Why do you need to register a trademark?

Contents:

 

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.

REMAINED
QUESTIONS?

Актуальные новости и статьи

11January
Copyright protection for software and computer games is an issue that lawyers often face in connection with the active development of the gaming industry. Computer games are complex objects of intellectual property. Even if the developer registers a trademark and files a patent, some elements can still be used by third parties. The least protected objects include source code, game characters, music, graphics.
Узнать подробнее
31December
Due to the development of cryptocurrencies and the growth of their value, legislators in many countries pay close attention to them and develop appropriate regulation. At the moment, Estonia is one of the most attractive jurisdictions for doing cryptocurrency business.
Узнать подробнее
30December
A marketplace is an online platform designed for buying and selling goods. The marketplace acts as an intermediary between the buyer and seller, providing them with a convenient platform for placing goods and buying them.
Узнать подробнее
29December
With the development of pop culture, the layer of its influence on society increases. At the time of 2021, there is a huge fan base, divided into societies, depending on their favorite work. Accordingly, in order to express their own creative potential, the fan base expresses it in the form of their own interpretation.
Узнать подробнее
28December
Gibraltar is a British Overseas Territory located on the border of Europe and Africa and is an extremely attractive jurisdiction. Gibraltar is currently in the stage of economic growth, attracting a large number of investments from all over the world. Also, this jurisdiction is considered one jurisdiction with a high level of confidentiality and a fairly moderate tax regime. The first step in transferring your assets to Gibraltar is to set up a company. This is quite simple to do compared to other offshore jurisdictions.
Узнать подробнее
27December
In the legislation of the Russian Federation, there is no mandatory requirement for registration of copyright. Copyright arises at the time of creation of the object, therefore, there is no obligation to legally enforce the right. Despite this, attribution disputes are not uncommon for courts, and a deposit procedure exists to avoid lengthy litigation.
Узнать подробнее
24December
In connection with the general transition to online, business owners are increasingly faced with the need to create a website. Online business presentation increases your sales and brand awareness. At the same time, you should take a responsible attitude to the legal registration of relations with the developers of the site, since mistakes in drawing up a contract can lead to extremely negative consequences.
Узнать подробнее
23December
When deciding to block a site, government agencies are required to act in accordance with Federal Law No. 149. This law provides a large number of grounds for blocking any resource. Article 15.1 149-FZ and Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 establish a list of bodies authorized to make a decision on blocking a site, and also introduces a register of sites containing information prohibited in Russia. Any resource for which such a decision has been made is included in this register. Inclusion of a site in such a register means restricting access to it in Russia. Internet providers rely on this registry and, when any site gets there, they suspend access to it.
Узнать подробнее
NEWSLETTER SUBSCRIPTION
By pressing the subscribe button I agree to the  Privacy Policy
a4lawfirm.ru
г.Москва г. Москва, Новоданиловская наб., дом 6, корп. 1, БЦ "Данилов плаза" +7 (499) 841-05-05 info@a4lawfirm.ru