Private label manufacturer and retail company. Trademark registration

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2018-03-17 22:16:04

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Any modern company that respects itself and its customers, not without a special corporate style and, therefore, no brand, allowing to allocate it among the other similar companies.

Definition

Under the brand, understand the totality of the company name, a short text, information and graphic details. This sign gives the manufacturer an opportunity to show their personality and uniqueness.

Private label

Own brand recognized by the law of intellectual property by physical or legal persons protected by the law “intellectual property”. It is assigned a certain value on the balance sheet of the company (organization). A trademark refers to intangible assets. Law it is possible to sell or transfer, and create a franchise or to put in the Bank.

Types of trademarks

Today, their klassificeret as follows:

  1. Verbal. Usually it's a name with a combination of fonts. More than 80% of all trademarks belong to this category. As example, «VTB", Honda, Adidas, etc. Here are the famous slogans are also registered and protected by law. For example, Apple “Think different”.
  2. Fine. This includes symbols, or graphical images, in which there are no verbal or literal elements. For example, the well-known Lacoste crocodile or the stroke of Nike.
  3. Combined. It is a combination of the first and the second trademarks. Them in everyday life is called the logos. For example, familiar to many payment system – MasterCard (verbal name, enclosed in two circles).

By the Way, you can register packing form and color.

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Small update

Sustainable combination of ‘trade mark” in the home is rarely used. It is much more common to hear “logo”, “brand” or “treydmark”. And if the meaning of these expressions is similar, the concepts are different.

The Word “brand” came from marketing. It implies the image of a product (service, company, organization) and its philosophy. “Logo” – a unique image that is applied to the products. And just the word “treydmark” has a meaning similar to the expression “trade mark”.

trademark Registration

None of the above expressions in the Russian legislation is not accepted officially. There is only the concept of “trademark”. It is covered in article 1477 of the Civil code of the Russian Federation. And the creation of its own brand lies in the issuance of the trademark certificate.

Trademark Registration

Registration takes place in several stages. Some of them to facilitate the process and savings are recommended to contact the experts.

Step one

Designed sign should be checked for uniqueness. And even before the application for registration. You can do it yourself. The Internet free access databases of Rospatent (in our country it is understood as Federal Institute of industrial property - FIPS). But there are organizations specializing in testing uniqueness of the registered mark.

This step is pretty important. Since discovered the replay would entail the denial of registration and loss of paid amounts of state duty.

However the lack of repeats is not a guarantee pass trademarks Rospatent. Ministry officials very often “meet” a similar character or graphics and the applicant has to prove the uniqueness of the presented token.

The Company passed such a procedure, it is recommended to beginners to turn to professionals. Firm specializing in the evaluation of the uniqueness of the trademark of the manufacturer, promptly conduct a reconciliation and give a conclusion. They were secured at the legislative level in the early 90-ies of the last century.

Patent attorneys

That is officially a facilitator whose responsibilities include protection of property in the field of intellectual property law. Is patent attorneys. They represent the interests of the applicant for the registration of trademarks in Rospatent. Patent attorney requires for its operation only the contact details and image of the trademark. More participation of the applicant is not required. Naturally, such a trademark is registered is more expensive, but the date of receipt of certificate is reduced significantly.

brand manufacturer

Help attorneys significantly reduces the time of registration and confirmation of uniqueness, which in turn reduces expenses.

Today, Russia has approximately 2,000 patent attorneys. Their activities are regulated by civil law and the law dated 30. 12. 2008 № 316-FZ «About patent attorneys». Fees and other payments of patent attorneys are governed by the provisions of the Government.

Step two

Patented brand is always used in unchanged form. Therefore, special attention should be paid to the choice of the class of goods (services). To do this, there is the international classification (nice classification). It products (services) are divided into 45 classes. Ten of them are devoted to services, the remaining goods. The directory requires certain skills and knowledge. For example, the same name of the product (services) can belong to different classes, and'll have to find him first by appointment, then by material of construction, etc. To work with the classifier Rospatent developed guidelines. Preferably your work at this stage to start with them.

