Once you have chosen a brand for your product, and you have big plans for it, it is important that you register it in order for you to be the owner and the only one authorized to use it.
Registering a trademark is not a requirement to be able to use it; But it is necessary if you want to give it legal protection, and thus prevent other companies or people from using the same or a similar brand, or copying it in order to take advantage of its reputation.
Here are the steps necessary to register a trademark:
Please note that registering a trademark is not the same as registering a name or business name. A trademark is registered in the trademark office; while a name or business name is registered at the public records office when establishing a company .
Keep in mind that the steps that we are going to present you below may vary depending on the country where you are going to register your brand, so you should only take them as a reference.
1. Search for brand history
The first thing to do to register your brand is to do a brand background search; that is, do a search for the same or similar brands to the one you want to register in order to ensure that there is no one that is already registered.
You can do this trademark search at the trademark office (the name of this office may vary depending on the country where you are going to register your trademark, for example, it may be called a trademark and patent office, or a distinctive signs office ) or, in some cases, on its website.
In case your brand was not only made up of a name, but also a logo , you should do two searches, one of phonetic background for the first case, and one of figurative background for the second.
Also, you should bear in mind that this search is not final for the registration of a trademark, since once you submit your application for registration at the trademark office, it will carry out a more rigorous examination.
In case you are going to register your trademark in Peru, to do a trademark search in the trademark office ( Indecopi ), you can enter this link .
2. Fill out trademark registration application
Once you have made sure that there is no brand the same or similar to the one you want to register, you must fill out a trademark registration application, which you can obtain at the trademark office or, in some cases, download on the website Of the same.
In this request, among other things, you must specify your personal data and those of your company, the name of your brand, its type, the products or services that it will identify or distinguish, and the class to which they will belong.
3. Make payment for trademark registration
Once you have completed your trademark registration application, you must make the corresponding payment to register your trademark.
You can make this payment to register your trademark at the trademark office, in the banks authorized by it or, in some cases, on its website; and it will depend on the country where you are going to register your brand.
In case you are going to register your trademark in Peru, the amount to be paid at the date of updating this article is S /. 535.
4. Submit trademark application
Once you have made the payment to register your brand, you must go to the trademark office and submit your trademark registration application, the image of your logo if you have one, and your proof of payment.
Once your application is received, the trademark office will proceed to carry out a first requirements verification examination , where they will effectively verify that your application meets the corresponding requirements. This exam could last up to 15 days.
In the event that your request does not meet the requirements, you will be notified so that you can make the necessary corrections; And in case your application is approved, the trademark office will ask you to publish your trademark in the country’s official newspaper, or it will be officially published on its website.
The idea of this publication is to allow another company or person to file opposition to the trademark registration. The deadline for someone to file this opposition is 30 days.
Once the 30-day period has expired and, in case no opposition has been filed, the trademark office will proceed to perform the registrability examination , and grant or deny the registration of the trademark.
In the event that you are granted registration of your brand, it will be valid for 10 years counting from the date of its grant, and may be renewed for successive periods of ten years indefinitely.
Likewise, the registration of your brand will only be valid in the country where you have registered it, so if you want your brand to be protected in other countries, you will also have to register it in the trademark office of each of these.