What is a trademark and benefits of its registration

In this week's post, we are going to touch on an important topic for entrepreneurs, which is closely linked to establishing an identity for your company. This identity must be associated with the set of attributes and values inherent to your company's brand, so it will be quickly identified by your audience, is what ultimately gives your company a personality, makes your customers feel a certain way and associate it with an entire experience. The design, language and visualization of your brand should give life to the personality of your company, it is what will remain in the hearts and minds of your customers.

What is a brand?

The INAPI (National Institute of Intellectual Property), the body before which the registration of a trademark is processed, defines it as “Any sign susceptible to graphic representation, capable of distinguishing in the market; products, services or commercial or industrial establishments.” It is important to protect your brand, your identity and what you project to the consumer, which is why the registration of said trademark grants you Territorial and Temporary protection, your brand is protected nationally and for a renewable period of 10 years. Trademarks can consist of a word (denominative mark) or combination of words (mixed brand), numbers; letters; symbols; drawings (figurative marks) and even auditory signs (sound marks). Propaganda or advertising phrases can also be registered, provided that they are attached to a registered trademark of the product, service or establishment for which it is going to be used.

It's an advantage to register your trademark.

This, because when your customers choose your product, they know that it has a certain quality and characteristics associated with it. All this is protected by legal protection for the owner, who can prevent third parties from using his trademark without his consent, both in commercial operations and in those services for which he has it registered. Your brand can be protected through criminal actions for the crimes established in the law as well as civil actions to compensate for damages for the use of your brand. There are different reasons for which a trademark could not be registered established in industrial property law 19,039 in its article 20, it is key to keep the most important in mind:

• That it lacks badges that differentiate it from another company or is commonly used in commerce for that type of product or service. For example, trying to register the Auto trademark for an automobile company. Those signs that are acquired rights for third parties.
• When the sign consists of the shape or color of the products in the containers or consists of color itself.
• That the sign is contrary to morality or public order. For example, register the name of an illegal drug.
• Those that lend themselves to inducing error, deception or confusion regarding the geographical origin, quality or gender of the products and services.
• Trademarks that are phonetically similar to others already validly registered previously for identical or similar products or services.

If you still have any questions or concerns regarding the trademark registration process, do not hesitate to leave a comment or contact us at contacto@nss.cl]] >