Choose the name of the company is one of the most important from the marketing point of view but also more difficult for entrepreneurs. Not just about choosing the name of the company but also the trade name registration, which would also have to do with each of the products launch.
The process of registration of trade names is governed by Law 17/2001 , of December 7, Trademark and subsequent regulations, contained in Royal Decree 687/2002 of 12 July, which approves the Regulation for implementation of the Trademark Law. In Spain, the registration of trademarks and trade names is not mandatory, although it may be advisable to protect the brand. This is done in the Spanish Patent and Trademark YLO first thing to be clear before starting the paperwork is the difference between the trademark and trade name and different names can be registered.
In this sense, be understood by any sign or brand name that serves to distinguish in the market products or services of different people, while the trade name identifies a company and often, if not most, will coincide with the name, that is contained in the Register . Put another way, the trade name distinguishes the company that manufactures or sells products or provides services and the mark distinguishes the goods or services manufactured, sold or delivered the company. Precisely for this reason, each firm may register a business name, but you can have multiple brands.
As regards the names can be registered here are the national brand and trade names, the international brand, the CTM and Internet domains.
In terms of process, the Spanish Patent Office itself and Trademark Office (SPTO) has an informative manual for applicants in which details all the procedures that will summarize here.
What can be a brand name?
It’s the first thing you should know, since not all be registered as a trade name. From the SPTO explain that may be considered as such
Surnames, company names and names of legal persons.
Fanciful names.
Names alluding to the subject of entrepreneurship.
Anagrams and logos.
The images, pictures or drawings
Any combination of the above signs.
This leaves us with five types of trade names First would be the verbal, that arbitrary or fanciful designations, second graphs, in the mixed third, which would be the mixture of the two first, fourth the three-dimensional, and in fifth the sound, provided that such sounds in the trade name that consists of can be represented graphically on a staff.
Are you already registered?
At this point assumes that you have our name in mind or at least a list of three names. The next step will be to check that the name chosen is free, ie there is no other company uses. For this you can use the locator is available free of SPTO in this link . However, as recalled from the office, if there are requests or earlier rights which by their phonetic similarity may impede their access to the registry, the application locator information is not adequate and would have to pay 17.18 euros per visit on another system search of the SPTO.
The process
The process of registration of trade names begins with the SPTO application that will give us for this hour and day to try our case. The application shall be stated the name in a design consisting of or trade name if graphic or mixed together with the activities to be implemented. and proof of payment of fees. In total, the process can cost around 150 euros, although this link you can check the specific rates that apply to each case.
After receiving the application will be time to examine it first and then form its permissibility. If you will overcome a period to be reported to the holders of prior rights of publication in the BOP trade name. This is followed by a new exam and the verdict is issued. The process can be extended twelve months if the application does not suffer any suspense and has no objections. Otherwise you can reach up to 20 months.
