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A trademark is the identity symbol that allows your company products and services to stand out from those of your competitors. Among other things, logos, product packaging, holograms and sounds can be registered as trademarks.
All of these serve the same purpose of helping your current and potential clients identify your products and services.

Registering a trademark makes you acquire the ownership over the distinguishing sign that is being protected.

When registering the trademark:

• You get exclusive rights.
• It allows you to safely exploit your brand in the online and offline environment.
• It sets you apart from your competition.
• You have access to market your products on large e-commerce platforms.
• You generate value for your company or business from an intangible.

• Words or combinations of words, letters or numbers and their combinations (for example, the name of your company, product or service).
• Images, illustrations, symbols, and graphics. Your logo would fall within this group, as well as any other image that distinguishes the product or service.
• Three-dimensional shapes. It is possible to register a product wrapper, containers, or a product shape.
• Sounds, such as a jingle or a characteristic sound linked to the product or service.
• Any combination of the above signs or media, in addition to multimedia, motion, and color files.

• Non-distinctive signs: That is, those that don’t serve for indentifying your company among others.
• Generic signs. For example, the word ‘Pizza’ cannot be registered as a trademark to market this type of food.
• Descriptive signs, such as mere geographical or quality indications, among others.
• Signs that are confusing, or that may be regarded as misleading.
• Any sign contrary to what’s established by law, or which may affect public order.
• Forms inherent to the product they represent.
• Some protected signs such as flags, shields, etc.
• All those terms that have become a common designation for a product or service (e.g. tablet or clinex).
• Designations of origin, geographical indications, traditional terms for wines, or guaranteed traditional specialties, as well as registered plant varieties.

A trade name is the sign or designation that helps identify a company and distinguishes it from others engaging in the same or similar activities. The trademark, however, helps distinguish products and services offered to end-consumers.

Both are protected by ownership titles granted by the State, which offer their holders the right to use them exclusively. Apart from protecting different things, they differ in the fact that the trade name cannot be internationally expanded, as it has to be registered country by country, following specific laws and provisions of each territory; contrary to how Trademarks are handled (international trademark and European Union trademark).

Traditional trademarks are understood to be the ‘simplest’ type of trademarks. This group includes word marks and figurative marks, which are the most frequently requested for registration.

On the other hand, non-traditional trademarks are less known. This group includes position, pattern, color, sound, motion, multimedia, hologram and even olfactory trademarks.

Word mark

Word marks can be: words, proper names, letters, numbers, in general combinations that are not accompanied by any image.

Figurative or mixed mark

This mark is the most requested type of mark and the one with the greatest distinctiveness. From simple, wordless logos to logos with a denominative part (hence the term ‘mixed’). Therefore, when submitting your registration application, including an image will always be a prerequisite.

Position mark

It is the mark that registers the place or position and size of a symbol or figure, making this mark different from others.

Pattern mark

In this case, the pattern mark is exclusively made up by a set of elements that are periodically repeated in a sign. This type of mark is usually applied for products such as gift wrapping paper, clothing and tablecloths, although it can be registered for other types of products.

Color mark

The protection of a color or its combination, designated by a specific code, is the color mark. They are not easy to register.

Sound mark

The sound mark is composed of a sound or combination of sounds. This type of mark is represented by an audio file or sheet music.

Motion mark

The sequence of images or videos representing a change of position is the description of the motion mark.

Multimedia mark

The combination of image and sound is what is known as multimedia mark. To request their registration an mp4 file must be submitted.

Hologram mark

Hologram marks are distinctive signs with holographic characteristics. These are represented in JPEG or mp4.

The Nice Classification is an international agreement for product and service classification within a commercial sector. Trademarks can be registered within one, several, or in every existing category. Identifying which are the most suitable is fundamental not only to obtain the register, but also to make it sound and coherent.

