Trademark Registration Requirements

Trademark registration is an important process for any company or entrepreneur who wishes to protect their identity in the marketplace. In order for a sign to be registered as a trademark, it must meet several key requirements:

Clarity and accuracy of presentation: The sign must clearly and accurately represent the subject matter of protection so as not to cause confusion among consumers. This means that the mark must be easily recognizable and associated with the specific goods or services for which it is intended.

Distinctive character: One of the main criteria for registering a trademark is its distinctive character. It must be unique and clearly distinguishable from other existing marks. This is important to avoid confusion among consumers and to establish the brand as recognizable and memorable.

Absence of misleading elements: A trademark must not contain elements that may mislead consumers as to the nature, quality or origin of the goods or services. A trademark must not mislead potential customers.

Not to literally describe the characteristics of the goods/services for which it is intended: This requirement aims to provide the brand with uniqueness and distinguish it from the generic terms that all market participants may use.

Lack of previous requests or popularity: The trademark must not have already been applied for by another entity, nor be widely used in oral or written communication in the territory where protection is sought. This means that the trademark must be new and original in the context of the relevant market.

Compliance with public order and good morals: The trademark must not be contrary to public order or morality. This includes avoiding offensive, obscene or otherwise unacceptable symbols and words that may violate the ethical or legal standards of society.

To be successfully registered, a trademark must meet all of these requirements. Meeting these criteria not only ensures successful registration, but also helps build a strong and recognizable identity in the marketplace.

Check whether the trademark you have identified meets the requirements. Contact the IPfabrika team, which can assist you with comprehensive solutions for trademark registration, monitoring, protection and management.

*Image: Andrey Popov, Getty Images