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Brands: Creating the Name

By: Jaime Israel Davila Gomez, Attorney

One of the most interesting moments of entrepreneurship is the creation or choice of a name. For this, marketing is always taken into account, however, the law should also come into play to ensure that the name can be registered as a trademark at some point.

What should be taken into account? Please note that generic or descriptive words cannot be registered as a trademark and that previously registered trademarks may be an obstacle. Generic words are used to designate the product or service in question, therefore, we cannot register “office” for legal services or “bicycle” to sell bicycles. Descriptive words are those that indicate direct characteristics of the product or service in question; In this case, we can give the example of the word “creamy” for cream or “advertising services” for an advertising agency (to indicate the type of service).

The businessman is working on brand ideas at the desk

In relation to trademarks, we have to make a phonetic search before choosing a name for our project (both on the IMPI page and in search engines like Google and on social networks like Facebook) to find out if the name is already registered and for what products and/or services and if it’s in the registration process.

It should be noted that if we find any same or identical brand in our search, it is not a reason not to obtain our registration since it must be checked if what was found is for a similar or related products or services (if it is not, there is not so much problem) and one must consider other issues such as the country where the brand is used, as the rights of this type are for each country.

Lastly, the indicated impediments are not the only ones, however, they are the most common that affect an entrepreneur to a greater extent in order to achieve adequate protection.

DAVILA Y ASOCIADOS. Av. José Ma. Larroque 1325, Nueva, 21100 Mexicali, B.C., México  +52 686 555 7014

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