1. Chemical Industry.
2. Paints, varnishes, lacquers, colorants.
3. Cosmetics, cleaning products.
4. Oils and greases for industrial use.
5. Pharmaceutical products.
6. Metals.
7. Machinery and mechanical tools.
8. Hand tools.
9. Scientific and electrical devices and tools.
10. Medical devices and instruments.
11. Lights, heating, cooling, drying.
12. Vehicles.
13. Firearms.
14. Jewelry and metals.
15. Musical instruments.
16. Office supplies / Stationery.
17. Plastics and rubbers.
18. Leather or artificial leather products.
19. Non-metallic building materials.
20. Furniture and decoration.
21. Household/Culinary utensils.
22. Ropes, tarpaulins, textile awnings.
23. Threads (textile use).
24. Fabrics and substitutes; household linen.
25. Clothing, footwear, hats.
26. Notions
27. Carpets and linings.
28. Toys; video games; sporting equipment.
29. Animal-origin food and beverages.
30. Plant-based food and beverages.
31. Land and sea unprocessed products.
32. Beer, free-alcohol beverages and soft drinks.
33. Alcoholic beverages (except beer).
34. Tobacco, smokers’ items.
35. Advertising, administration and management.
36. Insurance, financial, real estate.
37. Construction Services.
38. Telecommunications.
39. Transport, packaging, storage, traveling.
40. Materials processing.
41. Education, entertainment, culture, and sports.
42. Scientific, technological and research services.
43. Catering services.
44. Medical, hygiene and beauty services.
45. Legal and security services.

If you need to know more about the Nice Classification, you can find out more information HERE.

These are the 45 available classes within the Nice Classification applicable both to trademarks in Spain and in the European Union:

1. Chemical Industry.
2. Paints, varnishes, lacquers, colorants.
3. Cosmetics, cleaning products.
4. Oils and greases for industrial use.
5. Pharmaceutical products.
6. Metals.
7. Machinery and mechanical tools.
8. Hand tools.
9. Scientific and electrical devices and tools.
10. Medical devices and instruments.
11. Lights, heating, cooling, drying.
12. Vehicles.
13. Firearms.
14. Jewelry and metals.
15. Musical instruments.
16. Office supplies / Stationery.
17. Plastics and rubbers.
18. Leather or artificial leather products.
19. Non-metallic building materials.
20. Furniture and decoration.
21. Household/Culinary utensils.
22. Ropes, tarpaulins, textile awnings.
23. Threads (textile use).
24. Fabrics and substitutes; household linen.
25. Clothing, footwear, hats.
26. Notions
27. Carpets and linings.
28. Toys; video games; sporting equipment.
29. Animal-origin food and beverages.
30. Plant-based food and beverages.
31. Land and sea unprocessed products.
32. Beer, free-alcohol beverages and soft drinks.
33. Alcoholic beverages (except beer).
34. Tobacco, smokers’ items.
35. Advertising, administration and management.
36. Insurance, financial, real estate.
37. Construction Services.
38. Telecommunications.
39. Transport, packaging, storage, traveling.
40. Materials processing.
41. Education, entertainment, culture, and sports.
42. Scientific, technological and research services.
43. Catering services.
44. Medical, hygiene and beauty services.
45. Legal and security services.

If you need to know more about the Nice Classification, you can find out more information HERE.

Spanish trademark. Under normal circumstances, the procedure for obtaining a Spanish Trademark takes 5 to 6 months. In the case of a European Trademark, it takes between 4 and 5 months. However, incidents such as possible objections against your trademark may extend the procedure.

A trademark is valid for ten years, as of the application date; however, it can be renewed as often as desired, provided that the necessary processes are carried out, and the corresponding fees are paid.

Ownership of the trademark is renewed every 10 years. You can start your renewal application 6 months prior to its expiration date.

Once the trademark registration application has been filed, you will not be able to modify it, except in very specific cases and depending on the registration office; therefore, it is very important to keep this detail in mind and to be sure about the trademark and its use before filing the application.

You will not be able to expand the products or services selected during your registration application either, if you need to modify them, you will need to resubmit a new application. This is why choosing the right Nice classes is so important, not only for the short term use of your trademark, but also for the medium and long term.

While a trademark application is being processed, others may object it if they consider there are similarities between them. This does not mean that the trademark will necessarily be rejected, but it will be required to file a reply, in which the reasons why your trademark should be considered for registration are stated.

The trademark application service can be paid at the time of ordering it by credit card, or later on, by bank transfer. Once the corresponding amount has been paid to Singular TM, your application process will get started and you will not have to make any further payments at a later date.