If you already have a company or product, but you have not taken the step of registering it, then you have to read this post because we will show you the importance of registering your trademark.
If you have started with a small business, maybe you did not see the need to register your trademark or with all the paperwork you need to do to start up your company you have probably left the registration until the end, it may also be that you wait for your brand to be successful for a couple of years to register it, if you agree with this, then keep reading because here we will give you the most important reasons and the advantages of registering your trademark, so that you do it as soon as possible.
What is to register a trademark?
If you have started with your business, surely you are a little buried in so much paperwork and do not understand well all the requirements, and in fact one of them is the trademark registration, but you do not know well where it is done and what it is for, so read on because we are going to tell you below.
Registering your trademark means that you have the ownership of your trademark and guarantees that you are the only person who can profit from it and its image. This procedure is done in front of the Mexican Institute of Intellectual Property (IMPI), it is a fast process that guarantees you as owners for 10 years.
This procedure only guarantees the ownership in the Mexican territory, but if you need to protect your trademark in other countries then you have to resort to the “Madrid Protocol” that validates the registration among the signatory countries of this protocol, the procedure is also initiated at the IMPI, through the Divisional Direction of Trademarks, then this office takes it to the World Intellectual Property Organization (WIPO), who finally notifies the registration among the member countries.
It is very important that you do not confuse the trademark registration process, which as we have seen is done before the IMPI, with the company registration process that is done before the SAT, in any case your company must have these two registrations to operate correctly, without any problem.
On the one hand, the company registration process at the SAT means that you will start paying taxes according to the tax regime that corresponds to you, this gives you the legal certainty that you are a formal company.
On the other hand, registering your trademark means that you are the owner of the trademark, and you will be the only person who will be able to use it, both the name, slogans, logos and colors related to it.
So in a few words, registering your trademark means that when you register with the corresponding authority you have the ownership of it and that only you can profit from it. As you can imagine it is a fundamental part to start your business, even if you are a freelancer you have a personal brand.
Here we are going to tell you some advantages of doing this procedure.
1. Legal protection
Imagine that you have been running your business for a couple of years, and you are getting better known every day, in short, you are becoming very successful, but you have not registered the name, logo or slogans that you have been using during this time.
Your company continues to expand without much problem, maybe to other cities, states and why not to other countries, but suddenly you see an ad with the name of your business or with a logo too similar to yours, maybe you find on the Internet a website with a name and design very similar to yours, which may be your competition or a business totally unrelated to yours, it does not matter because you feel a micro heart attack! Because someone else is using your name.
Well, if you register your trademark from the beginning and this happens to you, you have the guarantee that you are legally protected, by Mexican law, as the legal owner of that name and logo, so you can easily sue for plagiarism to that company that is appropriating the distinctive signs of your trademark and immediately will have to stop using everything that has plagiarized.
On the other hand, if you don’t do it in the worst case scenario, they can do it first, and you will lose the identity that has taken you years to build.
Once you register your trademark with the corresponding institution, you can start creating an image around it, using your logo on your products, stationery, social networks, without the fear that another company will use it.
Both the logo and the name of a brand is the best way to identify a brand at a first glance, that is why it is so important that you make sure that no other brand will be using elements that look the same or similar to yours. This will make it easier for you to create an identity that your customers will easily relate to.
3. Security for the customer
We have already established that registering your trademark gives you the security that no one will use it without your permission, but there is another advantage that you may not be able to see at first glance, it is the confidence it gives to your consumers.
Once you register your trademark you can use the initials T.R. or the symbol Ⓡ after the name, this gives them the assurance that they are buying original products from a formal company.
The commitment and quality that is reflected by being registered in a registry or making the legal registration process is something that consumers detect and value, because just by reviewing your products they will know that it is something original, and it is not piracy.
4. Create your business through the licensing of your trademark
Creating licenses of your brand is an advantage that is clearly seen in brands related to the entertainment industry or even with high performance athletes or artists who have registered their own name, because they can sell licenses or permits, so they can use their brand and logo on different products such as tennis shoes, toys, clothing, sports accessories, beverages and many other items.
If you register your trademark, you can then sell this type of licenses for other products related to your industry.
5. Make a business more attractive to investors
The security of a registered trademark is not only for your customers, it is also necessary for your investors. If you decide to look for investors to make your company grow, you will realize that investors will look for safe places to put their capital, that is why they will ask you for all the documents that prove that your company is legally constituted and of course among these will be the registration of your trademark.
No one will be interested in putting their money in a company that could lose its identity or even its name because someone else has already registered it.
A successful registration of your trademark should be seen as an investment, besides being a legal necessity that will give legal certainty to your customers and investors, so we hope this list of advantages will convince you to start with this process. Tell us, do you know any other advantages of registering your trademark?