If we talk about what a trademark is, it is worth noting that it is both visual and verbal designation, which serves to give products a certain degree of individuality, as well as recognition among other similar names.
Basic concepts
A trademark and a service mark are similar concepts that are equally used both in law and in practice. The only difference is that in the first case we are talking about specific results of material production, and the second term is applied to the provision of various kinds of services to the population. These concepts are most common in legislative acts in the CIS.
If we talk about such a common phrase as "trademark", then it is common in Western legal terminology. In the CIS, this expression is used exclusively in everyday life, and at the legislative level it is allowed to apply only the concepts of “trademark” and “service mark”. These terms are also sometimes mistakenly identified with the brand. But it is much broader in meaning. A trademark is one of the many components of a category such as a brand.
Varieties of trademarks
If you want to understand what a trademark is, it is important to understand what varieties of this concept are highlighted by marketers. So, we are talking about the following categories:
- verbal - this is a font combination that defines the name of the trademark, as well as mottos and slogans (already known words, fictitious terms or abbreviations can be used);
- fine - consists of graphic objects (it is important to consider that the law prohibits the registration of a direct natural image of the goods);
- combined - implies the combination of text and graphic component (the logo is best suited for this description);
- sound - unique melodies or combinations of sounds that can only be applied to products of a particular company;
- three-dimensional - this is the shape, color, material and other characteristics of the product itself, as well as its packaging.
Trademark Registration
In order to obtain exclusive rights to use a trademark, it is not enough to develop a unique designation. It is necessary to formalize it in accordance with legislative standards. Registration of a trademark is carried out exclusively by state bodies that are endowed with the appropriate authority. It's about service for intellectual property.
In order to register a trademark, service mark or service mark, it is necessary to determine its class. Moreover, there may be several of them, depending on how wide is the range of activities of the company. It is important to understand that the cost of the registration procedure increases symmetrically to the number of classes.
When developing a trademark, it is important to understand that not all images, symbols, sounds, and so on, are allowed for state registration. There is a certain list of characters that cannot be used to individualize goods. Among them are the direct name of the objects and their properties, as well as words, images and their combinations, if they can mislead the buyer.
How to develop and register a trademark
In order to understand what a trademark is, it is worth considering the main stages that it goes from the moment of conception to the registration stage:
- setting goals regarding what market share it is planned to take with a specific product;
- identification of the elements of which the sign will consist;
- development of alternative options with the subsequent selection of the best;
- comparison of the selected options with the base of the state registry in order to identify matches;
- approval of the final version;
- drawing up an application for registration of a trademark;
- passing all bureaucratic procedures;
- obtaining the appropriate certificate;
- statement on accounting and tax accounting.
Trademark Use
Having understood what a trademark is, it is important to understand the features of its use. So, the holder of permits receives the following powers:
- apply the trademark on the packaging and labels of commercial products;
- if we are talking about a service mark - apply in order to individualize the work performed;
- use on company documentation;
- apply to promotional materials;
- post in a global network in order to attract new customers.
It is also worth noting that there are some points that the trademark owner cannot and does not have the right to control:
- reference to purposes that are not related to product advertising;
- if the copyright holder has consented to the use of his trademark;
- after the sale of goods (it is impossible to control the further fate of the packaging);
- use of the trademark for private, non-commercial purposes.
Validity
The trademark agreement remains valid for 10 years. It is possible to extend an unlimited number of times for the same period. In this case, you need to submit an application to the relevant authorities and pay the state fee.
It is worth noting that the renewal of the registration certificate is only advisable if it has received recognition and recognition. But, given that this is a fairly lengthy process, many manufacturers deliberately go for an extension so that the designation is protected for the period of development and popularization.
How is trademark protection carried out?
The main document entrusted with the security function is the Law "On Trademarks and Service Marks". The framework of liability for violation of exclusive rights and unauthorized use of another's trademark is established.
In order to protect the registered trademark, a special symbol is used, which looks like the Latin letter R. It is often placed on the top left of the logo itself, but it can be placed in other places. This is generally accepted confirmation that a trademark is officially registered and received a certificate. But if we talk about some European countries, then the letter R has no legal force. In the Russian Federation, the literal designation "trademark" or "registered trademark" is also allowed.
Trademark Classification
A trademark may correspond to the following classification features:
- According to the object:
- trademark of the company;
- designation of a specific product.
- According to the form for submitting information:
- words or combinations thereof;
- letter combinations;
- digital signs;
- volumetric designs and images;
- graphic drawing;
- mixed type.
- On the basis of the owner:
- owned by an individual enterprise or specific owner;
- registered to a group of organizations.
Conclusion
To the question "what is a trademark?" it can be answered that this is a unique designation of a product or group of goods that is used for individualization purposes.If we talk about the service mark, then this term is similar to the previous one, but is used in the service sector. Quite often you can hear such a phrase as "brand". But it is important to understand that it has a course only in Western jurisprudence, and in domestic law it has no legal force.
A trademark may have not only a verbal, but also a visual designation, as well as their combination. Also, we can talk about unique sound effects or melodies registered in the appropriate order. A trademark is also a three-dimensional layout that repeats the unique shape of the product or its packaging. Exclusive right its use is valid for 10 years, and if necessary, it can be extended as many times as necessary.
In order to be able to exploit the trademark name or its image, it must be registered in accordance with the law. It is important that at the stage of developing a logo, verbal designation, or any other expression, it is worth checking with the state registry for any matches. If none are found, then the appropriate application is filed with the registration authorities. After it is considered and approved, a certificate of the established form is issued, giving the exclusive right to use the trademark.
