How to register a trademark

If you are starting a new business or if you already own one but do not have your brand protected, this article is for you. To avoid future problems and add value and credibility to your business you should always register the brands you use. In this

16 April, 2019

If you are starting a new business or if you already own one but do not have your brand protected, this article is for you. To avoid future problems and add value and credibility to your business you should always register the brands you use. In this article we will cover all the details involved in this topic, looking for the need to register your brand, as well as the best way to do it.


Need to register a brand

The use of a name / designation obeys to several requirements that many entrepreneurs are unaware of. First, it is not allowed to use a name that is already in use and has been registered by someone. In this way, the ownership and right to use the respective trademark is protected. For example, it is not possible to use the name "Coke" in the products that you sell. This is one of the best known brands in the world, so it would be difficult for the entrepreneur to start using this brand unaware that there already was one with that name. However, there are millions of trademarks and it is not that difficult, the brand you would like to have in your business, is already registered in some business in the country or on the planet. By submitting a trademark registration it ensures that your trademark does not "clash" with any other trademark already existing.

On the other hand, if you started using a brand without registering it, it could be the target of someone who takes advantage of its popularity and registers the brand, starting to use it freely. Thus, you are spending all the value of your brand for someone else who is legally entitled to use it.

Another relevant aspect, with respect to the registration of your brand, is related to the associated credibility. A trademark always has a higher image and credibility than commonly used designations that do not specifically identify a particular business / product.


Submit brand registration

The registration of a trademark can be requested from the National Institute of Industrial Property (INPI). For this you will need to fill out a form with various information and submit some documentation. Then your request will be evaluated and checked to see if there is no equal or similar trademark that can be confused. There will also be a period during which someone may object to the creation of the trademark because they think it may be confused with another existing designation. Finally, if no compatibility problem has been identified with the already registered trademarks, then you will be granted ownership of the trademark and may start to use it freely. From that moment on, you may act against someone who is using your designation or some other likeness that may mislead you.


Trademark monitoring

After registering the brand it is important to keep some monitoring activities to verify that it is not being used abusively. Web House, besides offering the service of trademark registration, also has that service of constant monitoring for trademark use. Only this way you can  ensure that there are no third parties using your brand and eventually take advantage of its popularity and image. This can also have harmful consequences if, for example, a third party is promoting fraudulent schemes using your designation.

The internet develops and renews itself in micro seconds, making today's truth, information out of date in minutes, hours or days. All information in this article is valid and current on the date of publication.

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