In modern society, equal economic conditions are created for different producers. Competitive rules are being introduced into their activities, their responsibility for the results of their work is increasing. The need to saturate the market with services and products to meet the needs of the population determines the objective need to create a legal mechanism that would ensure the proper individualization of manufacturers. Of no small importance in solving this problem is a trademark (trademark). Let's take a closer look at it.
Trade brand mark
For every enterprise that launches its products on the market, it is important to take care of its recognition by consumers. This area is handled by marketers. They draw up a trademark, a product logo. The choice of products by the buyer is not always rational and is based on its consumer characteristics. Often it is determined by associative perception, through symbolism, through which ideas about the product are formed. Studies show that approximately 85%purchase decisions are made based on visual information. In this regard, the main task that the trademark sign performs is the individualization of the product, distinguishing it from other similar products, conveying to the consumer information that this particular product is the best. Thus, the image of the product is formed.
Trademark vs Trademark: What's the Difference?
At its core, these two concepts mean about the same thing. There are no fundamental differences between them. Trademarks are introduced at the legislative level. As for the second term, it acts as a literal translation of the abbreviation TM - trade mark. This concept is used in international law. At the same time, it must be said that the use of the terms "brand", "trademark" will be incorrect from the point of view of domestic legislation. These categories are not registered in the Russian Federation. Trademarks are symbols of manufacturers, indicating their responsibility for product quality.
Specifics
In the Civil Code, trademarks are defined as means of individualization of services, works, products. They act as a right belonging to the enterprise. In accordance with the Paris Convention, trademarks act as integral attributes of goods allowed for sale. They are not only an advertisement of the manufacturer, but also express responsibility for quality. In this regard, such a mark as, for example, "Made in Russia" or "Maid in China" is not a trademark. In themthere is no specific address of the manufacturer, the name of the enterprise where you can contact for quality issues.
Requirements
Trademarks are registered under certain conditions. In particular, each new symbol must be original. It cannot repeat those already registered and existing on the market. Trademarks do not indicate the special properties of the product or its high quality, do not contain information that may mislead the buyer. For example, the Eiffel Tower should not be placed on the perfume, as the consumer may think that they are directly from France. Trademarks of Russia may include a definition that indicates the origin of products. For example, everyone knows "Ural Gems", "Gardens of the Don", etc. There are more than 5 million such symbols in the world today. In today's market conditions, it is fair to say that competition has shifted towards the images of manufacturers.
Relevance of use
The modern market is characterized by a wide range of competition. Manufacturers and sellers seek to attract the maximum number of buyers to the products sold and manufactured. Businesses also solve the problem of retaining existing consumers and customers. All this has significantly intensified the use of brands and trademarks in commercial activities. According to the definition of the American Marketing Association, sweat TM should be understood as a name, symbol, term, drawing, or a combination of them,necessary to identify the products or services of one or more enterprises, differentiating their products from those of competitors. It follows that trademarks are assigned to products that satisfy the same needs of the buyer. At the same time, the products of some companies have certain properties that differentiate it from the goods of other enterprises. These differences can be tangible, rational, functional, and related to product performance. They can be intangible, emotional, symbolic. These properties relate directly to the external representation of the product.
Legislative framework in the Russian Federation
In the regulations, a trademark and a service mark are defined as designations capable of differentiating products and services of some organizations and individuals from homogeneous products of other business entities. Symbols, in addition to establishing differences, allow you to establish certain connections between producers, sellers and consumers. Within the framework of competition, the reaction of the buyer to trademarks and, accordingly, to products through them, largely determines the position of the enterprise in the market.
Important moment
The Russian Federation has Law No. 3520 - I. It regulates issues related to trademarks, service marks and appellations of origin. Legal protection of symbols is provided in accordance with the state registration. An appropriate certificate is issued for the trademark. Registration is valid for 10 yearsfrom the date the application was received by the Patent Office. At the request of the owner of the symbol, the period may be extended.
Rejection of registration
It is allowed on relative or absolute grounds. The latter relate to the internal content of the mark, the former to the existing rights of third parties. For absolute reasons, it is not allowed to register symbols that consist of symbols:
- Without differentiating ability. For example, it can only be lines, individual letters, numbers, geometric shapes that do not contain design or original composition. They also include common abbreviations (TsKB, LLC, etc.), schematic and realistic images of goods.
- Represented in the form of state emblems, coats of arms, flags, consisting of country names and their symbols, full or abbreviated names of intergovernmental international organizations, official assay, guarantee and control marks, awards, seals and other distinctive signs similar to them to the point of mixing.
Registration is carried out in the name of an organization or individual engaged in commercial activities. A foreign company or a citizen can act as the owner of a trademark in the Russian Federation under the same conditions as Russian entities.
Number of holders
Depending on the number of persons who have the right to own the trademark, the symbols can be:
- Customized. In this case, the owner is one organization or an individual.
- Collective. Such trademarks are held by business associations, unions or other voluntary business associations. They are intended to identify manufactured or sold products that have the same quality or other common properties.
The right to a trademark, which acts as a legally defined object, can be transferred by its owner to other persons. At the same time, a license agreement is concluded. The subject - the owner of the mark - may also sell his right to it. In this case, an assignment agreement is drawn up.
