The pangs of creativity, a lot of time spent and imagination - is it all about your invented logo? However, your efforts are of little concern to competitors. They can use the fruits of your creativity at any moment without shame and conscience. However, they will be right in court. Why? Yes, because you did not patent your own logo. How to patent a logo? Step by step we will understand.
What it is?
Catchy, bright, concise - it's all about the logo of your company. The success of your business directly depends on how interesting and memorable it will be. Why is it needed? The answer is simple: to be recognized immediately.
As with everything, there are two sides to the same coin. The first side is positive, as customers will recognize you by the successful logo. Accordingly, profits will increase significantly. The other side is negative. Your competitors will not miss the opportunity to drown you. They can immediately check the registration of your logo. If there is no patent, then competitors can use your brand. Accordingly, your customers automatically become them. Moreover, they immediately patent the logo. And they will not "catch the bow" in the business space. Another development of action is also possible: competitors will offer you to redeem, paradoxically, your own logo. Is it stupid? Yes. But these are the realities of our days.
Therefore, in order not to waste time and nerves on litigation, trademarks and names are best patented right away.
How to develop it?
A competent, relevant and creative brand is a business card to the success of your business. Moreover, an effective slogan will significantly add customers. Even additional advertising will not need to be placed. What for? According to the slogan you will always be remembered.
Logo design is the first step to success. Of course, this is not an easy task, but a possible one.
The logo has shapes, looks and even styles. So, the types of logos. Conditionally, 4 types can be distinguished:
- symbolic;
- textual
- combined;
- emblem (alphanumeric).
The symbolic logo is the most popular and in demand among serious companies. Often the image and description of the logo is quite concise and abstract. Its advantage is that it is easily perceived by the client and remembered in the subconscious.
The text logo is presented in the form of a corporate font. Often companies use graphics as a complement. For example, a smile, like on the Amazon logo.
The combined look of the logo is practically in no way inferior to its “comrades” in the list. Graphics help make the logo memorable, and the name creates a touch of appeal.
Logo emblems are usually ordered from art firms. It is generally accepted that this type of logo is the most complex.
Principles of Creation
We’ll talk separately about the principles of creating a unique and effective logo. Many people think that design is a science in which there are no laws and restrictions. However, there are a number of specific rules that will help you create the right and effective logo.
1 principle: simplicity. A simple logo is perceived better and easier. He is well read and recognizable by potential customers. Remember that a client is a profit. It is generally accepted that a simple logo will attract attention even when a potential buyer travels 70 km / h by car. Recall, for example, the logo of the famous Nike brand.
2 principle: memory + durability. Agree, the Coca-Cola logo is time-honored.
The logo should stand out and match the corporate identity of your company.Follow the new fashion trends is not necessary. With regard to the logo, personality is important. Fashion comes and goes, and personal style remains forever. Of course, on one condition: if the style is chosen correctly.
Principle 3: answer the following questions:
- Is the logo printed in one color?
- Does the size match the postage stamp?
- Printed like a billboard?
- Is there a black and white version?
If you answered all four “yes” questions, then be sure that your logo is universal and effective.
Remember that the logo should correspond to the main activity of the company. No distracting details!
Why is patenting necessary?
The original logo is the ability to always stay afloat in the business market. Moreover, it is a stylish form in which the name of the company is abbreviated. Thanks to the logo, your company can be identified by both business partners and potential buyers (clients).
Logo registration is an important measure of protection that will prevent competitors from encroaching on it.
Patenting is the legal protection of the logo, trademark and company name. The regulation of this procedure is provided for in Part 4 of the Civil Code of the Russian Federation:
- legal protection of trademarks and names is spelled out in art. 1225 of the Civil Code of the Russian Federation;
- You can obtain a patent for the company logo and name by filing an application with the Federal Service of Rospatent;
- you must first pass an examination on the uniqueness of all commodity objects that belong to the company.
A patent is granted only if previously no intellectual property rights have been registered for this trademark. Check for uniqueness must be completed before submission to Rospatent. How to patent the company name and logo, then we'll talk.
How to check the "free" logo?
Checking the logo for uniqueness is carried out independently. To understand the "employment" of the image will help the search. There is a database of registered trademarks, the so-called complete list. In this database there are signs by which you can see the legal protection and registration of trademarks.
