If you’ve launched a project, a company, a fashion brand, or a tech startup, you know that your brand is much more than just a name or a logo. It’s your story, your reputation, and your promise to the world. It’s that “something” that makes a customer choose you over the competition.
But, curiously, although we all invest time (and money) in designing a powerful identity, most forget something key: legally protecting it. And believe me, when you don’t, problems soon arise.
“My brand is already on social media; no one can copy me.”
We often encounter clients who believe that by using their brand on Instagram or having it on their website, they are already protected. Nothing could be further from the truth.
In Spain, and in Europe in general, trademark protection is achieved by registering it. If you don’t register it, you are legally a “squatter” in your own name. The moment someone registers that same trademark (or a similar one), you could find yourself in serious trouble and even be forced to stop using it, be fined, or have your web domain taken away.
⚠️ The most damaging mistakes (and those that are repeated)
✅ Not doing a pre-search: Before falling in love with a name, you have to check if it’s available. Many brands invest in packaging, social media, and events… only to receive a “cease and desist” letter forcing them to change everything.
✅ Registering only in Spain and falling short: If you plan to sell abroad, even just online, you should consider a European or international registration.
✅ Forgetting to renew: Yes, trademarks expire. Every 10 years, they must be renewed. If you miss the deadline, someone could take advantage and register it.
Imagine the impact: having to change your name when your customers already recognize you, losing the SEO you’ve worked on for years, and starting from scratch.
Branding as a tool for growth (not just protection)
When we work with our clients, we always emphasize: a registered trademark doesn’t just help avoid problems. It also opens up opportunities.
You can license it and generate passive income.
You can franchise your business.
You can attract investment by showing that you have your assets in order.
You increase the value of your company if you one day decide to sell it or look for a partner.
A well-protected trademark is like having a plot of land with a deed and an alarm, versus a shack on undocumented land. The difference is vast.
️ Real cases: more common than you think
The owner of a restaurant that had been operating in the market for over 15 years and enjoyed a good reputation and well-deserved recognition, but didn’t register his trademark. When he began to gain even more visibility, he received a legal notice from a company in the sector that had registered a similar trademark. The result: he had to negotiate terms with the other company, lose money, and live with a brand that, being later in the market, was registered earlier.
How do I start protecting my trademark?
1️⃣ Do a thorough preliminary search, not just on Google. Consult the OEPM and EUIPO databases.
2️⃣ Decide where to register: only in Spain? Europe? Will you sell online abroad? There are strategies for every case.
3️⃣ Choose your classes carefully: your trademark must cover all current and future products and services.
4️⃣ Monitor and renew: maintaining control is just as important as registering it.
The bottom line: Your brand isn’t an accessory, it’s your most valuable asset
Protecting your brand is much more than a formality. It’s an essential step to building a solid business, growing fearlessly, and truly differentiating yourself.
In the end, it all comes down to one thing: if you don’t protect your brand, you’re working for someone else.
Do you want to know if your brand is protected?
At Cardador & Marín, we help entrepreneurs, designers, startups, and creatives protect what they value most every day. We offer a free initial consultation to review your case and explain, without the fine print, the steps you need to take.
Book your appointment now and discover how protecting your brand can be the first step toward dominating your industry.
Real Case
The story Marta told me three weeks ago (and which could be yours tomorrow)
Marta had everything under control. Or so she thought.
Her handmade accessories brand had been growing for two years: 15,000 followers on Instagram, collaborations with influencers, sales in three cities. Everything was going perfectly until that certified letter arrived on a Tuesday morning.
A company in Barcelona had registered a virtually identical trademark six months earlier. The message was clear: “Immediate cessation of use of the trademark or legal action.”
Marta had to change everything: logo, labels, social media, invoices. Two years of work wasted. The most painful part: her customers couldn’t find her.
This story is repeated every week in Spain. And you’re probably thinking: “It won’t happen to me.”
That’s what Marta thought.
Why do most entrepreneurs make the same mistake?
The answer is simple: we confuse visibility with legal protection.
Having thousands of followers, being on Google, or appearing in magazines doesn’t legally protect you. In Spain, there’s only one way to protect your brand: official registration with the Spanish Patent and Trademark Office.
Without that paperwork, you’re vulnerable. Period.
The Mistakes That Destroy Promising Brands
“My brand is unique, no one is going to copy it.” There are more than 400,000 registered trademarks in Spain alone. Carlos had a craft brewery in Fuengirola that was doing great until an Asturian company with a similar registered trademark demanded he change the name. The result: €8,000 in rebranding and lost customers.
“I only sell online; I don’t need to register.” Ana developed stationery that went viral on TikTok. In six months, she sold 50,000 units. She didn’t register the trademark. A large retailer registered a similar name and banned her from selling anywhere in Spain. She had to close.
“I already have the web domain, that protects me.” Domains and trademarks are different worlds. You can lose your domain if someone proves they have a previously registered trademark.
The Difference Between Surviving and Dominating Your Market
Imagine two identical businesses. One has its trademark registered, the other doesn’t.
Without a trademark registration:
You live in fear of legal requirements
You can’t defend yourself against imitators
Investors are wary
Your sales value is practically zero
With a registered trademark:
You control your market and combat copycats
You generate income by licensing your brand
You attract serious financing
You can expand without fear
A registered trademark can be worth between 15% and 30% of a company’s total value.
A case that changes everything
Elena started out in natural cosmetics and registered her trademark from day one. When a multinational company tried to copy her concept, she was able to defend her rights and negotiate a licensing agreement that earned her €3,000 per month without lifting a finger.
The difference: a piece of paper that cost her €600.
The actual process: simpler than you think
1️⃣ Professional search: Check official databases, not just Google. One mistake here can ruin the entire process.
2️⃣ Territorial strategy: Spain only? Europe? Internationally? Each option has costs and benefits depending on your business.
3️⃣ Correct classification: Choosing the wrong classification can leave you unprotected. A clothing brand that doesn’t include “online sales” will struggle with e-commerce.
4️⃣ Actual cost: Between €300 and €1,500 depending on reach. It seems like a lot until you compare it to losing your business.
Your brand is your most valuable asset.
Every day that goes by without registering your trademark is a day of unnecessary risk. It’s not about being pessimistic, it’s about being smart.
The harsh reality is: If you don’t protect your brand, you’re working to enrich whoever registers it before you.
Is your brand really protected?
At Cardador & Marín, we help entrepreneurs, designers, startups, and creatives protect what they value most every day. We offer a free initial consultation to review your case and explain, without the fine print, what steps you need to take.
Book your appointment now and discover how protecting your brand can be the first step to dominating your industry.
Because your brand deserves the same protection as your home.