Any modern company that respects itself and its customers cannot do without a special corporate identity and, therefore, without a trademark that allows it to be distinguished from other similar companies.
Definition
A trademark is understood as a combination of a company name, a brief texting of information and graphic details. This sign allows the manufacturer to show their individuality and uniqueness.
Own trademark is recognized by law as the intellectual property of an individual or legal entity and is protected by the Law on Intellectual Property. She is assigned a certain value on the balance sheet of the company (organization). Trademark refers to intangible assets. Rights to it can be sold or transferred, as well as create a franchise or mortgage in a bank.
Types of Trademarks
Today they are classified as follows:
- Verbal . This is usually a name with a combination of fonts. More than 80% of all trademarks belong to this category. An example is VTB, Honda, Adidas, etc. Famous slogans are also located here, which are also registered and protected by law. For example, Apple: “Think different.”
- Fine . This includes signs or graphics in which there are no verbal or letter elements. For example, the well-known crocodile Lacoste or the stroke of Nike.
- Combined . This is a combination of the first and second type of trademarks. They are called logos in everyday life. For example, the familiar payment system is MasterCard (a verbal name enclosed in two circles).
By the way, you can register the packaging form and color scheme.
Small clarification
A sustainable combination of "brand" in everyday life is used extremely rarely. More often you can hear the "logo", "brand" or "trademark". And if the meaning of these expressions is similar, then the concepts are different.
The word brand came from marketing. It implies the image of the product (service, company, organization) and its philosophy. “Logo” is a unique image that is applied to products. And only the word “trademark” carries a semantic load similar to the expression “trademark”.
None of the above expressions in Russian law is officially adopted. There is only the concept of “trademark”. This is discussed in Article 1477 of the Civil Code of the Russian Federation. And creating your own brand consists in issuing a certificate for a trademark.
Trademark Registration
Registration takes place in several stages. On some of them, it is recommended to consult specialists to facilitate the process and save money.
Stage one
The designed sign must be checked for uniqueness. And even before the application for registration is filed. You can do it yourself. Rospatent’s databases are freely available on the Internet (in our country, they mean the Federal Institute of Industrial Property - FIPS). But there are organizations that specialize in verifying the uniqueness of a registered mark.
This stage is quite responsible. Since the detected replay will entail a denial of registration and loss of paid state fees.
However, the absence of repetitions is not a guarantee of the admission of the Rospatent trademark. Office officials very often “meet” similar characters or graphic images and the applicant has to prove the uniqueness of the presented sign.
Companies that have passed this procedure recommend that beginners turn to professionals. Firms specializing in evaluating the uniqueness of a manufacturer’s trademark quickly reconcile and issue an opinion. They were fixed at the legislative level in the early 90s of the last century.
Patent Attorneys
That is, the institution of intermediaries officially appeared, whose duties include the protection of property in the field of intellectual law. These are patent attorneys. They represent the interests of the applicant for the registration of a trademark in Rospatent. A patent attorney requires only the details and the image of a trademark for his work. No more participation is required. Naturally, such registration of a trademark is more expensive, but the time period for obtaining a certificate is reduced by several times.
The help of attorneys significantly reduces the time required to register and confirm their uniqueness, which, in turn, reduces cash costs.
Today in Russia there are about 2,000 active patent attorneys. Their activities are regulated by civil law and the law of 30. 12. 2008, No. 316-FZ "On Patent Attorneys". Fees and other payments by patent attorneys are governed by the provisions of the Government.
Stage Two
The patented brand is always used unchanged. Therefore, special attention must be paid to the choice of the class of goods (services). For this, there is an international classifier (IKTU). In it, goods (services) are divided into 45 classes. Ten of them are dedicated to services, the rest to goods. Working with the catalog requires certain skills and knowledge. For example, the same name of a product (service) can refer to different classes, and you will have to search for it first by purpose, then by material of manufacture, etc. Methodological recommendations have been developed to work with the Rospatent classifier. It is advisable to start your work at this stage with them.