Step three

If the preparatory work is completed, you can apply for your own trademark (its form is determined by the order of Rospatent from March 5, 2003, No. 32). This will require the documents. It includes:

- the registration statement, which will include the data of physical (legal) person representing the trade mark;

- the documents confirming payment of fees;

the image of the future of the brand (8 copies) with Appendix describing the logo and the goods list of the international classification;

- the certificate on the state registration of individual entrepreneur, or legal entity.

For the latter, the list is added to the articles of Association, certified by the head of the company a copy of the code of OKPO.

If the registration of the trademark was engaged a patent attorney, it is necessary to have a notarized power of attorney.

Trade mark of Russian

Step four

Submission of the documents to Rospatent. There are several ways:

- personally at any office of the Department,

- (notification)

with the Fax (but the originals still need)

- electronic application on the official FIPS website (you need to install special software and get the key),

- using a patent broker.

On the day of receipt of the application with attached documents, the Secretary General of Rospatent draws it and inform the applicant of the registration number.

Step five

Is tracking the status of documents submitted for registration of its own trademarks. Taken in office the documents pass the formal examination. That is, it checks the application for accuracy and content, the availability of necessary documents and their copies, and so the Whole process takes about two months. If there are no comments, Rospatent takes her to work.

Then begins the substantive examination, which can last up to six months. At this time there is an active check trademarks of Russia and the world, which is accompanied by correspondence with the applicant. Typically, experts require to clarify or Supplement. It is at this stage “cut” unprepared (see stage one and two) applicants. If there are no comments and to defend their case is not necessary, the office shall decide on the registration of trademarks. In this case, the applicant receives an official letter from the Agency.

trademark

There is a possibility of the completion of the application to reduce. You will need to provide strong arguments for the early receipt of the certificate of uniqueness. For example, you can specify that the products are supplied abroad.

Step six

Getting the coveted certificate. Upon notification of a positive decision, the applicant must pay the state fee for a certificate and submit payment documents to Rospatent. Certificate law a two-month deadline. During this time, the patented mark entered in the state register and published in the monthly official Bulletin “Trademarks”. The resulting document is required to renew every ten years.

With that, the owner may apply to the court and demand compensation for material and moral damages for the misuse of trademarks by third-parties.

Not so simple

Trademark in the modern world of consumption has its pros and cons. The advantages of own brands include the following:

- reducing the impact of competition on sales of goods (services), and also the cost of the rivers...


Article in other languages:

AR: https://www.tostpost.com/ar/the-law/12244-private-label-manufacturer-and-retail-company-trademark-registration.html

BE: https://www.tostpost.com/be/zakon/21955-lasnaya-gandlevaya-marka-vytvorcy-rozn-chnaga-gandlevaga-pradpryemstva.html

DE: https://www.tostpost.com/de/das-gesetz/21958-die-eigene-marke-des-herstellers-und-retail-handelsunternehmen-die-reg.html

ES: https://www.tostpost.com/es/la-ley/21978-propia-marca-de-fabricante-y-minorista-de-la-empresa-comercial-el-regi.html

HI: https://www.tostpost.com/hi/the-law/12257-private-label-manufacturer-and-retail-company-trademark-registration.html

JA: https://www.tostpost.com/ja/the-law/12261-private-label-manufacturer-and-retail-company-trademark-registration.html

KK: https://www.tostpost.com/kk/za/21943-z-nd-k-sauda-markasy-nd-rush-men-b-lshek-sauda-sauda-k-s-poryndar-t-rk.html

PL: https://www.tostpost.com/pl/prawo/21898-w-asna-marka-producenta-i-sprzedawcy-przedsi-biorstwa-handlowego-rejes.html

PT: https://www.tostpost.com/pt/a-lei/21901-uma-marca-do-fabricante-e-o-shopping-de-varejo-da-empresa-o-registo-de.html

TR: https://www.tostpost.com/tr/hukuk/21952-zel-marka-reticisi-ve-perakende-al-veri-kurulu-marka-tescili.html

UK: https://www.tostpost.com/uk/zakon/21926-vlasna-torgova-marka-virobnika-rozdr-bnogo-torgovogo-p-dpri-mstva-re-s.html

ZH: https://www.tostpost.com/zh/the-law/13025-private-label-manufacturer-and-retail-company-trademark-registration.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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