Everyone who at least once in his life dreamed of starting his own business, faced with many bureaucratic procedures. One such is trademark registration. In most cases, registering a trademark yourself is quite difficult. Many abandoned this idea in the initial stages. To prevent this from happening, it is best to immediately learn all about how to register a trademark easily and without problems.
Trademark: Concept and Definition
Roughly speaking, everything related to a certain type of product can be called a trademark. That is, the name of the product, brand, logo, slogan, under which it is advertised or sold, etc. But this is only in a superficial sense. If you look at it from a legal point of view, then the concept of a trademark has a narrower and more specific definition.
A trademark is a registered designation that serves to uniquely identify a product. In other words, that allows you to distinguish the goods of one company among the analogues of others.
Types of Trademarks
The following may be submitted to the trademark register:
- Word trademark. These include: one word, phrase or phrase. For example, the product name Galaxy Note (a series of smartphones and tablets from Samsung).
- Fine. These include various drawings. For example, a bitten apple (Apple's badge) or a check mark (Nike).
- Combined. This is usually a combination of the first two trademarks (images and words). For example, take the same Apple - a bitten apple + the word iPhone (picture and product name) or Nike - a tick + sentence just do it (picture and slogan).
- Volumetric (3D-object, figure). The first thing that comes to mind as an example of a three-dimensional trademark is a bottle from Coca-Cola. Many probably even without a label will know that the bottle belongs to this particular company.
- Sound. As a rule, such signs are used by various programs that are broadcast on TV, radio stations, large film companies, etc. For example, the musical screen saver of the film company Twentieth Century Fox. It is unlikely that anyone will confuse this company trademark, for example, with Warner Bros.
Differences between trademarks and other concepts
Many, after reading the description of the trademark, will think about other concepts, such as: logo, brand, trademark. At least some will say that this is all one and the same. But this is not so.
For example, a logo is a designation that the consumer associates not with the product itself, but with the company that produces it. A brand is generally a whole complex of various associations with a product and a company that produces it. That is, the brand is not something tangible. Rather, it is the perception of the product by the consumer himself without interference from the manufacturer. A trademark is what subsequently becomes a trademark. That is, at first, a trademark is a mixture of images and associations, due to which the product will stand out from the rest.
Why trademark registration?
Those developers who care about the future of their product, its uniqueness, will definitely pay attention to the registration of a trademark.After all, as you know, if the business is designed for the long term, and the company has big plans for the product, then registering a sign is just a necessary requirement that needs to be taken into account.
By registering a trademark, you can come across a number of significant advantages, of which:
- obtaining legal protection in relation to the product and company;
- confirmation of the reputation of the company that released the product;
- obtaining a unique product that will stand out among peers, as well as obtaining competitiveness;
- exclusive right to use a trademark for personal purposes;
- other benefits.
In other words, trademark registration will protect the business from unscrupulous competitors, increase the reputation in the eyes of consumers, and also provide an excellent opportunity to receive additional profit. After all, as you know, a trademark, like any tangible thing, can be valued, then sold, or leased for a while and for some monetary reward.
Trademarks not allowed for registration
The Law on Trademarks states that you must not add to the register those marks that:
- are already in the registry or are similar to them;
- are copies or similar to famous works of art, pseudonyms or names of famous people (for example, you won’t be able to name the product “Mona Lisa” or “Jack London”, since these names and pseudonyms have already been used by other people);
- are copies or similar to official names, drawings, symbols (for example, the flag of a country or the family coat of arms);
- cannot be distinguished from common names, patterns, or symbols (for example, a single digit or word from common use, a geometric figure, or signs like $, &, and No.);
- directly characterize the product (for example, “the most beautiful”, “juicy”, “cheap”, “fragrant”, etc.);
- mislead consumers of the product (for example, the inscription "harmless to health" on a can of paint that contains one or more harmful elements);
- contrary to the interests of society, insulting and injuring human feelings (for example, various drawings depicting murders, swear words and expressions, as well as a hint of violence);
- are a form that is determined only by the property or purpose (for example, a square for the production of boxes or a silhouette of a smoking cigarette for a new brand of cigarettes).
