Intellectual Property
Protection of brands and intellectual creations
This service will help you legally protect your brand in the countries where your business operates commercially, ensure the exclusive use of your name and image, prevent lawsuits related to trademarks, patents, or copyrights, and create legal documents that regulate the use of your intellectual creations.
Intellectual Property is a branch of law that allows you to protect everything created by your intellect, such as scientific inventions, literary works, and artistic works. In the case of marketing, this legal area allows us to protect symbols, names, and images. In other words, it allows you to protect your brand and/or any invention created by you that you want to market or commercialize (paintings, books, music, scientific discoveries, objects, among others).
Having specialized lawyers in Intellectual Property will allow you to:
Conduct searches (name, logo, imagotype, and isotype) to determine if a trademark is available for use in the corresponding country.
Register trademarks in different parts of the world for exclusive use in the market of your interest.
Prevent other individuals and/or companies from using your trademark without your authorization and profiting from it.
Create documents regulating the use of your intellectual creations (who can use it, when, where, and for how long).
Receive advice on marketing campaign launches to avoid malpractice in the use of third-party works.
Register songs, books, paintings, artworks, designs, illustrations, and scientific inventions, among others, as well as patents.
Negotiate the rights to use an intellectual work for a marketing campaign and/or publication on social media.
Receive advice on any issue related to intangible assets (trademarks, patents, and copyrights).
Issue warnings and lawsuits anywhere in the world in case of violation of your Intellectual Property rights.
License and monetize your work correctly in order to obtain the greatest benefit from your intellectual creation.
Roadmap
The execution of our services depends on the status of each brand and its particular characteristics; however, all brands usually go through similar processes.
Business analysis to determine the international classes in which availability searches will be conducted.
Report delivery with competitive analysis, registration possibilities, and recommendations from the legal team.
Start of the registration process, formal application to the trademarks and patents office of the corresponding country.
Registration approval, publication in official media, and receipt of official registration.
Name and imagotype analysis before the trademarks and patents office to determine availability of use.
Brand-related advice in case there are possibilities of receiving oppositions at the time of registration.
Response to requests, opposition response, and delivery of additional requirements to the trademarks and patents office if necessary.
Brand monitoring to ensure correct use by third parties during the protection period according to each country.
Frequently Asked Questions
No. Registering a trademark is done before the trademarks and patents office of the country where you will use it, while registering a company is done before a notary or a designated entity for that purpose. For example, Mercadearte LLC (business name) is not the same as Mercadearte® (registered name). If you haven’t registered your trademark, anyone can use it.
No. The trademark will only be protected in the country where you decide to register it. However, there are options to register in different regions. For example, you can make a single application to register your trademark throughout the European Union.
No. Someone may not be visibly using the trademark, but they may have registered and be using it commercially. The correct approach is to conduct a specialized search before the trademarks and patents office to validate its availability.
No. Only what you materialize can be registered and patented. For example, if you have the idea of creating a product but someone else designs the blueprint, the work belongs to whoever designed and created the blueprint, as it is the first proof of existence.
It is not recommended. Each lawyer specializes in a specific area, it would be like asking a gynecologist to perform heart surgery, we already know what the possible result of that would be. It is advisable to hire a lawyer specialized in Intellectual Property.
Intellectual Property
Success Stories
Learn about our results working with Clarke Modet, one of the largest Intellectual Property companies in the world, who awarded us the “Best practices in digital media” recognition for our performance in visibility, community development, and positioning strategy.
WHAT OUR CUSTOMERS SAY ABOUT US
Feedback on our Intellectual Property Services
The graphic brand design at Mercadearte is impeccable. Before starting they analyzed all the commercial aspects of my brands, made sure they knew them in depth and developed a highly effective image for my market. Working with them is a no brainer, very easy and rewarding.”
Gerardo de la Fuente
CEO
Greal y Ceramikos
Mercadearte is a comprehensive and very effective agency. Their team designed my company’s logo and took care of the trademark registration in the United States. At all times I had first class legal professionals and strategic advice. They are a company with high quality service”.
Giovan Figueroa
CEO
Boomequipment
CONTACT
Contact Us
If you’re interested in our Intellectual Property services, please leave us your details, and a member of our team will contact you as soon as possible.
You can also reach us at hola@mercadearteagency.com or call us at +525511472285.