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What is called a brand?
In general terms, a trademark refers to a distinctive sign that identifies and distinguishes the products or services of a company from those of other companies, can be manifested through words, names, symbols, logos, colors, sounds, or a combination of these elements, a brand fulfills several important functions, such as differentiating a company's products or services from those of its competitors, transmitting the quality and reputation associated with those products or services, and facilitating identification and loyalty by of consumers, in addition, brands can be legally protected by registration with the competent authorities, which grants their owners exclusive rights over their use in the market.
Is it necessary to create a brand?
While it is not mandatory to create a brand, doing so can be extremely beneficial for companies and entrepreneurs for several reasons:
Differentiation: In a competitive market, a distinctive brand can help stand out from the competition, allowing consumers to easily identify a company's products or services and choose them over other options.
Reputation and trust: A strong brand can build a positive reputation among consumers, which can build trust and loyalty toward the company and its products or services.
Value added: A well-established brand can add economic value to a company's products or services, which can allow it to charge higher prices and achieve higher profit margins.
Legal protection: Registering a trademark offers legal protection against unauthorized use by third parties, helping to protect the investment made in developing and promoting the brand.
Facilitates marketing and expansion: A well-known brand can make it easier to market new products or expand into new markets, as consumers may be more willing to try new products or services from a brand they trust.
Who can do without the brand?
Large corporations prioritize the development of their brandHowever, for small companies or highly specialized businesses, creating a brand is not essential; choosing to do without it can represent a saving of resources that can then be used to improve the internal processes of the business and strengthen communication with the target audience.
For example, activities such as the manufacture of nails or the sale of potatoes do not necessarily require a distinctive brand, as does the production of notebooks for everyday use. In these cases, consumers mainly value the quality of the product and its practical usefulness. without paying so much attention to the brand itself.
Advantages of not having a brand
- Saving money
- Focus on the quality of the product or service
Disadvantages of not having a brand
- Customer confidence decreases, since they will hardly recommend the company to their acquaintances.
- Ads with an established brand are more easily identifiable.
- Having a brand makes it easier to go public and find partners for investments or business collaborations.
- Job candidates are less likely to consider joining a company that doesn't focus its efforts on promoting its own brand.
Trade mark
Trademark registration is a legal procedure through which exclusive protection is granted to a brand on certain products or services in a specific territory. It consists of registering the brand in an official registry before the competent authority, such as the Trademark Office and Patents in each country, to obtain legal rights over its use and prevent third parties from using it without authorization.
He Trade mark confers on the owner a number of rights, such as the exclusive right to use the trademark in relation to the goods or services specified in the registration, as well as the right to take legal action against any person who infringes those rights.
The trademark registration process generally involves submitting an application to the competent authority, which will then examine the trademark to verify whether it meets the legal requirements and whether it is distinctive and not confusing with other trademarks already registered, if the trademark meets the criteria. established and there are no objections, it is registered and a trademark registration certificate is issued, which confirms its legal protection.
Trademark registration is important to protect the identity and reputation of a company, as well as to guarantee exclusivity and competitiveness in the market.
What are the types of trademarks that can be registered?
There are several types of brands, each with specific characteristics and particular applications.
Some of the most common types of brands include:
- Nominative brand: Consisting solely of words or letters, without any special design, it is the most basic type of trademark and focuses on the name of the company or product. Example: Coca-Cola.
- Figurative mark or logo: It is made up of a design, symbol or graphic image that identifies the brand, it may include abstract elements, stylized images or illustrations, for example: the Nike logo, known as “the Swoosh”.
- Mixed brand: It combines nominative and figurative elements in a single mark. It can be a word with a special design or a logo accompanied by a name. Example: the Apple logo with the word “Apple” written below it.
- Three-dimensional mark: It represents the shape or three-dimensional appearance of a product. This type of mark is mainly used on products with distinctive shapes or particular visual characteristics. Example: the Coca-Cola bottle.
- Sound mark: It refers to a sequence of sounds or music that identifies the brand, it can be a short melody, a jingle or any other type of distinctive sound associated with the brand. Example: the Windows startup sound.
- Color mark: It consists of the exclusive use of one or more particular colors to identify the brand. These colors can be part of the logo or other visual elements of the brand. Example: the red color of Coca-Cola.
- Collective brand: Used by an association, group or collective of companies to identify products or services that meet certain standards or criteria established by the association. Example: “Denomination of Origin Tequila”, which identifies tequilas produced in specific regions of Mexico.
- Service mark: Identifies and distinguishes services rather than products. It works similarly to a product brand, but applies to intangible services rather than tangible goods. Example: McDonald's as a service brand for fast food restaurants.
These are some of the most common types of brands, but there are others that are more specialized and specific depending on the industry and the characteristics of each company or product.
How to register a trademark in Mexico?
Registering a trademark in Mexico involves following a process established by the Mexican Institute of Industrial Property (IMPI).
- Brand Availability Search: Before applying to register a trademark, it is important to perform a search in the IMPI database to ensure that the trademark you wish to register is not already in use or registered by another company in Mexico.
- Preparation of the application: Once the availability of the trademark is confirmed, the trademark registration application must be prepared. This application must include detailed information about the trademark, such as the name and address of the applicant, a description of the goods or services associated with the trademark, and a graphic representation of it.
- Submission of the application: The trademark registration application can be submitted electronically through the IMPI online system, or in person at the Institute's offices or in one of its regional delegations.
- Examination of the application: Once the application is submitted, the IMPI will carry out an examination to verify that it complies with the established legal and formal requirements and if the application is accepted, the trademark will be published in the Official Trademark Gazette.
- Opposition and resolution: After publication, there is a period of 60 business days during which third parties can file oppositions to the trademark registration. If no oppositions are filed, or if they are resolved in favor of the applicant, the IMPI will proceed with the issuance of the certificate of registration. Trade mark.
- Renewal: Once registered, the trademark is valid for 10 years, after which its registration can be renewed indefinitely for additional periods of 10 years.
It is important to note that the trademark registration process can be complex and require specialized legal advice to ensure success.
