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Distinctive Signs

Distinctive signs are an irreplaceable tool for communicating with consumers - an essential element in a company's strategy: their valuation enables a company to hold or conquer market shares.

This, in addition to its advertising role, is the Trademark's most important function: its distinctive or identification function. Owing to this role, the trademark is an efficient mean of identification, which protects trade against unfair competition and acts of deceit.

Trademarks

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What are Trademarks?

Trademarks, key components in every successful marketing strategy, are signs that enable us to distinguish one company's goods or services from those of other firms. They are also a quality indicator and have an increasing economic importance.

Technical Report on Prior Registrations

Durán Cuevas has a searching service through which it can obtain information on the viability of a Trademark registration, including data on the validity and ownership of each previous file located. Although it does not prejudge the final decision taken by the Spanish Patent and Trademark Office, it does provide extensive information on the registrability of a Trademark.
The preparation of this Report is highly recommended, since it contains all kind of registrations, including national, international and Community filings that may obstruct the progress of a Trademark. Once conducted, our legal department will study whether or not it is advisable to initiate the registration file of your Trademark.

Which rights are guaranteed through registration?

A registered Trademark protects its owner by guaranteeing the exclusive right to use it to identify the goods or services of the said owner or to authorise a third party, generally by means of a licence or franchise, to use it after paying a sum agreed between the parties thereto.

Protection abroad

The future applicant may choose among three options, which can finally be combined:

  • Directly, country by country, filing the corresponding applications in each country where the applicant wishes the Trademark to be registered.
  • Regional Trademark: The aim of Community registration is to obtain a single title certificate that is simultaneously valid throughout the European Union.
  • International Trademark: an international registration. Based on the recordal of a Spanish trademark, it is possible to extend protection of the said trademark to several countries that have signed the Madrid Arrangement of 1891 and the Madrid Protocol of 1989.

Brand Design

If you wish to add creativity to your Trademark wording, Durán Cuevas offers you the services of T & D Arqtos y Asociados, with whom they run a joint venture. The latter is a team of design engineering professionals specialised in Corporate Image.

Trade Brand

Trademarks are one of the easiest company assets to transfer and it is important to highlight their value as the object of any legal business; assignment, licence, non-monetary contribution to society, will execution, etc, bearing in mind that, the owner of a Trademark may transfer therewith the use or ownership of this business asset.

In this way, Trademarks need to be valued economically, in a particular way, since their value depend on unique features, considering not only economic criteria, but also essential aspects regarding the status and the legal strength of the Trademark.

Trade Names

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What are Trade Names?

The names of individuals, entities or companies of any kind, that are dedicated to a business activity. They are independent of the company names entered in the company registers.

Technical Report on Prior Registrations

Durán Cuevas has a searching service through which it can obtain information on the viability of a Trade Name registration, including data on the validity and ownership of each previous file located. Although it does not prejudge the final decision taken by the Spanish Patent and Trademark Office, it does provide extensive information on the registrability of a Trade Name.
The preparation of this Report is highly recommended, since it contains all kinds of registrations, including national, international and Community filings that may impede the obtention of a Trademark. Once conducted, our legal department will study whether or not it is advisable to initiate the registration procedure.

What is the difference between a Trademark and a Trade Name and a Company Name?

A Trademark distinguishes the goods or services of a businessman. However, a Trade Name is the sign or word that identifies a company in trade and distinguishes it from other companies developing similar activities.

A Company Name is the name that identifies a legal person as a subject of legal relations and, therefore, subject to rights and liabilities.

A Trade Name does not have to coincide with the Company Name and, therefore, it is possible to select a Trade Name that differs from the Company Name. One and the same natural or legal person, if he/she/it so wishes, may have several Trade Names to identify business activities belonging to different economic sectors.

Which rights are guaranteed through registration?

A registered Trade Name protects its owner, by guaranteeing said owner the exclusive right to use it to identify his/her company or to authorise a third party, generally by means of a licence or franchise, to use it after paying a sum agreed between the parties thereto.

Trade Name Exchange

The rights over an application or a Trade Name that has already been registered may be transferred by all the means recognised by Law, i.e.: they can be assigned and be licensed as if they were abstract and documentary goods.

The sale or assignment of a Trade Name, also implies transferring the Trade Name's prestige and current clients.