Trademark registration is the legal process to protect a distinctive sign—such as a name, logo, or trade name—that identifies products or services. This registration grants exclusive rights to its use, preventing third parties from using it without authorization and safeguarding the reputation of the brand. To be registered, a trademark must be unique and not conflict with existing ones.

In most countries, a trademark registration is valid for 10 years, renewable indefinitely every 10 years, as long as the requirements are met and the corresponding fees are paid. It is essential to keep the trademark active in the market and renew it on time to avoid losing legal protection.

Through Safe Creative, you can apply for trademark and trade name registration in multiple jurisdictions (Spain, Mexico, Peru, Argentina, Romania, China, the U.S., and the European Union, with more coming soon). This service is independent from copyright registration, since trademarks serve a commercial purpose.

You can register, for example, the name of your band, your artistic pseudonym, your social media channel name, or the names of products and services you offer (such as an app or a fashion line). Safe Creative provides support throughout the process, including personalized assistance and renewal reminders, ensuring your trademark remains protected over time and across multiple jurisdictions.

When registering a trademark, it is essential to select the appropriate type based on its intended use. There are three main types of trademarks, each offering a specific level of protection:

• Word Marks (Denominative Trademarks): These protect only words, names, or combinations of letters, without any graphic elements. They are ideal for brand names, channels, pseudonyms, or music bands. Example: "Artist Alex," the name you use on social media.
  
  
• Figurative or Graphic Marks: These protect a specific logo or design, regardless of the name that accompanies it. This is the best option when the visual element is key to the brand’s identity. Example: A microphone logo for a podcast or a distinctive symbol for a music band.
  
  

Mixed or figurative with wording: These combine a name and a logo in a single registration. They are recommended if your brand identity is based on both elements and you want to protect them together. Example: "Artist Alex" with a specific logo designed for a YouTube channel.

Go to the trademark registration page [here].

Step 1: Trademark and Countries

• Select the type of trademark you want to register: A specific brand name - A logo - An image that includes both the logo and the name
• Enter the denomination (name/brand).
• Select the countries where you want to apply for trademark registration and click Continue.

Step 2: Usage and Fees

• Indicate the products or services for which you will use this trademark. You have access to a virtual assistant that will guide you through the process.
• Choose the type of preliminary study you prefer (Basic or Comprehensive).
• Click Next.

Step 3: Applicant Information

• Fill in the trademark owner's details: If the owner is an individual, provide their full name, including surname(s). If it is a company or organization, enter the full official name.
• Click Next.

Step 4: Confirmation

• Verify that all the information is correct.
• Payment: You must provide the necessary funds for the payment of fees and the processing of the registration. If the preliminary registrability study, which you will receive in the coming days, determines that registration is not possible due to a conflict with identical or similar trademarks already registered, or because the name is not eligible for registration, the unused amount (fees) will be refunded, and the application will be canceled.
• Authorization: Sign the document to authorize a Safe Creative representative to handle the trademark registration process on your behalf at the Trademark and Patent Office.
• Once the registration process begins, you will receive email updates regarding its progress, any potential oppositions, or any issues that may arise. If necessary, we will manage these according to your instructions. You can also check the status of the process in your Safe Creative Trademarks area.

It is a preliminary analysis carried out by intellectual property specialists to determine whether a trademark (name, logo, slogan, etc.) can be legally accepted and registered with a trademark and patent office.

It helps reduce the risk of rejection. It identifies potential legal obstacles, absolute prohibitions (e.g., generic or offensive terms), or existing identical or similar trademarks that may conflict with yours.

At Safe Creative, we conduct a prior registrability study that analyzes the applicable restrictions in each country. This increases the chances of successfully registering your trademark and significantly reduces the likelihood of rejection.

What does the trademark registration service fee include?

The price includes a basic study, which covers:

• A search for identical or similar trademarks that could cause conflicts.

• Verification that the trademark does not violate basic prohibitions (e.g., generic, descriptive, misleading, or offensive terms).

If your case requires more detailed analysis, you can request a full registrability study (option number 2), which includes:

• Everything covered in the basic study.

• Personalized advice on the scope of protection.

• Review of the most suitable Nice classes according to your sector.

• Assistance with the detailed description of products and services for a stronger registration.

• Recommendations from the specialized legal agent, in applicable cases.

