Trademarks of Russia. Trademark and trademark - what's the difference?

In modern society, equal economic conditions are created for different commodity producers. In their activities, competitive rules are introduced, their responsibility for the results of their work is increased. The need to saturate the market with services and products to meet the needs of the population determines the objective need for a legal mechanism that would ensure the proper individualization of producers. Important in the solution of this problem is a trademark (trade mark). Let's consider it in more detail.

Trademark sign

For each enterprise that produces its products on the market, it is important to take care of its recognition by consumers. This area is handled by marketing specialists. They draw up a trademark, product logo. The choice of the product by the buyer is not always rational and is based on its consumer characteristics. Often, it is determined by associative perception, through the symbolism, through which representations of the product are formed. Studies show that approximately 85% of purchasing decisions are made on the basis of visual information. In this regard, the main task performed by the trademark sign is the individualization of the product, its allocation among other similar products, the delivery to the consumer of information that this particular product is the best. Thus, the image of the goods is formed.

Trademark and trademark: what is the difference?

In essence, 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 applied in international law. Thus it is necessary to say 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 - the symbols of manufacturers, indicating their responsibility for the quality of products.

Specificity

In the Civil Code, trademarks are defined as means of individualizing services, works, products. They act as the right belonging to the enterprise. In accordance with the Paris Convention, trademarks act as indispensable 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 stigma, such as "Made in Russia" or "Maid in China" - is not a trademark. In them there is no specific address of the manufacturer, the name of the enterprise, where one can turn to the questions of quality.

Requirements

Trademarks are registered on certain terms. In particular, each new symbol must be original. It can not be repeated already registered and existing on the market. Trademarks do not indicate the special properties of the product or its high quality, does not contain information that may mislead the buyer. For example, perfume can not be placed on the Eiffel Tower, because the consumer might think that they are directly from France. Trademarks of Russia may include a definition that indicates the origin of the product. For example, everyone knows the "Ural Gems", "Gardens of the Sea", etc. There are more than 5 million such symbols in the world today. In modern market conditions, it is considered fair that competition has shifted to the image of producers.

Urgency of use

The modern market is characterized by a wide scale of competition. Manufacturers and sellers strive to attract the maximum number of buyers to the products being sold and manufactured. Enterprises also solve the task of retaining existing customers and customers. All this significantly intensified the use of brands and trademarks in commercial activities. According to the definition of the American Marketing Association, TM sweat should be understood as the name, symbol, term, figure or combination thereof, necessary to identify the products or services of one or more enterprises, differentiate their products from competitors' products. From this it follows that the trademarks are assigned to products that satisfy the same needs of the buyer. In this case, the production of some companies has certain properties that differentiate it from the goods of other enterprises. These differences can be tangible, rational, functional and relate to the performance characteristics of products. They can be intangible, emotional, symbolic. These properties relate directly to the external view of the product.

Legislative base in the Russian Federation

In regulatory acts, a trademark and service mark are defined as designations capable of differentiating products and services of certain organizations and individuals from homogeneous products of other economic entities. Symbols, except for the establishment of differences, allow establishing certain relationships between producers, sellers and consumers. In the context of competition, the buyer's reaction to trademarks and, accordingly, through them, to goods, largely determines the position of the enterprise in the market.

An Important Moment

The Law No. 3520-I acts in the Russian Federation. It regulates issues relating to trademarks, service marks and appellations of origin. Legal protection of symbols is granted in accordance with state registration. A certificate is issued for the trade mark. Registration is valid for 10 years from the date when the application was received by the Patent Office. At the request of the owner of the symbol, the term can be extended.

Failure to register

It is allowed on relative or absolute grounds. The latter relate to the internal content of the sign, the former to the existing rights of third parties. For absolute reasons, it is not allowed to register characters that consist of notation:

1. Not possessing differentiating ability. For example, it can only be lines, individual letters, numbers, geometric shapes that do not contain the design or the original composition. They also include common abbreviations (CDB, LLC, etc.), schematic and realistic images of goods.
2. Presented 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 a degree of confusion.

Registration is carried out in the name of the organization or individuals engaged in commercial activities. As a trademark owner in Russia, a foreign company or citizen can act on the same terms as Russian entities.

Number of Owners

Depending on the number of persons holding the right to own a trademark, the symbols can be:

1. Individual. In this case, the owner is one organization or an individual.
2. Collective. Such trademarks are available from economic associations, unions or other voluntary business associations. They are intended for identification of manufactured or sold products, which have unified qualitative or other common properties.

The right to a trademark entering as a legally defined object may be transferred by its owner to other persons. At the same time, a license agreement is concluded. The subject - the owner of the mark - can also sell his right to it. At the same time, an agreement on concession is drawn up.