Stage Three
If the preparatory work is completed, you can apply for your own brand (its form is determined by order of Rospatent dated March 5, 2003 No. 32). To do this, you need a package of documents. It includes:
- an application for registration, in which the data of the individual (legal) person representing the trademark will be indicated;
- documents confirming payment of fees;
- An image of a future brand (8 copies) with a mandatory attachment with a description of the logo and a list of goods from the international classifier;
- certificate of state registration of an individual entrepreneur, or legal entity.
For the last category, the company's charter is added to the list, its copy certified by the head of the company with the OKPO code.
If the work of registration of a trademark was carried out by a patent attorney, then a notarized power of attorney is required.
Stage Four
Submission of prepared documents to Rospatent. There are several ways:
- personally in any of the departments of the department,
- by Russian post (with notification),
- fax (but originals are still required)
- an electronic application on the official FIPS website (for this you need to install special software and get a key),
- with the help of a patent intermediary.
On the day of receipt of the application with the attached documents, the Secretary of Rospatent prepares it and informs the registration number of the applicant.
Fifth stage
It consists in tracking the status of submitted documents for registration of your own brand. Documents accepted in the department undergo a formal examination. That is, the application is checked for the correctness of preparation and content, the availability of the necessary documents and their copies, etc. The whole process takes about two months. If there are no comments, Rospatent takes her to work.
Next, a substantial examination begins, which can last up to six months. At this time, there is an active reconciliation with the trademarks of Russia and the world, which is accompanied by correspondence with the applicant. Usually, experts require something to be clarified or supplemented. It is at this stage that unprepared (see stage one and two) applicants are “cut off”. If there are no comments and it is not necessary to uphold your innocence, the agency makes a decision on the registration of the trademark. In this case, the applicant receives an official letter from Rospatent.
It is possible to shorten the application period. For this, it is necessary to provide significant arguments for the earliest possible receipt of a certificate of uniqueness. For example, you can indicate that the products are delivered abroad.
Stage six
Obtaining the coveted certificate. After notification of a positive decision, the applicant must pay the state fee for obtaining a certificate and submit a payment document to Rospatent. Two months are allotted by law to issue a certificate. During this time, the patented mark is entered in the state register and published in the monthly official bulletin “Trademarks”. The received document must be renewed every ten years.
Having received it, the owner can sue and demand compensation for material and moral damage for unauthorized use of the trademark by third parties.
It is not that simple
A trademark in the modern world of consumption has its pros and cons. The advantages of your own brand include the following:
- reducing the impact of competitors on the sale of goods (service), as well as advertising and marketing costs;
- the establishment of its own pricing system,
- increase in margin,
- unconditional control over the distribution of goods (services) and its quality.
However, the manufacturer is faced with some problems. For example, when releasing goods or producing high-quality services, one cannot inflate prices. For competitors will immediately occupy the vacant niche. For this reason, for example, untwisted retailers do not allow similar product lines of competitors to their stores. In addition, the brand must be constantly promoted. And this is almost the main problem.
Possible mistakes
Most often they arise:
- if the applicant tried to independently determine the classes according to the International Classifier;
- the trademark was not unique;
- the designation is described incorrectly or inaccurately (for example, the color scheme);
- inaccuracies were made in the details for payment of state duty;
- The trademark has elements of state symbols or images of famous people (without their permission). A list of all prohibited characters is given in the Civil Code, article 1483.
Interesting offer
The exclusive offers the Metro trademark. The company's experts, focusing on the needs of their customers, whether they are small selling points or hotel or restaurant business professionals, are developing their own Metro trademarks. These are practical, modern and affordable (at a cost) offer. For some, this is a line of basic products (services), and for someone, complete sets for serving a hotel tomorrow at a minimum price.
The Metro portfolio already has six active focal brands designed for professionals, as well as a number of additional offers.
How to position your own brand product
According to marketers, positioning is the art of shaping the brand image in the presentation of the target audience. That is, a trademark should carry information about its advantageous difference from competitors. This is caused by combinations of characteristics such as distribution channels, touch, price, level of service, image (impression of advertising, PR), etc. In a global sense, positioning is a company’s activity aimed at convincing consumers of a significant difference between its products (service) and competitors.