A brand is the sign that distinguishes a company's product or service from those of its competitors. Precisely because of its objective—to distinguish—it becomes the company's image, not only in the eyes of its competitors but also in the eyes of consumers. We could confidently assert that the importance of a brand lies in its becoming a fundamental strategic asset in a company's policy, or in other words, a competitive advantage. Optimal brand management can place a company among the most valued brands, with the prestige and recognition that this entails.
In Spain, small and medium-sized enterprises (SMEs) are increasingly aware of the need to invest in and promote their brand, not only nationally but also internationally. Effective brand management should be a key priority for a company's leadership. The brand embodies the quality of the products or services it distinguishes, communicates their characteristics, and evokes emotions and a sense of connection with consumers.
The relevance of the brand in the market economy and in the New Information Society has motivated the Spanish legislator, aware of the importance for companies of having a consolidated image in the market, to approve a new Trademark Law; we refer to the new law 17/2001, of December 7, on trademarks, published in the BOE of December 8, 2001, whose entry into force was postponed until July 31, 2002.
Companies that own national brands must make an effort to internationalize their image abroad, and as previously mentioned, proper brand management is essential for optimizing resources. In other words, before considering any brand protection abroad, it is necessary to carefully consider which countries are worth protecting and the reasons for this selection (the company's current presence, commercial activity, short-term commercial projections, etc.).
Following this selection, an Industrial Property advisor will have to advise on the different forms of protection in these countries to optimize resources (international, community and/or national route) as well as the products/services whose protection is of interest to the company in particular, both offensively and defensively.
According to recent press reports, few Spanish companies invest in protecting their image abroad, resulting in limited awareness of these companies beyond Spain's borders. For this reason, and to promote the country's image abroad and, consequently, the "Spain" brand, the Ministry of Economy and the Ministry of Science and Technology, through ICEX (Spanish Institute for Foreign Trade), have created the "Support Plan for Spanish Brands." The plan's main objective is to support Spanish companies in their efforts to create and/or consolidate their Spanish brand image in countries outside the European Union. This support could consist of funding up to a maximum of €100.000 per year.
Therefore, sound advice on Industrial Property will guarantee companies adequate protection of their national image abroad through various registration systems, always with the aim of optimizing economic resources in light of the company's expansion interests beyond the national sphere.
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