BGA

Competitors and Competition Control

Ask us how to know what your competitors are doing and which are their trademarks, applications, or any other industrial property rights. Being updated about what is going on in the market will help you become more competitive.

Watching Service

After appliying or registering your trademark, it’s important to protect it from eventual conflicting trademarks filed by third parties.

By using our watching service we can keep you advised about the applications of new trademarks that might be in conflict with your interests.

This watching, performed globally, regionally or for any specific country detects the trademarks published which are identical or similar in relation to those covered by the contracted services.

In BGA we keep you informed of the possible protection actions to file against them. 

Trademark Search

Before registering a trademark we need to conduct a search to determine if the trademark considered is already registered in all and each of the countries in which you might be interested in expanding your protection to.

In BGA we have the most advanced resources to investigate the feasibility of a trademark registration in any given country, offering our clients highly reliable results to determine if a trademark is already registered anywhere in the world. 

International Registration of a Trademark

In BGA you will be provided with the expert consultancy from Industrial Property professionals for the establishing of the best strategy for the protection of your trademarks.

There are two ways to register your trademarks globally:

International Trademark

A global registration request for a trademark filed in the World Intellectual Property Organization (WIPO) at Geneva offers you the possibility to protect your trademark by selecting up to 81 countries with the same effects of an application filed in each one of the countries individually, simplifying the filing procedure and reducing the associated costs.

Foreign Trademark

Consist on filing independent application in the respective Trademark Offices of the countries selected. 

Registration of an European Trademark

With an application or registration of a Community Trademark you will have an indivisible and unitary protection, valid in the 27 Member States of the European Union, covering a market of more than 493 million consumers.

This type of registration is obtained through its registration in The Office of Harmonization for the Internal Market (OHIM) in Alicante.

Your Community Trademark will enjoy a protection in the whole European Union market and acts as a platform when planning a protection strategy in non-member countries. 

Spanish Trademark Registration

At a local level, we can provide protection to our sign by the registration of a trademark or under a trade name in the Spanish Patents and Trademarks Office (OEPM).

The trademark is the distinctive sign that identifies the products or services of a company in the market and differentiates them from their competitors.

The trade name is the sign or expression that identifies the business activity in the market and individualizes the company from others that develop identical or similar activities. The commercial name may coincide or not with the corporate name of an organization; it is possible to choose a fussy (?) expression, different from the corporate name.

Both categories can be protected in a DENOMINATIVE (a denomination in standard fonts), MIXED (written denomination under a fussy typography or accompanied by a graphic design), GRAPHIC (consisting only in a graphic design), TRIDIMENSIONAL (wrappers, packages, product forms) or AUDIBLE (a sound) way.

One premise when requesting a trademark is to determine the products or services with which it’s pretended to protect such sign and this is so when establishing, in a trademark request, which kind of products and/or services to protect among the actual 45 gathered from the International Lists.

The various products and/or services are grouped according to the International Trademarks List (Nice Classification) which they are classifies in 45 classes.

Before initiating the procedure of a Trademark / Name request is advisable to study, with the aim of obtaining a previous official report, if it is already registered any identical and/or similar denomination destines to the products and/or services under consideration, and that might prevent the awarding of our sign.

Once the Trademark / Name is filed, we can obtain its award in about 7/8 months, awarding an exclusive protection on our sign during 10 years, renewable indefinitely.

Both categories may be protected in several forms:  DENOMINATIVE (word mark in standard characters), MIXED (word mark written in special characters and/or combined with a graphic design), FIGURATIVE (consisting only in a graphic design), TRIDIMENSIONAL (wrappers, packages, shape of products) or AURAL (melodies or sounds).

A premise at the moment of filing a trademark is to determine the products or services that will be secured by the mark.  This will enable us to indicate in the trademark application the list of products and/or services to protect among the 45 classes of the International Classification.

The various products and/or services are grouped in 45 classes according to the International Classification (Nice Classification).

A preliminary clearance is advisable before initiating the filing procedure for a Trademark or Trade Name by conducting an official search.  The official report will determine whether a previous registration for an identical or similar mark for the same goods or services may be an obstacle to secure our registration.

Once a Trademark or Trade Name application is filed, it would mature into registration in 7 to 8 months approximately, securing an exclusive protection on our distinctive sign during 10 years renewable indefinitely for similar periods.

Trademark Registration

Your trademark is an valuable and irreplaceable asset which identifies you and individualizes you products or services from your competitors’ in the marketplace.

When registering your trademark you will have the exclusive license right over it and you can prevent others from using it without your previous consent for the products under protection.

The trademarks may include: words, numbers, letters, symbols, designs, images, colors, figures, wrappers, packages, 3D forms, sounds or any combination of them.

Before deciding which trademark will distinguish your products it is advisable to ensure that it has not already been registered by any third party.  To this purpose it is advisable to conduct a search in the several Trademark Offices at national or international level according to the scope of protection selected:

Procedure Outline
International Trademark Registration

Procedure Outline – Registration of a Community Trademark

Nice Classification

Class 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 8
Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12
Vehicles; apparatus for locomotion by land, air or water.

Class 13
Firearms; ammunition and projectiles; explosives; fireworks.

Class 14
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Class 15
Musical instruments.

Class 16
Paper,cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.

Class 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Class 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23
Yarns and threads, for textile use.

Class 24
Textiles and textile goods, not included in other classes; bed and table covers.

Class 25
Clothing, footwear, headgear.

Class 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Class 30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33
Alcoholic beverages (except beers).

Class 34
Tobacco; smokers’ articles; matches.

SERVICES

Class 35
Advertising; business management; business administration; office functions.

Class 36
Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37
Building construction; repair; installation services.

Class 38
Telecommunications.

Class 39
Transport; packaging and storage of goods; travel arrangement.

Class 40
Treatment of materials.

Class 41
Education; providing of training; entertainment; sporting and cultural activities.

Class 42
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

Class 43
Services for providing food and drink; temporary accommodation.

Class 44
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

Member States of the Madrid System for the International Registration of Trademarks

Member States of the European Union