Frequently Questions PONS IP's Solutions

The commercial name is the sign or denomination that serves to identify a company and distinguish it from others that carry out similar or identical activities. The trademark, however, serves to distinguish products and services for consumers.

It is not recommended. In order to enjoy the benefits of protection offered by trademark registration, it is essential to have it granted. Since the application, the trademark enjoys provisional protection but it is not until the moment of granting that the owner enjoys full rights.

The deadlines for registering trademarks and trade names in Spain vary depending on the process. For applications that are not opposed by other owners, the definitive concession normally takes between 6 and 9 months. Depending on the territory where the registration of the trademark is requested, the terms for its granting may vary. In the case of an application for the registration of a national trademark, the terms for its granting, since the application is filed, are the following:

Application 15 days approximately publication deadlines opposition concession (if there is no opposition)

In the case of an EU trademark registration application, since your application is filed, they are the following:

Application 15 days approximately publication deadlines opposition concession (if there is no opposition)

The trademark registration grants us its protection and exclusivity for a period of 10 renewable years. Its renewal can be requested from the 6 months prior to its expiration date. Keep in mind that we can renew the trademark totally or partially, thus adapting its coverage, the products and services initially requested, to those that really continue to interest us.

The trademarks can be used from the granting of their registration. To take into account that, Yes, the trademark is not used in the first five years from its granting, or ceases to be used subsequently for the same period in an uninterrupted manner after having been used. , their expiration can be declared. With the trademark registration title, many benefits are obtained, among others and the most important, the right of exploitation and exclusivity. For this reason, it becomes essential to register the trademark.

Yes. The first step towards the protection of a trademark is its registration, but once the trademark is registered, it is very important to carry out an exhaustive follow-up. In order to be informed of all registration attempts, both nationally and internationally, worldwide, there is a complete surveillance service together with the advice of an expert consultant. This determine the appropriate actions to be carried out, prevents possible attempts to register identical and similar trademarks that may damage the brand image, compete with its exclusivity and directly affect its market value.

No, there are 6 months to be able to extend the request for protection in other territories. However, it is recommended. Since the first step in achieving adequate protection for a trademark is that its registration is aligned with its marketing and brand expansion objectives in the medium and long term. To do this, it is essential to establish a strategy prior to its registration in order to analyse assess and determine in which countries ownership of the trademark should be applied. From our Trademark and Brand Intelligence area, specialized consultants study each brand individually, together with its objectives, to design the most appropriate protection strategy in each case. In the case of classes, the same thing happens, coverage cannot be extended and hence it is very important to have them well defined at the time of the request.

No, the trademarks are renewed with the same characteristics that were initially requested, there could be no change. For this reason, it is very important to have a prior protection strategy because, once a trademark is granted, it cannot be modified. In the event that you want to change the logo, you would have to make a new trademark application.

Wordmark
A wordmark is one that is made up exclusively of words or letters (lower or upper case), figures or standard typographical characters, without graphic, layout or colour characteristics. With them, protection is obtained exclusively for these elements, although in case of conflict, it is analysed from the triple phonetic, graphic and conceptual perspective, as occurs with the rest of the types of trademarks.
Figurative mark
Any element that is exclusively graphic or that combines graphics with verbal aspects can be registered with a figurative trademark.
From a logo, isotypes, imagotypes or any symbol or illustration that visually represents a brand.
Sound mark: (melodies, jingles,…)
The sound mark in one of the marks categorized within the group of marks known as non-conventional marks. In this group of marks known as “non-conventional marks” are the position, pattern, colour, sound, movement, multimedia, hologram, and even olfactory ones. The sound mark is made up of a sound or a combination of these. The way to represent this type of trademark in your registration application is through a score or an mp3 file. It is important to carry out a study prior to the application to analyse and design the best strategy to obtain this type of registration. Non-conventional trademarks are more complex and varied; That is why, when in doubt, we recommend that you consult us.
Motion/multimedia/3D mark
A movement mark protects a movement or a change in the position of the elements that make up the mark. Multimedia marks protect combinations of movement with sounds. Three-dimensional marks protect three-dimensional forms including the verbal and figurative elements they contain.
Colour mark
A colour can be requested as a trademark when it is distinctive enough and Yes, society as a whole associates it with your visual identity.
Position mark
When a specific place or way in which, for example, a logo is placed on a product, or how certain shapes are placed on it, is what is protected as a position mark.