Let's talk in an article on how to patent a company name. Why is such a procedure necessary? In order to protect their products from fakes, dishonest competitors, entrepreneurs are forced to patent the name of the company.
From a legal point of view, they say about a trademark (trademark, brand, company logo), implying that it is the state that protects it. If you patent the logo and name of the company (product), you can expect to receive material compensation by a court decision in cases where the name will be used for personal gain by competitors. If the procedure for official obtaining exclusive rights to the company name has not been carried out, it will be impossible to prove material and moral damage. In this case, the company will lose not only money, but serious damage will be done to its business reputation.
Action algorithm
In order to patent the logo and name, there is a certain algorithm. Let's analyze it in more detail. So, registration actions for registration of rights to a trademark involve three main operations.
To understand in detail how to patent a company name and logo, let us dwell on each step in more detail.
First step
At the initial stage, the establishment of the real possibility of registering a new name in the form of a trademark is carried out . Such a stage can be carried out independently, using only those trademark databases that exist in the public domain on the Internet. Discussing how to patent a company name without unnecessary trouble, we note that you can seek help from a patent representative.
Useful Tips
If you decide to conclude a contract to verify uniqueness with a representative of the patent office, please note that in this case you have a much greater chance that the check will be complete. Patent attorneys have access to such databases of trademarks that are closed to ordinary users of the World Wide Web. In addition, when discussing how to patent the name of a store, it is important to recall that there are certain restrictions in Russian law regarding trademarks, their appearance, description, and visual elements.
It is impossible to independently evaluate all the details of registration, therefore it is better to seek the help of a specialist from one of the many patent organizations that have special licenses for such activities.
Second phase
We continue the discussion on how to patent the name. The next step is to check the new sign for uniqueness. The similarity of the new name is analyzed not only with those signs that have already been registered, but also with logos submitted for registration. Such a check can significantly save the applicant’s money. It is during the preliminary check that you can evaluate the success of subsequent registration, and if necessary, make timely changes, additions to the description of the store name, its appearance. This will significantly increase the uniqueness of the mark, the chances of obtaining unique rights to it.
Verification Duration
Speaking about how to patent the name, we note that the preliminary examination by the patent organization specialists of the uniqueness of the logo significantly increases the chances of a positive result of all registration actions.
On the audit takes an average of 2-3 days. Further, the applicant receives a full response, which assessed the chances of registering the mark. If the protectability of the new image (sign) is deemed insignificant, then certain changes can be made. Only then can you prepare an application package for Rospatent.
Description of documents
Documents submitted to this government department require a detailed description of the name itself, its photograph, as well as the provision of a payment document (receipt of payment of the logo registration fee). It is important to clearly indicate the applicant’s legal address in the application so that there are no problems, if necessary, to answer questions from Rospatent employees. In addition, it is important to choose the classification according to the ICGS for the future brand, it is better to entrust such a choice to professionals. If there are no problems with the package of documents, after conducting substantive examination, the applicant will receive an official certificate of ownership of the trademark.
How to register a trademark
If in the last century only large companies were engaged in the registration of trademarks (brands) , now even representatives of small businesses are trying to carry out a similar procedure. We will understand all the details of how to patent the name in Russia for our store.
Among the many reasons that encourage business representatives to spend time and money on such actions is the desire to protect their business reputation from dishonest competitors. Own brand helps firms attract new customers, business partners, make their goods or services recognizable and in demand.
What is a logo
Talking about how to patent the name and logo in Russia, let us dwell on the definition of a trademark. It is considered a verbal designation or graphic image that has an official patent for use. In our country, there is a special department whose responsibilities include the regulation of all issues related to registration, application of intellectual property rights. In order for registration actions related to obtaining a patent for a trademark to be successful, we advise you to contact the official patent representatives. You don’t have to waste time collecting documents, answering questions posed by the representatives of Rospatent, it will be enough just to come up with a unique sign, conclude a cooperation agreement with the patent representative, transfer to him the right to represent your interests in Rospatent and patiently wait for the results of the examination.
When can I get a registration refusal?
There are certain restrictions that are mentioned in Russian law, the violation of which leads to a refusal to register a logo. For example, it is impossible to register such signs that are capable of offending the dignity of people, or which contain in their composition world art and literary values, generally accepted designations and expressions. If your plans include conducting business not only on the territory of the Russian Federation, but also abroad, in this case it is better to immediately conduct an international registration. It will be a little more expensive, but you will get guaranteed protection of your intellectual property from the actions of competitors in the countries that are part of the Madrid Treaty. After you come up with a unique trademark, you can begin to collect application documentation. Do not forget that legal entities and individual entrepreneurs have the right to file an application for registration of a trademark, and individuals do not have such rights.
Conclusion
Arguing on how to patent the name, we single out the advantages that an entrepreneur receives by receiving a document confirming his right to the name of the store (company). In addition to the recognition of the products offered by the company, among the pluses, we also highlight the opportunity to hold accountable those enterprises that, without the permission of the owner of the logo, decided to use it to obtain their own material benefits.
An entrepreneur whose company holds a patent for the name of the store may file a claim. During the meeting, he will present a letter of protection as irrefutable evidence of the illegality of a competitor, will be able to rely on material compensation, as well as compensation for moral damage caused by unlawful actions of the store’s reputation.
There are many other positive parameters that an individual entrepreneur acquires after he becomes a happy owner of the rights to his trading brand. No one will have the right, without the permission of the owner, to use the name of the store for advertising purposes. Thanks to its own logo, the company receives additional trust from business partners and ordinary customers.
The owner of a trade brand also has the right to lease his trademark. The benefit will be monthly income. In order for the transaction to be recognized as legal, it is necessary to sign an agreement on the transfer of rights to a trademark (logo).
In order to create your own business, you will need special paraphernalia, as well as some kind of identification mark. In the Federal Law of the Russian Federation there is such a definition as “trademark”, which is a similar identification mark.
A trademark is considered to be the result of intellectual property, therefore it can be protected by law, but for this a trademark must have a special certificate, that is, its state registration is carried out. In the legislation there is such a designation as “TM”, most often these letters are located in the upper right part of the sign. In addition, you can see the letter “R” in the form of a circle, such a sign can be used only by manufacturers who have officially completed the registration of their logos in Rospatent. Under Russian law, third parties and organizations do not have the right to use such marks in their own selfish interests, since the owner of the rights to the mark may file a lawsuit in violation of the rights to his intellectual property to the court.