You can also search by image in any search engine on the Internet. Accordingly, links will be “highlighted”, by clicking on which you can find out the registration of trademarks. So you can understand the "busyness" of the image you are interested in.
There is a special examination that checks the uniqueness of the logo filed in the application. Using the logo before registration is considered illegal. It may happen that you inadvertently violate the right of a third party who is already the applicant or copyright holder of this logo.
Registration Benefits
Registering a logo reveals a wide range of possibilities for you. Main advantages:
- use of the logo on goods and packaging of personal production;
- obtaining the exclusive right to use the logo (this means that if you find out that someone unauthorized uses your logo, you have the right to sue and demand compensation);
- you can safely step into the international arena, pre-register for patenting abroad;
- sell a license to use the brand, respectively, this is an additional income.
How to patent the logo, we will analyze further.
List of documents for registration
It is necessary to collect a package of documents and submit to Rospatent. It is this organization that issues a certificate that testifies to the uniqueness of your rights. Logo registration includes the collection of such documents:
- application (sample can be downloaded on the official website of Rospatent);
- consent to the processing of personal data;
- submit a description of the logo (its graphic part, features and sample);
- indicate the category in the list of ICGS (International Classification of Goods and Services).
The package of documents also includes:
- information about the name of a trademark or logo;
- indicate the full name of the applicant, which is a legal entity;
- attach a certificate of registration of the entrepreneur;
- indicate the legal address of the company;
- Contact details;
- OKPO number (all-Russian classifier of enterprises and organizations);
- bank details;
- FULL NAME. entrepreneur;
- full list of company activities;
- specify the colors of the logo;
- decipher the notation.
If the registration of the logo is submitted from the team, then you must provide a copy of the Charter of the organization. This document must be notarized.
How to patent a logo: step by step instructions
Before submitting documents for patenting, it is necessary to pass a full check for uniqueness. The verbal part of the logo is checked free of charge at FIPS (Federal Institute of Industrial Property). Check for uniqueness of the graphic part of the logo is possible only when paying. In case of similarity with other trademarks, make the necessary changes.
How to patent a logo in Russia? We act according to the algorithm:
- Pay the fee (2700 rubles).
- Set the priority of the logo (this is important if the logo is issued for the exhibition or conversion).
- Checking the correctness of registration of all documents takes 1 month.
- After that, Rospatent specialists check for similarities with previously registered trademarks. The duration of this test can be up to 14 months. This service is paid. The size of the payment is 11500 rubles, if we analyze one category of ICGS. For verification in each other category, an additional payment of 2050 rubles is required.
- Final execution of the entire list of documents. Get a certificate for the logo. The cost of an individual right to use the logo is 16,200 rubles. Collective logo registration costs 20,250 rubles.
If at the time of checking documents the specialists have questions, the applicant must make the necessary adjustments within 6 months. Otherwise, you will need to go through the procedure again.
How to apply?
The application is submitted only in Russian. If the documents that are attached to the application are written in a foreign language, then a set of documents with a translation must be attached.
How to patent a logo? First of all, correctly compose an application. So, the content of the application includes such information:
- mailing address;
- full details of the applicant (including PSRN, PSRNIP, TIN, KPP);
- if the representative of the company, then information about him;
- place and address of the company;
- WIPO country code st. 3;
- image (photo) of the logo;
- indicate the characteristic of the logo;
- submit information on payment of state duty;
- applicant's signature and date.
If mistakes are made in the application, then Rospaten will be forced to refuse to grant you a patent for the logo.
Cost
How much does it cost to patent a logo? It all depends on such expenses:
- registration of the application is subject to state duty - 3500 rubles;
- examination of a trademark or logo may include verification of several categories of ICGS (for each class - an extra charge of 2500 rubles);
- the cost of examination starts from 11,500 rubles;
- logo registration - 16,000 rubles;
- duty for obtaining a certificate for a logo (trademark) - 2000 rubles.
The right to use the logo and trademark extends for 10 years. After that, it is necessary to extend the exclusive right according to a similar scheme.
To summarize
After the applicant receives a patent, he automatically becomes the copyright holder. He has the right to protect his intellectual property. Including to file a lawsuit to bring to justice those who illegally use your patented trademark. Moreover, the punishment can be both administrative and criminal.Now you know how to patent your logo!
Good luck and be careful when filling out the application. Most often, the rejection of Rospatent comes due to incorrect submission of information in the application. Do not forget that logo design is the first step towards your success!