Differences between trademark registration and company registration

Did you know that there are differences between trademark registration and company registration? It would seem that both terms work as synonyms for the same action, but the reality is different.

Incorporating a company and registering a trademark are different actions that generate, in turn, a series of different benefits for carrying out a commercial activity in Colombia.

With this in mind, in this blog we want to tell you about the differences between trademark registration and company registration and how they can help you if you want to start a business.

What is trademark registration?

A trademark comprises the set of words, sounds, smells, shapes and, in general, any sign or symbol that makes it possible to identify a product or service offered by a company.

Trademark registration, then, refers to the protection of such identity in order to obtain and protect the rights of use and reproduction in an exclusive manner.

This, in the field of commerce, guarantees that no one can use your trademark for lucrative purposes, thus generating a protection for your patrimony.

In the eyes of your public, having your trademark guarantees them: empathy, recognition, trust and quality.

If you want to know how to register a trademark in Colombia, we invite you to read our article here .

What is company registration?

Called the commercial registry, it allows the registration of merchants and their establishments, thus certifying that they can exercise and accredit their activity as merchants.

While obtaining a commercial registration makes you responsible for certain tax rights and duties before the state, it also offers you a series of credit opportunities and growth opportunities.

This means that, as a legally constituted company, it has many more opportunities for growth in the medium and long term, and even to expand to other regions.

If you want to know how to register a company as a Simplified Joint Stock Company in Colombia, we invite you to read our article, we invite you to read our article here .

Differences between trademark registration and company registration

Now that we have defined both terms, we will show you the differences between these two activities:

• As mentioned above, the registration of a trademark seeks to protect and give exclusivity of use of a product or service, while the registration of a company seeks to identify entrepreneurs and their business establishments.
• The company registration is mandatory, that is, it must be done if you want to be legally constituted, while the trademark registration is optional, that is, although it is not mandatory, having it gives an added value to your product or service.
• The company registration must be processed before the chamber of commerce of the domicile where the merchant is located, while the trademark registration must be processed before the Superintendence of Industry and Commerce.
• You can only have one commercial registration, but you can have several trademark registrations, depending on the businessman’s need to identify his products or services.

In conclusion

They may seem to be synonyms, but both trademark registration and company registration are actions that protect different needs.

The company registration seeks to accredit merchants and their establishments as legitimate businesses before the state, and allow them to carry out their activities,

While the trademark registration seeks to protect and give exclusivity of use to the identity of the products and services offered by the business as such.

It is always recommended to have both registrations when undertaking a legal venture in Colombia.

And, if you need advice on trademark registration and company registration, we can help you.

At Servicio Legal, we are able to be your representatives and help you to incorporate your company and register the trademarks you want.

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Get in touch with us and schedule your appointment today!