How to register a mark (step-by-step guide)

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How to register a mark (step-by-step guide)

Once you have chosen a brand for your product, and you have big plans for it, it is important that you trademark registration register it so that you are the owner and the only one authorized to use it.

Registering a trademark is not a requirement to be able to use it; but it is necessary if you want to give it legal protection, and thus prevent other companies or people from using the same or a similar brand, or copying it in order to take advantage of its reputation.

Here are the steps necessary to register a trademark:

Keep in mind that registering a trademark is not the same as registering a name or company name. A trademark is registered with the trademark office; while a name or company name is registered in the public records office at the time of incorporating a company.

trademark registration

  1. Fill out the trademark registration application

Once you have made sure that there is no equal or similar trademark to the one you want to register, you must fill out a trademark registration application, which you can obtain at the trademark office or, in some cases, download on the website Of the same.

In this request, among other things, you must specify your personal data and that of your company, the name of your brand, its type, the products or services that it will identify or distinguish, and the class to which they will belong.

  1. Make payment for trademark registration

Once you have filled out your trademark registration application, you must make the corresponding payment to register your trademark.

You can make this payment to register your trademark at the trademark office, at the banks authorized by it or, in some cases, on its website; and it will depend on the country where you are going to register your trademark.

  1. Submit a trademark registration application

Once you have made the payment to register your trademark, you must go to the trademark office and submit your trademark registration application, the image of your logo if you have one, and your proof of payment.

Once your application has been received, the trademark office will proceed to carry out a first requirements verification examination , where they will effectively verify that your application meets the corresponding requirements. This exam could take up to 15 days.

In the event that your application does not meet the requirements, you will be notified so that you can make the necessary corrections; And if your application is approved, the trademark office will ask you to publish your trademark in the country’s official newspaper, or it will be officially published on its website.

The idea of ​​this publication is to allow another company or person to file opposition to the registration of the trademark. The deadline for someone to file this opposition is 30 days.

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Once the 30-day period has expired and, if no opposition has been filed, the trademark office will proceed to carry out the registrability examination, and to grant or deny the registration of the trademark.

In the event that you are granted the registration of your trademark, it will be valid for 10 years from the date of its granting, and it may be renewed for successive periods of ten years indefinitely.

Likewise, your trademark registration will only be valid in the country where you have registered it, so if you want your trademark to be protected in other countries, you will also have to register it in the trademark office of each of these.

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