Industrial property

Some audiovisual works have certain elements that can be registered as trademarks, in accordance with the regulations established by the Trademark Law: titles, slogans, logos and even names, phrases or shapes of certain characters. It all depends on the type of production (animation, advertising, film) and the marketing plans of the production company. Each product must be registered at the Spanish Patent and Trademark Office in the corresponding class. Applications can be made directly by the interested party or through an official Industrial Property agent. It is important to remember that in the case of industrial property, the right arises with the registration: if the author has not registered, he has no rights, which is why it is recommended to analyse in each particular case the elements that may be subject to protection and protection under the Trademark Law.

In recent times, an advertising financing technique has become fashionable in feature films called "Product Placement", which consists of including a certain product, service or brand within the plot scenario in which the action takes place. The product can play a more or less active role in the plot, even interacting with the characters. For the appropriate use of this controversial resource, it is necessary to have the express written authorisation of the owner of the product and the producer of the audiovisual work.