Trademarks and Marketing

Apr 23, 2021 | English Blog

Any company that offers a service or a product needs the protection of its intellectual property, by doing so it can avoid situations that can generate economic losses for the company and even the loss of the brand under which the products or services are marketed.

For the creation of a product a series of specialists in the field of the product intervene. Once the product is created, other specialists are in charge of creating the brand, this stage is very important because once the brand is defined, the product can begin to be marketed, which is the main objective. However, this branding process cannot be taken lightly, because although a brand is sought that captures the entire essence of the product, it must also be able to distinguish the product from others of the same species. That is why this process is the most important of all.

The specialist in the creation of a brand has the success of the product in his hands, because the product can be very good but without an efficient commercialization, it will not last in the market. Generally, these specialists like to create more suggestive brands that evoke the consumer an idea of the product they are acquiring, they are easy to remember brands. However, when it comes to protecting the trademark, the Office of Trademark Registration may deny a request for a very evocative trademark, which does not mean that evocative trademarks cannot be registered, but if they do not have enough distinctive aptitude and are definitely confused with the product, the trademark will not be protected.

This is where there should be a close relationship between brand creators and intellectual property specialists; the creator of the brand will find in the specialist in intellectual property the advice and support to create a brand that is distinctive, memorable and in turn registrable. In the brand there must be a perfect harmony, so that it is capable of transmitting to the consumer the benefits and characteristics of the product and that it is also registrable. It is an arduous task to find harmony in a trademark, because it may turn out to be a trademark that is registrable but not effective in the market or effective in the market but it is not registrable; as it is not registrable, anyone could use the brand and take advantage of the investment of the company that created it, resulting in considerable economic losses.

The relation/connection that must exist between the brands and their commercialization is the key to the success of a product in the market, because the combination of the different opinions of the marketing specialists and the lawyer bring brands that are more successful so that the products are long-lasting in the market.