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 causes an objective need to create a legal mechanism that would ensure the proper individualization of manufacturers. Equally important in solving this problem is the trademark (trademark). Let's consider it in more detail.
Trademark sign
For each enterprise that launches its products on the market, care is important about its recognition by consumers. Marketing professionals are involved in this area. They draw up a trademark, 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 the symbolism by which ideas about the product are formed. Studies show that approximately 85% of purchasing decisions are made based on visual information. In this regard, the main task performed by the trademark is the individualization of the product, highlighting it among other similar products, informing the consumer that this particular product is the best. Thus, the image of the product is formed.
Trademark and trademark: what is the difference?
At their core, these two concepts mean roughly the same thing. There are no fundamental differences between them. Trademarks 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. 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 are manufacturers' symbols indicating their responsibility for product quality.
Specificity
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 permitted for sale. They are not only advertising 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. They do not have a specific address of the manufacturer, the name of the company, where you can contact on quality issues.
Requirements
Trademarks are registered on certain conditions. In particular, each new character must be original. He can not repeat already registered and existing in 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, you can’t place the Eiffel Tower on perfumes, because the consumer might think that they are directly from France. Russian trademarks may include a definition that indicates the origin of the product. For example, everyone knows the Ural Gems, The Pridonya Gardens, etc. In the world today there are more than 5 million such symbols. In modern market conditions, it is considered fair that competition has shifted towards the images of manufacturers.
Relevance of use
The modern market is characterized by widespread competition. Manufacturers and sellers seek to attract the maximum number of buyers to the products being sold and manufactured. Enterprises also solve the problem 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, pattern or combination thereof necessary to identify the products or services of one or more enterprises, differentiate their products from competitors' products. It follows that trademarks are assigned to products that satisfy the same customer needs. 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 relate to the operational characteristics of the products. They can be intangible, emotional, symbolic. These properties relate directly to the external representation of the product.
The legislative framework in the Russian Federation
In normative acts, a trademark and a service mark are defined as designations that can differentiate 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 relationships between manufacturers, sellers and consumers. Within the framework of competition, the buyer's reaction to trademarks and, accordingly, through them, to goods, largely determines the company's position in the market.
Important point
Law No. 3520 - I is applicable in the Russian Federation. It regulates issues related to trademarks, service marks and appellations of origin. Legal protection of symbols is provided in accordance with state registration. A corresponding certificate is issued for the trademark. Registration is valid for 10 years from the date on which the application was received by the Patent Office. At the request of the owner of the symbol, the period may be extended.
Registration Failure
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 the following symbols:
- Not possessing differentiating ability. For example, it can only be lines, individual letters, numbers, geometric shapes that do not contain a design or an original composition. They also include common abbreviations (CCB, LLC, etc.), schematic and realistic images of goods.
- Presented in the form of state emblems, emblems, flags, consisting of the names of countries 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 confusion.
Registration is carried out in the name of the organization or individual engaged in commercial activities. A foreign company or a citizen may act as the owner of a trademark in the Russian Federation under the same conditions as Russian entities.
The number of owners
Depending on the number of persons with the right to own a trademark, the symbols may be:
- Individualized. In this case, the owner is one organization or an individual.
- Collective. Such trademarks are owned by business associations, unions or other voluntary business associations. They are intended to identify manufactured or marketed products that have the same quality or other common properties.
The right to a trademark entering into a legally defined object may be transferred by its owner to other persons. In this case, a license agreement is concluded. The subject - the owner of the mark - may also sell its right to it. At the same time, an assignment agreement is drawn up.