How to register a mark

The mark (or trade name) will be the name, term, word, sign, design or a combination of them that will allow us to distinguish our products or services of those of the competition and, simultaneously, to heighten our publicity, allowing us to persuade or to familiarize our products or service to the consumer.

In case we are safe in the election of our mark, and have great plans for her, it is very important we protect that it, that is to say, we register who it; that way, we will avoid that other companies can use the same mark or a similar, or that somebody wants to us to copy to take advantage the prestige of our mark.

Next we see the generic procedure or steps necessary to register a mark:

1. To go to the registry office of marks

The name of this office could vary from a country to another one, could be called the Office of Marks, the Office of Marks and Patents, the Office of Distinguishing Signs, etc.

2. To look for mark antecedents

Once in the office of marks, we must ask for a search of antecedents, that consists of a search of equal or similar marks to which we want to use, so that we make sure that an equal or similar does not exist to which we want to register.

In case our mark not only were conformed by a name, but also, by a logo, we must make two searches, one of phonetic antecedents for the first case, and one of figurative antecedents for the second.

We must consider of which this search is not definitive for the registry of a mark, because once we present/display our request of registry, the office of marks will realize a more rigorous examination.

The time of delivery of this report search usually delays 30 minutes for a search of phonetic antecedents, and 3 days for a search of figurative antecedents.

3. To present/display request of mark registry

Once we have made sure that a mark equal or similar to does not exist which we are going to use, we must fill a request of mark registry, request that us the delivery the same office.

In this request we must describe the mark (to indicate to the name as well as the logo in case we are going to use one) and indicate the products that will distinguish.

Once filled our request, we must give it along with the proof of the payment by the registry of the mark.

4. Examination of verification of formal requirements

Once received our request, the office of distinguishing signs will happen to realize a first examination, where they will verify of which our request fulfills the formal requirements.

This examination could last 15 days, in case our request does not fulfill the formal requirements, will be notified to us so that we pruned to correct.

In case our request were approved, the office of distinguishing signs will order to us to publish the mark to register in the official newspaper of the country.

The idea of this publication is to allow that any person can present/display opposition to the registry of the mark.

The term so that somebody can present/display some opposition is of 30 days.

5. Examination of registrabilidad

Once passed the term of 30 days, and in case of not to have presented/displayed some opposition, the office of distinguishing signs will happen to realize the registrabilidad examination and to grant or to deny the registry of the mark.

In case the registry has granted us, our mark will last of 10 years counting as of the date of their concession and will be able to renew per successive periods of ten years, in indefinite form.