Brand, trade name or commercial advertisement?

INTRODUCTION:

Are you about to launch your business and don't know if you should register a trademark, a trade name or a commercial advertisement? Although many businessmen tend to think that they are the same thing, the truth is that each figure has a different legal function. Confusing them can lead to errors that compromise the identity of your company and limit its legal protection.

In this article, we explain what each figure is, what it is for and when it should be registered to adequately protect your business from the start.

‍

1. BRAND

A brand is any sign perceptible by the senses — whether visible, sound, olfactory or three-dimensional — that serves to distinguish products or services of a company from those of others in the market.

What is it for?
Its main function is to enable consumers to identify the business origin of a product or service and differentiate it from the competition. By registering it, exclusive rights of use are acquired, making it possible to legally prevent third parties from using the same or a similar one without authorization.

Example:
The brand “Starbucks”, together with its green mermaid logo, is registered in Mexico to distinguish, among others, cafeteria, food and beverage services (Class 43). Both the name and the design are protected as a trademark, which prevents other people from using the same or similar signs in the same business circles.

When should I register?
At any time, although it is recommended to do so before starting public use, to ensure exclusivity from the start. The registration is processed before the Mexican Institute of Industrial Property (IMPI) and provides protection throughout the national territory.

‍

2. BUSINESS NAME

The commercial name is the name with which a company makes itself known publicly as an economic unit, regardless of the products or services it offers. Unlike the brand, it identifies the establishment or business, not its products or services.

Example:
Let's imagine a grocery store that operates under the visible name of “La Esquina Groceries”. This is the commercial name with which the community identifies the establishment, regardless of the brands of products sold inside (such as Coca-Cola®, Gamesa®, Bimbo®, etc.).

What is it for?
It has an organizational function: it allows the public to locate and identify the name of the business or company. It does not protect the products or services, but rather the identity of the establishment.

When should I register?
Although the use of the commercial name generates rights in the area where it is effectively used, its registration is not mandatory. However, it is recommended to register it as a trademark if you want to obtain protection at the national level and avoid conflicts with third parties who intend to use similar names.

‍

3. COMMERCIAL NOTICE

A commercial advertisement is the advertising phrase or slogan used to promote a product, service or business. Its purpose is to capture consumer attention and reinforce brand awareness through a brief and persuasive message.

What is it for?
In addition to being a communication element, it legally protects the exclusive use of a Slogans, avoiding imitations or misappropriations that could confuse the public or dilute the advertising identity.

Known examples:

• “Just Do It” — Nike®
• “Because you are worth it” — L'Oréal Paris®
• “Uncover happiness” — Coca-Cola®

When should I register?
Unlike the commercial name, the commercial notice does require registration to have legal effects. It is advisable to do so before launching them in campaigns, to ensure exclusive ownership from their first public use.

‍

CONCLUSION:

Do you already know which one you need to register?

In Rodriguez, Manzano & Garcia we accompany you from the start to make the best decision and avoid mistakes that could cost you the name of your business or control over your business identity.

Contact us and protect your investment today.