FAQs Safe Creative - Why can't I register trademarks or trade names?

Why can't I register trademarks or trade names?

We have been asked by several users if a trademark or trade name can be registered at Safe Creative. The short answer is no.

Trademarks are not artistic, literary or scientific creations (works protected by copyright), but words, symbols, devices or names used for commercial purposes.

To obtain a trademark or a trade name, an administrative procedure must be followed through an official body and the corresponding fee must be paid, similar to what must be done to register a patent, and it is granted for a limited period of time.
For intellectual property, copyright is born from the moment of creation and its registration is declaratory.
In the registration of trademarks and patents, the rights are born with the registration, previous comparison with similar and prior ones, and are subject to temporal and territorial limitations.

However, it is true that the trademark and copyright systems are compatible, and it is possible to protect, for example, a logo under intellectual property (such as an image or drawing). In these cases, the registration in Safe Creative can be useful in case of plagiarism by third parties, but users should be aware of the limited effectiveness of such registration as opposed to its registration as a trademark in the corresponding Patent and Trademark Office.



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