Can any sign be registered as a trademark?

Registering a trademark is an essential step to protect your company's commercial identity. However, not every sign can be legally registered as a trademark or trade name. The law establishes technical criteria and clear limitations that are advisable to know before starting the process.

In this article, we explain what can be considered a trademark, what is prohibited to register, and what requirements must be met.

What requirements must a sign meet to be registered as a trademark?

For a sign to be registered as a trademark or trade name, it must be:

• Clear and precise

• Self-sufficient

• Easily accessible

• Intelligible

• Durable

• Objective

Additionally, it must have distinctive capacity and not be included in any of the legal prohibitions.

Which signs are prohibited as trademarks

The regulations distinguish between absolute prohibitions and relative prohibitions.

Absolute prohibitions

They refer to signs that cannot be registered under any circumstances, regardless of whether there are previous trademarks or not. Some examples:

• Signs without distinctive capacity (generic, descriptive, or commonly used words)

• Terms that designate the species, quality, quantity, destination, value, geographical origin, or time of production of the product or service

• Forms imposed by the nature of the product or necessary for its technical function

• Marks that may mislead the consumer (for example, regarding the origin or quality of the product)

• Signs contrary to the law, public order, or good customs

• Names protected by designations of origin, geographical indications, or traditional specialties

• Reproductions of flags, coats of arms, or official emblems without authorization

• Protected plant variety denominations

Relative prohibitions

Apply when the new sign conflicts with previously registered rights. A sign cannot be registered as a trademark if it:

• Is identical to an earlier trademark or trade name covering identical products, services, or activities

• Is similar or confusingly similar to an earlier trademark, if there is a risk of association or confusion by the public

What types of signs can be registered?

As long as they meet the legal requirements, the following can be registered as trademarks:

• Words, names, or letters

• Logos, images, three-dimensional shapes

• Colors or color combinations

• Sounds

• Holograms

• Multimedia elements

• Olfactory signs (although their practical representation still has limitations)

Registering a trademark goes beyond choosing a good name or logo. It is a process that requires knowledge of the legislation, analyzing possible prior conflicts, and ensuring that the sign meets all legal and technical criteria.