A trademark will help protect your services or products from unfair competitors. Examples of logos can be “peeped” by other companies by adding their own unique elements. If earlier such a procedure attracted only large companies, now the situation has changed.
Why do I need a logo
If an ordinary buyer wants to buy goods at a specified price from a specific company that he trusts, it suddenly turns out that this manufacturer has many "doubles" who produce their products under the same name. Moreover, they sell low-quality goods, and often also at a higher cost.
In such a situation, an honest producer incurs significant material losses. What to do in such cases? How to recover the losses incurred, attract a buyer, explain that there is no connection between your company and the "double"?
Important points
Try to develop an “identity” trademark. Examples of ready-made solutions are presented below. This sign is suitable for children's products. The colors chosen for him are associated with vivid emotions and impressions.
If you plan to produce fashionable clothes, shoes, accessories, you can use the ideas offered by well-known world brands, changing some details in them.
Features of choice
What might a trademark look like? The examples of visual, verbal signs offered in the photo attest to the importance of every detail. For example, for an office organization, you can develop a corporate identity. It includes a logo, certain colors, fonts, and other graphic elements that are used in identity (objects of printing, souvenir products involving the use of corporate identity).
To get your own logo, it must be patented. In this case, no one will be able to encroach on the honest name of your company.
Patenting Algorithm
How is a trademark application executed? An example can be found in the article. The application should include the following elements: a detailed description of the mark, a receipt of payment, a photograph of the logo being registered. Nowadays, in the services market there is a wide range of organizations whose specialization is patenting. Of course, you will have to pay for the provision of this service. First you need to pay the state fee, make an application for the registration procedure of your chosen trademark, indicating the location of the applicant, as well as his name, describing the trademark, a list of classes of ICGS that need legal protection.
Further, the registration of a trademark, an example of which is considered, involves filing an application with the Federal Institute of Industrial Property (FIPS). She is assigned a registration number, indicates the date of receipt of packages of documents. Then, the trademark is evaluated using the example of those that have already been registered, its purpose is to determine the uniqueness of the claimed mark. After the end of this stage, the trademark is examined for full compliance with all existing requirements of Russian legislation.
Duration of the procedure
Inspection can last up to 12 months. The appearance is analyzed, the verbal trademark is evaluated. Examples are carefully examined by experts. Upon receipt of a positive result, the trademark is registered in the State Register. From the moment of registration within 3 months you will receive a certificate for your trademark.
Examples of legal proceedings confirm that after receiving such a certificate, the “doubles”, when using the sign you have patented, will pay material damage to the organization.
In order to protect your company from low-quality "doubles", you will have to spend time and material resources on applying to Rospatent.
Register your own trademark
Many modern entrepreneurs register trademarks, realizing the importance of this procedure. First you need to choose a logo, think through all its details. After that, an application is filed with the patent office. Take care of the quality of the image of the trademark, the transfer of colors, because all the smallest details, including shades, will be spelled out in the certificate of registration. An example of a trademark application can be found in this material. Next, a formal procedure is carried out to verify the uniqueness of the claimed trademark.
Features of examinations
The essence of the formal examination is to verify the following points:
- payment of state duty for registration of a trademark;
- nature of the application;
- the presence in the submitted package of all the required documents, drawn up according to the model.
The formal examination period is one month after the date of registration of the application with the Patent Office.
If you have any questions to the applicant regarding the submitted application, the duration of the formal consideration may be extended. To the request made by the Patent Office, the applicant must be answered within no more than 2 months. If the Patent Office makes a positive decision on the submitted application, the applicant receives a notification that the application has been considered. At the same time, the notification indicates the filing date of the application.
After that, there is an examination of the designation, which is declared as a new trademark (logo) for uniqueness. There are several points specified in the Civil Code of the Russian Federation, according to which there is a check for the presence of trademarks of similar content that have passed registration, monitoring the absence of negative information in the claimed trademark. If the reviewers have any additional questions, representatives of the Patent Office send them to the applicant. The legislation does not have a clear time limit for the consideration of the application submitted by the applicant. In most cases, the duration of this stage of trademark registration is 12-15 months.
After the expiration of this period, the Patent Agency shall decide on the refusal of registration, or on the official fixation of the claimed trademark. If a positive decision is made, information about the new trademark is published in a special bulletin called “Trademarks”. In case of refusal to register, a state duty shall not be refunded.
In order to increase the chances of a positive outcome of registration actions, it is necessary to give a clear description of the trademark. It is advisable to study his example in advance in order to prevent annoying mistakes.
Conclusion
If you have filed an application for registration of a trademark, you should understand that after it is accepted, an additional examination of the uniqueness of the claimed mark should be carried out.
If similar symbols or verbal descriptions are revealed within its framework, the applicant will be offered to make minor adjustments to the design and semantics of the trademark. If this is not done, the agency will give a negative answer on the submitted application.
A detailed verification of the verbal components of the trademark, and individual elements of the image. For this, various databases are used that are associated with online access. If a similar trademark is found, but its graphic component is highly unique, then the applicant is invited to make changes only to the verbal description of his logo. If any graphic analogue of the trademark declared for registration is found, then an official refusal to implement the procedure of legalizing the logo will be sent. It should also be mentioned separately that in the event of such a refusal, the state duty will not be returned to the applicant.
That is why it is so important to take into account all the nuances when filling out an application for a title of protection for your products (services, invention). Any inaccuracy, poor quality colors, incomplete description may lead to a refusal to register the claimed image by the employees of the state registration authority.