Why do you need to register a trademark?
What is a Trademark?
A trademark is a kind of designation aimed at individualizing a product or service.
Trademarks are used everywhere, we come across them every day, even without paying attention. But, despite the above, the importance of TM as a means of individualization and protection of property rights is not understated.
TM is an object in the form of text or graphics used in advertising and to indicate an item offered to the consumer.
Also, TM is an object of copyright, since its creation is a creative process of intellectual activity.
TM must have the following features:
- Have unique features that distinguish it from other TM;
- Should not be false or misleading;
- Don't be well known;
- Do not contradict the principles of humanity or morality;
- Do not use official names or symbols.
Trademarks, like other objects of intellectual rights, are subject to registration with Rospatent. An application for registration is submitted, the confirmation of which is a registration certificate.
TM is one of the most important assets in business and they are used for a number of reasons:
- Firstly, TM is a distinctive feature of a product, allowing it to be identified among many analogues;
- Secondly, it is the face of your business and brand, and if your product / business / service is well established in the market, the trademark will also work as a means of promoting a product.
Types of trademarks
Trademarks can be classified according to several criteria.
One of them is their classification according to their external characteristics:
- Verbal TM - this TM can be the name of a company, service or product. It is presented both in the form of real words and in the form of fictional ones;
- Pictoral TM - is a unique image, for example, logos of famous brands;
- Volumetric TM - indicated in the form of an image of the product itself, packaging of the product.
- TM expressed in color, tactile or sound form.
- Combined TM - is a collection of the first types of TM, contains both an image and a text or any other component;
TM is also subdivided into:
- Firm TM - they are intended to designate the enterprises themselves and to determine the goods by type, name;
- Collective TM, the rights to which are held by several rightholders at the same time. The rights to such TM are not alienated and cannot be the subject of a license agreement;
- Individual TM, the rights to which are solely owned;
In Russian civil law, the concepts of TM and logo are also separated, although in speech these terms acquired the same meaning.
A logo is a kind of graphical expression of the name of a company.
TM is a special expression that acts as a distinctive external feature of goods or services offered to the consumer.
The legislators of the Russian Federation do not give a definition to the logo, therefore, it cannot be officially registered, therefore, TM is also widely used in business.
Based on the foregoing, registration of TM is one of the extremely important elements of doing business, regardless of jurisdiction. Having a unique trademark will allow your business to have at least one more additional asset, the loss of which can be fatal. To carry out a legally correct registration of a trademark, you can contact A4 Law Firm, whose lawyers will help you retain the rights to an existing trademark, or legally correctly register a new one.
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