A recent study by the World Intellectual Property Organization has revealed that 3.6% more trademarks were registered in 2021 than in 2020. Taking into account the benefits of registering a trademark For a company, a similar increase is expected to occur during 2022.
However, many trademark registration applications may fail due to the potential confusion they may cause for consumers. In other words, when protecting the intangible assets of a trademark, it is important to consider the regulations and requirements established for registration to be viable. In this regard, it is important to highlight Article 6 of Law 17/2001, of December 7, on Trademarks, which establishes in its first section, letter b), that "Signs that, because they are identical or similar to a previous trademark and because the products or services they designate are identical or similar, create a risk of confusion and/or association in the public with the previous trademark may not be registered as trademarks.r”. Therefore, dismembering what is established in this precept and, in accordance with jurisprudence, it can be stated that the requirements for trademark confusion to exist are the following:
- Identity or similar denominative, graphic, phonetic or conceptualThat is, even if the trademark is not graphically identical or has similar characteristics, if it can be confusing phonetically, registration may be denied.
- Identical purpose in the products or services covered by the brandIn this case, it's important to know that if the brand identity exists, but the products offered are different, the brand can be registered.
For all these reasons, when protecting an asset as valuable as your trademark, it is essential to assess the characteristics and similarities that may exist and give rise to a certain risk of confusion. This will avoid procedures that could be detrimental to the company and ensure the proper registration of the trademark, thus giving rise to an exclusive right of use in economic transactions and, of course, the right to oppose and prevent its use by third parties.
Marta Villar Pérez