Considerations before creating your brand

By Fernando González-Ruiz – Associate

In complicated times such as those we are experiencing due to a global pandemic, countries have adopted various preventive measures for the safety of their population, including total confinement, which gives people a lot of free time, which has led, as a positive consequence, to an increase in the creation and development of new projects.

The first thoughts that come to mind when starting to develop a project are: What will be the name of my brand? And what will my identity look like? It is at this point that the creative process begins, with a brainstorming session for the selection of the name, based on different criteria, referring to the product or category, to a memory or special meaning, to a play on words or simply to the nickname of oneself or a family member.

After endless hours of work developing this new project, you end up with the brand name, which is the magic word for your product or service with which you will be identified. Therefore, it must be easy to pronounce, read and remember for it to be effective.

However, during this name selection process, it is essential to consider some points to create a strong brand; it must be unique, so that it can stand out in the market and powerful, so that it can prevail in the minds of consumers.

By not seeking advice or prior research, there is a possibility of creating a weak brand, by using generic terms, with similarities or identical to an existing brand with a local or international positioning or that does not comply with the prohibitions established in the Industrial Property Law.

This new brand, then, runs the risk of being rejected by the trademark registration office of Panama or other countries or, not having this prior knowledge, it is decided to start using it, with the consequent generation of unwanted legal problems at the start of a business.

The brand name is one of the most important assets that any company or business has, for this reason, before starting the development of your brand, you must consider several points:

• Confirm that the trademark has no similarities (in orthographic, visual or conceptual aspects) to a trademark that is already registered and/or used.

• Do not use reproductions or imitations of coats of arms, flags and other emblems, acronyms, names or abbreviations of names of any State or any national or international organization, without due authorization.

• Avoid the use of trademarks that contain false indications about the nature, components or qualities of the product or service and may mislead the consumer.

• Do not use designs of coins, banknotes, guarantee or control seals used by the State, stamps, seals or fiscal species in general.

• Do not use references to national monuments or historical sites, recognized as such by law, as the basis of the brand design, unless you have authorization for their non-exclusive use issued by the corresponding government entity.
• Avoid focusing the brand on isolated letters, numbers or colors, unless they are combined, constituted or accompanied by elements such as signs, designs or names that give them a distinctive character.

These are just a few points to consider before proceeding with the conceptual development of a brand, so it is advisable to seek professional advice and conduct a search for the name and/or design to ensure that you will create a truly original and strong brand.