Oficina española de Patentes y Marcas

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Recommendations to company owners to protect their distinctive signs and means of identification in economic activities.

1. You should do official searches in the SPTO, the Central Mercantile Register and Red.es and any other internet domain name registering body in order to ascertain whether your chosen name or distinctive signs have previously been registered by another business owner in one or several of these registers.

2. You should be aware that, before initiating any commercial activity with the chosen signs, it is advisable to make a reservation or register the sign(s) with the correct registry or registries to prevent a third party registering ahead of you.

3. You should be aware that if you choose not to register the name or distinctive signs with one of the above registries, it is possible that a third party may register that same name with the subsequent damages or that by using it you may be infringing the registered rights of a third party.

4. Registering a trademark or trade name is not compulsory, but the exclusive rights to them are awarded through a valid registration process (Art. 2.1. the Trademark Act).

5. You can carry out commercial activities without being registered as a company (except for cases specifically regulated by the law).

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