As we mentioned in the previews Article trademark in Spanish Law is every sign capable of being represented graphically eligible for registration as a Community trade and can difference her products or services from others. This Right, entitles territorial protection and the exclusive use of trademark.
This is particularly important in order to protect our products and services, moreover with the interest for increasing our market share using new technologies.
On one side we have to choose the domain, being the address using for costumers on internet to identify the company website, usually the domain is the trademark name. This will require a double protection, offline and online placement.
Online protection should be taken into account since the beginning. Corporations order an external ones the creation of a website, they believe themselves to be holders intellectual Rights of this creation but is a misunderstood. The website designers entitled the I. P rights unless they pact something different with costumers.
In IP field, prevention is always better than cure. Sadly once again we see how small entities who have been working several years with unfiled trademarks, decide to submit an application too late and her trademark and domain are being filed previously for others.
This is a disadvantage, not only other person has the Property and exclusive use but also it can ask for precautionary measures and monetary compensation.
As we mention above the article, operate on internet without a trademark register is a big mistake, not only for the economic losses in branding, merchandising but also and unexpectedly the holders of a trademark may take legal actions.
Protecting your trademark and lead her to a maximum level is more than a filing, per example EUIPO(EUROPEAN IP OFFICE) does not reject new applications for similar or identical trademark, holders must be aware in case of being the injured party and present a state of opposition
Daily monitoring is exhausting and almost impossible for an individual. It is there were Patent and trademark Agencies as IGLOBAX IP saves time and guarantees accurate measurements.
When you register your trademark in a country, you will have the right to prevent third parties from not only using an identical trademark, but also from using identical or related products or services.