Frequently Asked Questions About Trademarks, Patents, and Copyright

What is a brand?

In this section of Frequently Asked Questions on trademarks, patents, and copyrights, we answer your questions.

A brand is any name, symbol, or words used to identify the goods or services of others. A trademark is not just a visual representation, but also encompasses the entire perception and experience through which consumers identify the goods or services. 

Brands such as Apple and IBM are examples of this. However, the protection that trademark registration offers is not limited to large brands; it is recommended that you register your trademark from the very beginning of your business or startup.

Should I register my trademark?

Yes, even though it is not a legal requirement. The fact is that you only own the trademark if you register it with the competent trademark authority in that country. In the case of Colombia, the agency responsible for industrial property registrations is the Superintendency of Industry and Commerce. 

In the case of the United States, the agency is the USPTO, the United States Patent and Trademark Office.

Can words or logos be registered?

That's right. Both logos and words can be registered as trademarks. In fact, voice trademarks have recently been registered, such as the one by the famous Hollywood actor Matthew McConaughey for “alright, alright, alright.”

Similarly, the famous singer Taylor Swift recently applied to register her voice as a trademark under the names “hey, it’s Taylor” and “Hey, it’s Taylor Swift.”

We have an interview we did for NTN24 explaining this topic; contact us and we'll send you the link.

With whom are trademarks registered in Colombia, Europe, and the United States?
  • In Colombia, trademarks are registered with the SIC (Superintendency of Industry and Commerce).

  • In the United States, trademarks are registered with the USPTO

  • In Europe, trademarks are registered with the EUIPO, which is the European Union Intellectual Property Office. By registering a trademark with the EU, you obtain protection in all 27 EU member states.

 

Why Register a Trademark?

Whether you’re a small or large business, you should register your trademark. While it’s not a legal requirement, the fact is that you only own the trademark once it’s registered. This provides you with countless financial and contractual benefits, as well as the right to display the ® symbol next to it, which lets third parties know that the trademark is registered and prevents them from using it or exploiting similarities to divert your customers.

Protecting your brand means investing in intangible assets that today exceed the nominal and actual value of traditional assets such as machinery and inventory.

Do I need to conduct a trademark search?

A trademark search is optional but recommended, and most clients take this step before filing the application.

There are several benefits to conducting a preliminary search. If you'd like to learn more about these benefits, please contact us—we'd be happy to assist you!

What is the process for registering a trademark?

Leave the trademark registration process to intellectual property attorneys like us, so you can focus on your work while we handle the legal intricacies involved in this specific area of law.

Although neither the Superintendency of Industry and Commerce nor the United States Patent and Trademark Office requires the involvement of an attorney, as a general rule, it is best and most advisable to have the trademark registration process handled by attorneys who are experts in the field.

Please contact us, and we'll send you the form we need to get started with the application.

 

Protect your most valuable asset today.

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Call us: (+1) 754 274 9490 

 

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