We are confident that the registration of a trademark is fundamental for its protection, however, without vigilance, advice and an ex-post strategy, there will not be a strong protection of the distinctive sign.
As it is well known, a trademark must have essential functions to have a positive impact on the final consumer, for which it is necessary to consider the function indicating the business origin, a function that grants the trademark holder the exclusivity of being able to assign the distinctive sign in question to the products and services it intends to protect.
In the same line, we have the function indicating quality, which refers to the guarantee that the products or services bearing the trademark, certifying that the products or services come from the same company.
On the other hand, the GOODWILL function, or REPUTATION, must be considered, essentially linked to brands that have high prestige, which is the result of how it was made accessible to the public and the channels that were used to reach such reputation.
Finally, we are faced with the ADVERTISING function, which has an important impact when defining a market study; advertising is not currently understood without a brand or sign that indicates the product or service to be advertised.
At SORVILL, we focus on protecting the intangible assets of our clients, providing them with an effective trademark protection strategy; in this way, to have a strategic presence in the market, it is important to carry out a search for prior art or viability of the trademark before filing an application, and thus be successful in obtaining the registration.
After establishing the importance and viability of the trademark, at SORVILL we know that once the intangible asset is registered, it is of utmost importance to constantly monitor it. Therefore, the so-called Watch Service is a service that allows us to take care of the sign throughout its validity. We believe that once the trademark has been applied for, it may suffer potential risks that may result in future damage to the sign. The threats that are presented tend to achieve a risk of confusion and/or association, either in the denomination, phonetic or visual aspect of the trademark, which leads to a need for vigilance.