A trademark distinguishes goods and services in the marketplace, ensuring identity and public recognition.
Trademarks fall under what are known as Distinctive Signs of Commerce.
In addition to being a strategic asset, registering a trademark grants exclusive rights and protects against unauthorized use by third parties. Trademarks can take various forms – from words and logos to three-dimensional shapes or even sounds.
Trademarks can be classified according to their form and function.
Word marks – Composed exclusively of words, numbers, letters, or other standardized typographic characters, without graphic elements or stylization.
Figurative marks – Consist of graphic elements such as logos, symbols, or drawings, with or without accompanying text.
Three-dimensional marks – Relate to the specific shape of a product or its packaging, provided it has a distinctive character.
Position marks – Defined by the unique placement or arrangement of certain elements on products.
Pattern marks – Composed exclusively of a set of elements repeated in a regular pattern.
Color marks – Consist exclusively of a single color, without outlines, or by a combination of colors, also without outlines. These marks rely solely on color as the distinctive element, without any additional graphic component.
Sound marks – Represented by a sound or sequence of sounds that identify the commercial origin of goods or services.
Motion marks – Consist, in whole or in part, of movement or a change in position of the mark’s elements. They are characterized by dynamic components conveying the idea of motion or transformation.
Multimedia marks – Consist of or include a combination of image and sound.
Hologram marks – Consist of elements with holographic characteristics.
Certification marks – Indicate that goods or services comply with specific quality standards or possess certain attributes.
Collective marks – Used by an association or group, allowing its members to use the same mark to identify their goods or services.
A logo is a sign used in commerce to distinguish a legal or natural person — public or private — providing services or offering goods. Registering a logo grants legal protection, preventing third parties from using identical or similar signs that may cause confusion in the marketplace.
Before proceeding with registration, it is essential to conduct a clearance (availability) search. This process identifies any prior existing trademarks that may conflict with the new application, reducing the risk of legal disputes and increasing the chances of successful registration.
Trademark surveillance services allow ongoing monitoring of new trademark applications, helping to identify potential infringements or conflicts. This service is vital to ensure that previously acquired rights are not compromised by third parties.
If a trademark is misused or if a conflicting application is filed, there are legal mechanisms available to defend the rights in question. These may include filing oppositions, initiating administrative actions, or pursuing legal proceedings, depending on the circumstances.
Trademark protection extends to the digital environment, where unauthorized use may occur on social media, websites, or e-commerce platforms. Online monitoring enables timely detection and action against misuse, safeguarding the integrity of the brand.
For entities holding multiple registered trademarks – especially across several jurisdictions – portfolio management ensures strategic and efficient oversight. This includes renewals, deadline tracking and coordination of protection strategies, both nationally and internationally.
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