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What is a trademark? Trademark and trademark

A trademark is a way to distinguish your products from similar products offered by competitors. Let's talk about what this concept is and what is its main significance. a trademark is

The main purpose

What is a trademark? This is a combination of certain properties, images, associations that allow a product to stand out from competitors. This is a kind of starting point, giving rise to all the other actions of the entrepreneur related to the unique design of his own product, the creation of his corporate identity.

The brand is designed so that owners can protect their goods from encroachment by unscrupulous competitors. Given the difficult economic situation in the global economic market, it is important not only to come up with a new product, organize a full-fledged advertising campaign, but also provide him with reliable legal protection.

The trademark and trademark allow individual entrepreneurs to rely on support from the state in the event that someone wants to use them for personal profit. The business reputation that company owners are increasingly thinking about is directly related to the recognition of goods and services. This is what our own logo is for.

The presence of a patent allows the owner to be sure that competitors will not be able to take any actions that would damage his business reputation, as well as lead to material losses.

In order for the trademark and distinction mark to officially belong to an individual entrepreneur or a large manufacturer, you need to go through their registration. In our country, there is a special agency called "Rospatent", the main functions of which include the registration of logos. trademark

Trademark Features

What is a trademark? This is the same trademark, only already registered and having a direct copyright. In other words, this is a trademark passport, the direct function of which is its legal protection. This is the difference between a trademark and a trademark.

Under the modern trademark, it is customary to understand such an image or verbal description, thanks to which you can highlight the goods or services provided, stand out in the consumer market for an individual or a legal company. There is no such term as a “trademark” in Russian law, it is about the registration of a trademark.

With the help of patenting, the holder of such a sign receives guaranteed legal state support, he will not need to be afraid of actions from the nearest competitors. It should be noted that both goods and services marked with trademarks help the company build its business reputation and gain the interest of buyers and potential business partners. trademark and trademark

Action algorithm

There is a certain algorithm by which a security document is received for a new logo. At the first stage, it is important to develop a unique sign, to think over the elements of its protection against fake. Entrepreneurs who have undergone a similar procedure recommend that these actions be carried out together with professional designers with experience in this field of activity and who own all the intricacies of creating memorable and original logos.

In addition, at the same stage, it is important to conduct a preliminary check of the uniqueness of the created image (verbal description).There are many open trademark databases on the World Wide Web, which can be checked on their own absolutely free. But this does not guarantee the desired result, since there are also such databases that are not available to the average Internet user. That is why a trademark must be tested for uniqueness with the help of specialists from patent firms that have access to all databases of registered and registered trademarks.

The cost of such a check is low, but the time that will be wasted if a low uniqueness of the new sign is revealed when contacting Rospatent, you will not be able to return. The preliminary verification procedure itself takes about 1-3 days. After its completion, the applicant receives a certificate confirming not only the possibility of patenting a new logo, but also offers options to increase the uniqueness of the mark. Earlier, business representatives neglected such a procedure, since they believed that a trademark was an optional attribute of doing business, in recent years, given the difficult economic conditions, no one has refused a preliminary check of uniqueness. trademark brand

Second phase

The next step in the registration of the logo will be the collection of the package of necessary documents. Among them there should be a statement of the entrepreneur with the indicated actual address, copies of the charter documents, a clear image of the trademark claimed for registration, its verbal description, as well as a receipt of payment of the state duty (the amount can be calculated using the information provided on the official website of Rospatent).

Ways to submit documents

Documents can be submitted personally to the individual entrepreneur or legal entity. It is also permitted to entrust this procedure to a special patent representative. The second option is preferred by large businessmen who do not have free time.

In case of a positive combination of circumstances, after 12-14 months the applicant will have his own brand. Having become the sole copyright holder of the mark, he will be able to dispose of it at his discretion, including renting out, while receiving a monthly profit. trademark and distinction mark

Store name patenting

Any major store has its own brand, which is under reliable protection by the state. What is a brand? This is the same brand, the hallmark of which is recognition and popularity among consumers. In other words, it is a trademark that has won the attention of the consumer and his affection.

The strength of a company's brand depends on brand recognition: the higher this indicator, the stronger the company's brand. The trademark and trademark of distinction allow owners to attract customers with original and vibrant names.

If the owner does not have a certificate of completion of the official patenting procedure, it is difficult to count on the help of the state in the event that competitors want to use the original name of the store. The trademark, brand that have passed the registration procedure with Rospatent are the property of the store owner.

The sequence of actions during the procedure for registering the name of the store does not differ from patenting packaging, names of goods.

There are several specific stages, the consistent implementation of which guarantees the receipt of a standard certificate for the sole right to own a logo. the brand is designed to

A trademark is a guarantee of a company’s honest name, the ability to maintain its business reputation in the eyes of customers and business partners.

Useful Tips

Do you want your store to have an unusual and memorable name? In this case, make sure that it has no analogues that have received official registration with Rospatent.The verification of the identity and similarity of the store’s name can be entrusted to a patent attorney with unhindered access to a variety of logotype databases. A trademark, an example of which can be “spied” by competitors, may be accompanied by an additional slogan, image, and verbal description.

On average, such a preliminary check is carried out in a couple of days. A detailed report provided by the patent attorney will indicate the uniqueness of the invented name, as well as analyze the chances of successful registration with Rospatent.

If during the preliminary assessment no analogues to this image are revealed, you can safely proceed to the next stage of patenting the name of the store.

Required documents

The application package of documentation assumes the following documents: an application written according to the proposed sample, a copy of the charter documents (for a legal entity), a certificate of registration with a tax authority for an individual entrepreneur. Also attached to the application is a photograph of the invented name, its detailed verbal description. It is also necessary to pay the state fee for conducting registration actions by Rospatent specialists.

In its absence, experts will simply refuse to accept the documentation. If you do not have free time to contact the registration office yourself, you can immediately resort to the help of a patent attorney, having previously concluded an agreement with him. In this case, he will correspond with the specialists of Rospatent, provide him (if necessary) with additional information. trademark and trademark

Registration Options

The duration of the registration depends on which patent option has been selected. In the case of the standard option that gives the right to use a trademark in our country, an average of 10-14 months pass from the moment of registration of the package of documents to the issuance of a certificate of state registration of the brand The disadvantage of this option is that the protection is valid only on the territory of the Russian Federation and does not apply to other countries.

International registration is carried out in a shorter time, allows you to use the logo in all countries that have signed the Madrid Treaty.

Conclusion

After our country decided to join the WTO, some adjustments were made to the legislation regarding the regulation of legal relations between trademark owners and other persons. The Civil Code has highlighted a separate clause to indicate the sequence of registration, use of registered property. Over the past 5-10 years, the number of individual entrepreneurs has increased, which issue patents not only for the name of goods, packaging, but also for the services provided.

The presence of such a security document for services, packaging, store name, advertising slogan is a guarantee of security for the manufacturer, as well as a way to obtain material and moral compensation in the event that competitors want to use the products for profit without the consent of the copyright holder.


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