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What is a trademark?

A trademark can be defined as any sign that serves to differentiate the offerer of goods or services from those offered by other third parties or competition.

For any business trademarks are essential. In the same way people recognize the name or face of a person, a trademark is the means through which a business is identified. Trademarks constitute an indispensable element in today’s market, as it provides information to consumers regarding the origin of the products or services they are purchasing. This is especially relevant when several businesses are competing with each other, making it essential for them to differentiate themselves so that consumers can freely choose which brand they opt for.

Regardless of if you are in the stage of creating your trademark or if it is already operating in the marketplace, KUDU Legal will be able to assist you in protecting and maintaining your trademark, both nationally and internationally.

Why is it important to register a trademark?

Trademark registration provides territorial protection. This means that it will only have legal protection in those countries where it has been effectively registered.

If your business and trademark seek to have a cross-border presence, it is important to determine a necessary strategy to register, protect and maintain adequate protection of your trademarks and intangible assets.

Applying or filing for a trademark does not ensure successful registration. The registration process is a legal process which, depending on each case, could result in the refusal of the trademark. Refusals could occur during the examination stage because the trademark does not comply with the basic legal requirements for registration, or because there is a prior identical or conflictingly similar trademark. In such cases the owner of the prior trademark could present an opposition action which may also result in the rejection of the registration.

Therefore, and although it is not mandatory, it is highly recommended that a local expert check if your trademark complies with the local registrability requirements and to review if there are no prior marks that could be an impediment to registration

If you already have a trademark in use or registered in a country but wish to expand to other markets, it is important to check that there are no possible conflicts with existing trademarks in the new markets you wish to enter.

If you are still in the process of brandinghave not decided what your trademark will be, we can assist you in making the correct decision considering all the relevant legal requirements.

National, European or International Registration

It may be beneficial to register your trademark directly in each country of interest, or you might consider the possibility of opting for regional registration or even international registration through the “Madrid System”. What the best option is will depend on the particulars of each case, such as the number of countries in which you need to register your trademark, the specific countries of interest, and the nationality or characteristics of the trademark owner.

The Madrid System consists of an international filing system administered by the World Intellectual Property Organization (WIPO). This does not mean that your trademark will be registered worldwide, but by meeting certain requirements it will be possible to register in multiple countries through a single application through WIPO.

It is important to note that it is not always possible to register through this system and it will not always be the most beneficial solution. It will depend on the particularities of each client. For this reason KUDU Legal is here to help elaborate a customized strategy tailored to the needs of each client.

Other services for Trademarks

If you have a large number of trademarks, either domestic or abroad, it is important to control and monitor all trademarks through a single centralized system. This allows you to:

Register trademarks

Register trademarks in any country without the need to communicate with local attorneys in each case.

Trademarks Status

Control the status of all trademarks through a single system.

Monitor Trademarks

Monitor the renewal dates of each one (since these dates vary in each country).

Upto Date Data

Keep the owner’s data up to date for all trademarks.

Track Status

Track the countries or places in which your trademark is registered.

KUDU Legal has a powerful internal structure that can manage any portfolio of trademarks, keeping the client informed at all times of the status of their trademarks as well as the appropriate actions to be taken to maintain. All the above regardless of the countries in which our clients may require services.

Transfer and license of trademarks

Trademarks are intangible goods with economic value and can therefore be the object of business transactions. They can be sold and they can be the object of licenses or legal agreements.

If a trademark owner intends to expand their business to achieve a competitive advantage, a trademark license may be a suitable mechanism for this purpose.

Given that each company profile has different objectives, our experts at KUDU will analyze the most appropriate strategy for each situation and, if necessary, will ensure the drafting of license agreements as well as their registration in the Trademark Registry.

If you are interested in transferring or acquiring a trademark, the drafting of an assignment contract will be essential in order to avoid future problems.

KUDU Legal can represent you and negotiate the best possible agreements, as well as preparing the necessary documents and contracts. Subsequent registration in the Registry of each country may be necessary in order to be effective against third parties.

Trademark infringement actions

If there is unauthorized use of your trademark it is important to act as soon as possible, in order to avoid your trademark from losing value. The misuse of your trademark can cause serious risk of confusion in the eyes of the public, considerable economic losses for your company, or discredit your trademark and company altogether.

If you find yourself in this situation, do not hesitate to contact us. At KUDU Legal we will take all actions to ensure the protection of your trademarks and interests.