Frequently asked questions about copyright, trademark protection, copyright and similar that we receive in our Barcelona office. Do you search answers for any other questions? Do not hesitate to contact our team of professionals.
Why should I register my trademark?
By registering your brand you acquire exclusivity over it and the related activity, being able to prohibit identical or similar uses to third parties, so that you do not lose potential customers or confuse their business origin.
Should I register the logo?
It is not necessary, nor obligatory, but it is always advisable to register the image you are projecting in the market.
My company name matches my trademark, do I need to register it as a trademark?
Yes, it is highly recommended that you do so; The advertising field is not the same as the commercial field. The commercial registry allows a specific name to establish a company and invoice, but it will not serve as legal protection in economic traffic
How do I know if a trademark is already registered?
We always offer to make a previous search to know what obstacles we can find in the registration process. This way you will be in time to redirect our business to another term.
How long does the SPTO and EUIPO registration procedure last?
Approximately, and if there is no objection from third parties, in the SPTO the approximate time is 7 months, while in the EUIPO it is 9 months.
Should I hire a monitoring service for my brand?
You should do so because trademark registration offices do not act ex officio, so that, if there is no opposition from third parties, the new trademark will be granted and yours will lose exclusivity and therefore value.
What is the duration of a trademark registration?
Trademarks can be renewed every 10 years; their renewal grants an additional 10 years of validity.
Can I register my trademark and not use it?
There is an obligation to use it, if you do not use it, it may be subject to nullity. Currently, once granted, you get a period of "grace" in which it is not obligatory to use it, after that time it will be subject to nullity.
Can I register it as a product and service?
If your company offers products under that name and at the same time a service (after sales, for example), then it is advisable to register it as both a product and a service.
Can the use of the trademark be transferred?
The trademark is an intangible, it can be sold, transferred, assigned for a time, and get a royalty for it.
Should I register my inventions?
Yes, you acquire exclusivity of use, a monopoly in the market that will only give you a competitive advantage.
What is a utility model?
These technical inventions usually have a lower inventive step than patents.
How long is a patent valid?
Patents are valid for 20 years, provided that the relevant annual payments are made.
How long is a utility model valid?
Utility models are valid for 10 years, as long as the relevant annual payments are made.
What is industrial design?
It is the aesthetic appearance of a product; with this figure we protect how any object is perceived by the consumer.
What is copyright?
That right inherent to the creator of a work, just for the fact of being it.
Is it mandatory to register copyright?
It is not mandatory, but we recommend recording it in the intellectual property registry
Can I use other systems such as blockchain to record my creation?
Increasingly, these novel systems are being used to prove authorship; at Sine Qua Non, we make use of them while continuing to deal with the intellectual property registry.
How can I protect my software?
Your app software may be protected by copyright.
Can I make a patent on my software?
If an invention involves the use of a computer, computer network or other programmable apparatus in which one or more of its functions are carried out in whole or in part by a computer program, it may be a patent.
What is copyright?
The term describes the rights of creators over their literary and artistic works. Works that lend themselves to copyright protection range from books, music, paintings, sculpture and films to computer programs, databases, advertisements, maps and technical drawings.
What rights does the author of a work have?
There are two: economic and moral rights. The former allow obtaining economic compensation for the exploitation, prohibiting and authorizing uses; and the latter protect the rights considered as non-proprietary, such as its claim and allowing or not allowing modifications on it.
Does the copyright have to be registered?
It is not necessary. It is obtained automatically, although it is preferable to go to the intellectual property offices to deposit your work, in this way we obtain proof of its existence on a specific date.
The first identifies a copyright, and the second a registered trademark. It is not obligatory to use it, at least in Spain, but it is advisable to use it, because it reinforces your corporate image, and can scare away someone interested in copying you.
How long does copyright protection last?
Its duration may vary according to national legislation. For states party to the Berne Convention, it is a minimum of 50 years after the death of the creator.
Can I license my work?
It is indeed possible to authorize its use to third parties, and it will always be convenient to establish a written agreement that stipulates it. From SINE QUA NON, we can advise you and draw up a written agreement according to your needs by negotiating with the other party.
Authorized representatives before official Spanish, European and international organizations