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What To Do If My Trademark Is Already Registered?

EntrepreneurLaw and Tax Changes

My Trademark Is Already Registered

Even if you use a trade name consistently, you should know that the trademark is not yours until you register it in the Trade Mark Register. If you do not take these precautions, another person or company may use and register that name, gaining all the rights to the trademark you have worked so hard for.

But is there anything that you can do if your competitors adopt your brand name? The Law has provided two mechanisms to protect your rights, and in this article, we will see what they are.

1. When your name and the name of your brand are the same

It may be the case that you are using your company name as a trademark. In this case, it is much more difficult for a third party to take over your trademark.

No one can register a trademark identical or similar to the company name or activity without the prior authorisation of the representative or entrepreneur of that activity. 

This mechanism is usually used when using your trademark by third parties is likely to cause confusion among customers. If it does not cause such confusion, i.e., customers can distinguish your goods from those of the third party, you should be careful. The courts may force you to accept the use of your trademark by the third party who has appropriated it.

2. When you have a notorious brand

A different case is if the trademark created is not the same as the company name but is well known. In this case, you will need to gather evidence of owning a well-known trademark created by you.

That is, your brand is generally known and associated with your products by customers. You can claim that if you have a good sales volume or if you have achieved a high reputation in the market with that brand.

Keep in mind that this notoriety cannot be only in your locality. In Spain, there are already cases in which the trademark has been required to be known throughout the national territory or in a significant part of it.

Therefore, to avoid these unnecessary risks, make sure you register your trademark in the Trade Mark Register as soon as possible. We recommend doing so even if your trademark is the same as your company name. Look at all the advantages you lose by not registering your trademark in time…

Advantages of registering your trademark

When setting up a business, the idea of creating a brand for customers to identify your products with is an excellent opportunity to enjoy all the benefits that this type of registration offers. For example:

– You have the legal protection to appropriate your brand and exploit it as you wish. You can defend against improper and impermissible use by third parties.

– Opportunity to grant licensing contracts to third parties, as you have a registered trademark.

– You can take criminal action against counterfeit products.

You could oppose the registration of a similar trademark in your field or request the invalidity of a trademark registered subsequently to your registration if you did not oppose it in time.

Greater security for the investment and launch of your brand since, by registering a trademark, there is greater security that you are not encroaching on the rights of a third party.

You increase the equity value of your company. There have been cases where companies have been sold for which they have had to pay more for their intangible assets, such as the trademark registration, than for their tangible properties.

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