Registering a trademark is one of the most suitable procedures that you should do, if you have any service or product that you offer to the market, since you will achieve great economic and legal benefits, which will make your business grow. Therefore, here we leave you the first step towards this goal, which are: requirements to register a trademark, which will help you have a better income.
In addition to this, you will also be able to know the process, step by step, that you must follow so that your brand is registered correctly and you can begin to take advantage of each of the benefits of registering a brand.
It also explains everything that you can register as a brand, so you can find out if your best ideas are capable of becoming an identifying element, which will make you earn a lot of money. So, don’t leave this website and stay reading the article, so you can get your own brand.
Requirements to Register a Trademark
If you have an idea of starting a business and want to register it, you should know the requirements to register a trademark what you will need to carry out the procedure
In principle, they are three general requirements that you will need to have, to be able to register your trademark; which will be mentioned below and briefly explained.
You must have a detailed description of the services or products that you want to associate with the registration of your brand, since it is a way to give a structure and identification to your company.
A previous search must be done, to verify that the name or logo of your account is not previously registered. In this way, you can make sure that your brand is original.
Finally, you will need to present the personal data of the person who is the owner of the trademark, when filling out the form to register the company.
Finally, when you meet this series of general requirements to register a trademark in Colombia, you must continue with a series of processes, which will also request some of your own requirements.
Once you have met the general requirements to register a trademark, you will need download and fill out a registration form, which you will find in the website of the Industrial Property System (SIPI). In turn, as you fill out the form, you must compile a series of necessary documents.
So, if you are already in the process of registering a trademark, here are the documents you will need to have:
- Indicate the name and surname of the owner (natural person) or of the company (legal person).
- Indicate the location of your home or address, in which all notifications will be sent.
- Present the name of the sign (nominative, mixed, figurative, three-dimensional, olfactory or sound).
- Present the Nice classification of the products that you want to identify your brand.
- Identify the products or services to be marketed.
- Present the identity card and the full name of the people.
- Sign the document at the end, so that it has legal validation.
Finally, you also have the option of register your brand, through a proxy. However, for them you have to present the power of attorney, which accredits the person managing the registration request.
This application does not need a legal presentation or other requirements, you just need to attach the power of attorney and identify the person who will be your proxy.
Steps to request the Registration of a Trademark
If you plan to register a trademark and you already know the requirements to register a trademark, now you need to know the steps that you must carry out.
This procedure is relatively simple, since they are four simple steps that you must follow:
- Check the trademark history.
- Pay the official fees of the SIC.
- Fill out the trademark registration application form.
- Attach the documents required by the SIC.
Next, we will explain the process that each of these steps takes.
It is recommended that you make a exhaustive search of phonetic and graphic registers, to ensure that no other brand is similar to yours. In this way, you make sure that there are no obstacles when registering your trademark.
Now, if you want to carry out this investigation, you must enter the SIPI website, to register and inquire about previous registrations.
If you want to access the process of registering a trademark, you must pay official rates established by the SIC annually. For that reason, here are the 2020 rates:
- First or only class: $ 954,000 Colombian pesos.
- Additional class in the same application: $ 477,000 Colombian pesos.
On the SIC website you will find a trademark registration form, which you must fill out and accompany with the following documents:
- Applicant details.
- Brand name.
- Classification of products or services, according to the Nice Classification.
- Description of the services or products.
Finally, you have to attach the following documents, if you are processing your trademark registration:
- Present the receipt of payment of fees.
- Graphic art and logo of the brand.
- Power of attorney (In the case of processing the registration with a proxy).
After you have formally submitted the registration application, you have to keep track of your case, so that you can meet all the deadlines that are scheduled.
What can be registered as a brand?
The elements or signs that you can register as a trademark are those perceived by the senses, such as:
- Shape of the products.
- Combination of letters, numbers or colors.
On the other hand, the types of trademark that can be registered based on these elements are the following:
- Normative: The writing of the expression, phrase or word is used to identify the product or service.
- Figurative: A graphic representation of the sign or element is used, without any type of letter or word.
- Mixed: It is the union of the previous two, to represent the element or sign.
- Three-dimensional: The sign or elements occupy a space in the three dimensions of the space (height, width and depth). Similarly, it is perceived by the senses of touch and sight.
- Sonoras: The sign is a sound. Usually these tend to be songs, although they can be any sound.
- Olfactory: The smell of the product or service to be registered as a trademark is registered.
- Color: The color delimited by a shape or a combination of colors that you want to identify with your brand is registered.
Now that you know that almost every element or sign can be registered as a trademark, and also what are the types of trademarks that you can create, it is time for you to analyze what you want to register and in which category it falls.
Benefits of Registering a Trademark
Deducting the benefits that you will have for registering your trademark is a subjective matter, since it will depend on the appreciation of the person. However, here are some benefits raised by the SIPI:
- The brand can become a very valuable intangible asset.
- Your brand can serve as an object of use licenses.
- Give formality to your company.
Now, we also present you some General benefits of registering a trademark:
- You get legal and legal protection for your brand.
- Give licenses or rights to use your brand.
- You protect your signs and prevent competitors from using similar signs.
- You can take legal action against those who use your brand maliciously.
- Tea allows you to receive compensation, if they use your trademark rights.
- You can create your own brand content, to distribute and generate income.
- You create an exclusivity of your content.
- You make sure not to violate the rights of third parties.
- You economically raise the value of your company.
- You can franchise the brand, so you would have greater economic benefits.
What is a Trademark?
Finally, we come to the section of what is a brand. So, if you are still confused about what the brand concept is, here we will explain it to you below.
To begin with, the brand is the identification of a sign or element with a product or service that is sold in the market. It should be noted that this identification is almost always made with a commercial intention.
On the other hand, it is important to emphasize that a brand it can be anything that is perceived with the senses, so that each element, sign or object can be registered as a trademark.
Additionally, registering something as a trademark allows you to access various economic and legal benefits, so that you can continue producing your products and services with greater security and aspiration to have better income. In addition, registering a trademark gives an exclusive feature to your services or products.
In conclusion, the process of registering a trademark is something that must be taken into account, if you have a product or service that is offered to a market, since it generates income opportunities and legal protection.
In addition, you get several benefits that give your products a theme of exclusivity, allowing you to sell use rights. So, if you want to have access to all these goods, you have to start collecting the requirements to register a trademark, and start the procedure.
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