Trademark watch is a service designed to help you protect your registered trademark. It notifies you when someone attempts to register a mark that may be identical or similar to yours, either in the same country or in other territories. This allows you to take timely action if a potential conflict is detected.

Detecting an attempted registration in time—one that could cause confusion or harm your brand—allows you to file a legal opposition within the established deadline. This way, you can defend your brand identity and prevent others from unfairly benefiting from your reputation.

Follow these steps from your account to subscribe to the service:

1. Access the list of your registered trademarks.

2. Locate the trademark you want to monitor and click on the "+" symbol in the "Watch" column.

3. Select the territory where you want to activate the watch.

4. Indicate whether you want to monitor the name, the graphic element, or both (in that case, repeat the process for each).

5. You’ll see the price of the service. Click on Pay to activate the watch.

6.  

Once subscribed, you will receive notifications in the Alerts section if applications for trademarks with similar names or images are detected that may conflict with yours. With this information, you can decide whether it is necessary to file an opposition to protect your rights.

When your trademark combines text and a distinctive image, you have two main options for legal protection:

A)Register a mixed or figurative trademark with wording: This involves a single application that protects the combination of text and image exactly as they appear together.

B) Submit two separate registrations: One application for the text (wordmark) and another for the image or logo (figurative or graphic mark).

Which option is better?: In most cases, separate registrations are recommended. This strategy offers stronger advantages and more robust long-term protection for your brand.

1. Stronger legal protection: A mixed mark protects only the exact combination of text and image. If someone registers a similar name with a different design, their application could be accepted.

Example: If your mixed mark is "ZetaTech" with a specific design, another company could register "ZetaTek" with a different design. Since the combination is considered different, their application might be approved. However, if the text is registered separately, you’ll have a stronger legal basis to oppose similar marks.

2. Protection if you change your logo: Logos often evolve over time. If you’ve only registered a mixed mark and later change the design, your new visual identity may not be protected.  In some jurisdictions, not using the mark as originally registered could even lead to cancellation.

3. Greater flexibility in use: Registering the name and logo separately gives you more freedom to use your trademark in various formats without legal concerns.

Example: You could update your logo’s design without losing the protection already granted for the brand name.

Conclusion

To ensure maximum protection and flexibility for your brand identity, it’s best to register the text and image separately.
This strategy provides a stronger defense against potential infringements and allows your brand to evolve over time without legal risk.

When applying for trademark registration, you must consider the common restrictions imposed by trademark offices in most countries.

• The following cannot be registered as trademarks:
  
  Generic and descriptive names: Terms that generically describe a product or service or its characteristics cannot be registered. For example, the word "book" cannot be registered for a company that sells books.

• Common symbols and terms: Symbols, terms, or signs that are of common and public use cannot be exclusively appropriated by an entity. This includes common traffic signs, informational terms like "new," or symbols indicating something (such as an exclamation mark).

• Heraldic figures and symbols of public entities: Coats of arms, flags, and other official emblems of states, international organizations, and other public entities are not registrable without the appropriate authorization.

• Well-known geographic names: Names of well-known places that are associated with a particular type of goods or services cannot be monopolized by a trademark, as they may mislead regarding the geographical origin of the products or services.

• Deceptive signs: Any trademark that may confuse the public about the nature, quality, or geographical origin of a product or service is inadmissible for registration.

• Expressions and symbols contrary to morality or public order: Trademarks containing or constituting expressions contrary to public morality, offensive, or inappropriate symbols are prohibited in many countries.

• Identical or similar marks: Trademarks that are identical or very similar to others already registered or in the process of registration cannot be registered to avoid consumer confusion and to protect the rights of existing trademark holders.

At Safe Creative, we conduct a preliminary registrability study that analyzes the applicable restrictions in each country, significantly reducing the likelihood that your application will be rejected.

The Spanish Patent and Trademark Office (OEPM) and the European Union Intellectual Property Office (EUIPO) have warned about fraudulent emails and letters sent to trademark registration applicants. These messages include a supposed registration certificate and request payment of a fee via bank transfer.

Keep the following in mind:

• Safe Creative never sends this type of communication or requests additional payments outside the official process.
• Official fees are only paid at official registration offices through Safe Creative.
• Neither the OEPM nor the EUIPO sends the registration certificate via email.

If you receive a suspicious message, do not make any payments and verify the information with us or through official sources.