Currently, commercial and industrial companies nationwide compete on a daily basis, not only to supply the market with quality products or services, since today there are other factors that allow an organization to position itself in the mind of the consumer, said in other words, "the brand."
In addition to the fact that creating a brand implies, at an accounting level, one more asset of the company, processes must be followed to ensure that the image (logo) is used by the company and that it does not allow it to be plagiarized or awarded to another company of the same level.
What is a patent? What is a brand? What benefits does it provide to the company?
These concepts are explored a little further below.
Patent: it is an exclusive right granted to an invention, which is the product or process that offers a new way of doing something, or a new technical solution to a problem.
In other words, it is the protection for invention to the patent owner, that is, it provides a limited time of 20 years to protect that invention under his name, having clauses if used, the industrial property law must be applied.
Patents offer recognition for your creativity and material reward for commercial invention that is a form of incentive for the person or organization that creates them.
It is important to consider that the only creditor to be patented will be the human creation that allows transforming the matter or energy that exists in nature, for its use by man and satisfying his specific needs, except:
- The essentially biological processes for the production, reproduction and propagation of plants and animals; The biological and genetic material as they are found in nature; The animal races; The human body and the living parts that compose it, and The plant varieties.
On the other hand, we have another concept:
Brand: it is understood as any visible sign that distinguishes the products or services from others of the same kind or class in the market. The brands also provide other functions such as:
- indicate the business origin of the product serve as an advertising element inform about the product synthesize the prestige or good work of the manufacturer
In addition to this, you can find type marks:
- Visible names and figures, sufficiently distinctive, capable of identifying the products or services to which they are applied or are trying to be applied, compared to those of the same kind or class; Three-dimensional shapes; Trade names and names or company names, provided that are not included in the following article, and The proper name of a natural person, provided it is not confused with a registered trademark or a published trade name.
conclusion
Patents and trademarks are important patrimonial values, in Mexico they are legislated in the Industrial Property Law.
Both are important, since they are related to each other, that is, when a person makes an invention, as it must comply with a certain functionality, then, he must patent it, however in order to distribute it, he can rent the same patent that to distinguish in the market, it will necessarily have to create a brand, which means that it not only acquires a benefit of brand identity in the collective image, but also makes it possible to obtain a profit from the income of the same, then, if an SME sees the opportunity that at a certain time of being in the market, patenting your brand in the not too distant future could even offer franchises.
Finally, the financial impact that patents and trademarks have lies in the opportunity that a company provides to obtain an image in its products and its company, which is reflected in consumer demand and that allows the finances of the microeconomics to be successful.
