Brand
M
any understand that having a brand is simply creating a logo. We see Coca-Cola, Café Santo Domingo, La Sirena, and think it’s as simple as having a nice design to put on our packaging; I include myself because at some point I thought that too. However, a brand goes much further than a combination of words and colors that catch the eye.
Lately, entrepreneurship has become a trend; so much so that it seems like today, everyone wants to create something of their own, to have an income that depends solely on us and not on our employers. It’s as if we all want to have our own brand. However, few of us know what steps to take to turn our idea into reality.
What is a brand?
A brand is “any sign or combination of signs capable of graphic representation capable of distinguishing the products or services of a company, from the products and services of other companies” (art. 70.a Law 20-00). There are many types of brands, but the most used in the Dominican Republic are the denominative, mixed, and figurative ones. The denominative brand is nothing more than the name, without colors, without design, without anything; the mixed brand is composed of letters, figures, and colors, it is what we know as the logo with the company name; and finally, there are the figurative brands, which are nothing more than geometric figures with colors, they differ from the mixed ones because they do not have letters or words.
Contrary to popular belief, just by using the brand first, you are not the owner of it; since the exclusive use of a brand is acquired through its registration (art. 71.1, Law 20-00). Therefore, it is important to proceed with the formalities of the Law before launching your brand, as this is the only thing that guarantees its exclusivity.
Should I register my logo from the beginning or not?
Registering or not registering your logo is also something you should consider. Brands (regardless of type) are registered for renewable periods of 10 years. Therefore, if you are already totally sure of your name, but the logo can change, it is most advisable to proceed with the registration of a denominative brand, so you already protect the words that identify your products and services. While if you understand that your logo is definitive, it is preferable to register your brand as mixed, so you get total exclusivity over that graphic representation.
To claim our rights, it is necessary to fulfill our duties, but we understand that it doesn’t always seem like the best option in economic terms. Therefore, at INNVENTIVA Legal Space, we have created plans aimed at entrepreneurs, with competitive prices to make your dream a reality. Email us at info@innventivalegal.com to receive more information.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