That is why, before registering a trademark, it is recommended to check those that are already available. Also, just in case, you can come up with two or more characters. If at least one of them fails the test, there will be one or more options in stock.
Preparation for registration
Suppose a trademark has already been created. Do not rush and rush with the application to Rospatent. Even before the start of registration, it is better to check the uniqueness of the sign.
Prior to registration, trademark verification is carried out in two ways. The first - with the help of free resources on the Internet, and the second - with the help of specialists. Looking ahead, it should be noted that databases of free resources on the Internet are incomplete and unreliable. Therefore, having carried out such a check, most often it may be that Rospatent rejects the application due to plagiarism. Having trusted specialists (patent attorneys), you can be 90% sure that the application is guaranteed to be accepted.
Typically, a preliminary examination of a trademark with patent attorneys takes from two to ten days. For specialists from Rospatent, this can take several months.
Application for registration
When a trademark is verified, you should visit Rospatent to file an appropriate application for registration. The service of Rospatent is located at: Berezhkovskaya embankment, 30, building 1, Moscow.
An application for a trademark is submitted on behalf of an individual entrepreneur or legal entity. faces. The following details are indicated in the form:
- Name of entrepreneur or company name (for individual entrepreneurs and legal entities, respectively);
- company address;
- phone number;
- registration code of the entrepreneur or company;
- a detailed description of the mark that is submitted for registration;
- list of products or services to which the trademark will apply.
Submission of registration documents
As mentioned earlier, in addition to the application, a package of documents is also submitted for registration. For those who want to register a trademark on their own, personal submission of documents is allowed, by mail or by fax. In other cases, you can use the services of lawyers by concluding a power of attorney agreement with them.
List of documents attached to the application:
- passport;
- copy of certificate of registration of IP (for individuals);
- copy of the charter and constituent agreement (for legal entities).
It should be remembered that each copy, whether it is a certificate or charter, must be notarized. If the notary does not certify the copy, you can immediately expect to receive a refusal of registration.
State duty payment
If you need to register a trademark on your own, you will have to prepare to pay the state fee for the services of Rospatent and the issuance of the corresponding certificate. This can be done within six months from the moment of contacting the service. But it is worth recalling that after four months the amount of state duty doubles. Moreover, even if the decision on registration is made in the applicant’s favor, the certificate will not be issued if the fee is not paid. So decide whether to pay it in advance or later, to the person who applied.
The Law on Trademarks (Decree of the Government of the Russian Federation of December 10, 2008 No. 941) regulates the standard sizes of fees and the terms for their payment. So, according to the decision, their amount is:
- registration of the application in electronic form - 2,295 rubles. (a simple application will be 15% more expensive);
- for the examination of one class of MKTU - 11,500 rubles. (+ 2050 rubles for each new class);
- for the issuance of a certificate - 8,250 rubles.
In addition, you can calculate the cost of services yourself on the official website of Rospatent, using the fee calculator. To do this, select the required service (trademark), and then the action (associated with the state registration of the trademark).
Obtaining a certificate
When the application is submitted and the fee is paid, you should wait for the notification of the successful registration of the trademark. The new mark is valid for ten years. Its owner has the opportunity to extend for another 10 years. Moreover, the number of applications for renewal is not limited.
As you can see, registering a trademark on your own is not so difficult, especially if you know about all the nuances of the procedure.
Reference information for applicants
A registered trademark can be used for personal purposes to uniquely identify your brand. It can be extended after ten years, make changes, supplement, etc. For any change or addition made to the register of trademarks, you will have to pay a state fee. As mentioned earlier, a convenient calculator of patent and other fees on the official website of Rospatent can help with the calculation of each service.
If you have any additional questions regarding the registration procedure, you can contact Rospatent’s service by phone or e-mail. Service working days are from Monday to Friday.