What is a trademark in México?
It is a badge that allows to identify and differentiate a service or product from others in the same classification. It can be representative of:
A type of packaging (bottle, box), A logo like the Lacoste brand, A word like Disney Brand, A slogan “ideas for life -Panasonic, A combination of any of these as the crown mark containing a logo and a word.
Three-dimensional trademarks
Three-dimensional brands are related to the structure of the product, its packaging, container or wrapping, considering that these elements have a specific character and differentiate the product from other products in the sector. This means that three-dimensional brands are related to three-dimensional objects, such as bottles, boxes, containers, etc.
Unnamed trademarks
Unnamed marks represent designs and images or logos of trademarks that stand out visually. They are not recognized phonetically, as they have a unique visual impact.
Named trademarks
Brand names are those that identify products or services by means of a name or a set of words. These marks must be distinguished from the point This means that there must be no similarity between them and any other product or service of the same type.
Commercial advertisements or slogans
The registration of advertisements or commercial slogans is added to the brands mentioned. Slogans are short, easy-to-remember expressions that are ideal for advertising or differentiating a product with the same activity.
Mixed trademarks
As a result, mixed trademarks are derived from a merger of the types of trademarks mentioned. Whether three-dimensional or not, these marks can consist of a mixture of words with the design of a logo.
Trademark Symbol
The R enclosed in a circle can only be used once it has a federal record. This means that you have requested and received a trademark registration from the government of Mexico or the USA. UU
The three symbols are the circle R (®), and the small capital letters TM (™) and capital letters SM (℠). You can not use the R in a circle before receiving the record in faborable request. If you apply for the mark and then start using the blank line, which may be grounds for the government to re-apply the mark, because the use of that line is actually a violation of federal law unless it has the trademark .
What does TM or SM mean?
The other symbols they can use are small capital letters TM or SM. These are the symbols you must use, either before a trademark application or during the request application. TM means registered trademark. A trademark is a brand that represents products, such as clothing or sunglasses SM stands for service mark. The service brands and brands that represent services. So, for example, I’m Gerben Law Firm. I offer legal services. It is a service mark.
In our culture, we use the word commercial brands to really refer to commercial brands and service brands. The word service marks is not used very often. It’s just a technical thing. But if you are offering a service, the technical thing you should do is the little SM after your name.
Once again, the most important thing that can be taken out of this video is not to use a circle to upload to a federal trademark record. It is then when you receive the registration certificate by mail. If you use that circled R too early, that may also be a reason for your response to be rejected by the government of Mexico or the US. UU.