Types of Trademarks
To stand out favorably among similar goods and services. And at the same time protect the company from fakes of their products, trademarks are used to be an imprint a logo, a drawing or even a smell - everything that will not allow the product to get lost in the market.
What is a trademark
This is a "business card" of goods and services provided by entrepreneurs and companies. The insignia must be recognizable, because it is needed to individualize the product.
Visually, a trademark looks like a verbal or graphic object that is applied to a product or its packaging. Belongs to intellectual property: it is unique. Which means that it was developed purposefully. In this case, the "business card" should:
- have distinctive features, not be similar to already used trademarks;
- not contain "abbreviations" that do not have a verbal explanation and a unique graphic design;
- do not use state symbols, as well as generally accepted designations;
- not mislead the buyer or be similar to the distinguishing feature of another company;
- comply with the ideas of morality and humanity;
- do not contain elements identifying foreign alcohol.
Types of trademarks
They can be different: graphic and verbal, sound and even olfactory. The main thing is that it is recognizable.
The most common trademarks are:
1. verbally
The name of the organization or product. These can be invented words or real ones - Elba, Comfort, MirKos. The same group also includes slogans: for example, like the Volkswagen concern - "Das Auto".
2. Graphically
Symbols, geometric shapes, drawings, letters and numbers - the figure of a mermaid at Starbucks, or a shell at the oil and gas company Shell.
3. Volumetric
Models - a three-dimensional form of packaging or containers - a recognizable bottle of Coca Cola or Hennessy cognac.
4. Combined
Words and symbols, graphics and custom packaging may be used. Adidas, Beeline, MTS have such “business cards”.
5. Sounds
Melodies can also act as trademarks, sound tracks - the “Intel” jingle, the heartbeat sound for Audi, the ringtone for Samsung.
What is the difference between a trademark and a logo, trademark and brand
Logo
It is a graphic image, symbol or sign. It is also used for product recognition. However, it will not be possible to register a logo in Russia. Since there is no legal definition for it. This is only one of the variants of a trademark that can presented as an image or a combination of a word and graphics.
Trademark
This is also an element of product recognition, designated by law. Such a "business card" is registered in foreign countries (USA, Great Britain).
Brand
This is a universal concept that can contain several varieties of trademarks: color, word, name.
What rights does the owner of a trademark have?
The copyright holder is protected from unscrupulous entrepreneurs. In this way they will not be able to use the results of someone else's work and sell their product under the same name or logo.
What other bonuses does the registration of a distinctive designation give:
- the entrepreneur can mark his products or documents for the provision of services
- it is allowed to place a security mark (®) next to the trademark
- demand financial compensation from the violator
- enter your mark in TROIS and without the permission of the owner, the product will not be able to be imported
- The right to use the mark can be assigned
- place advertisements without violating anyone's rights
- increase confidence in the eyes of consumers.
These preferences in the country where the trademark is registered. This means that in other countries "local" producers will be able to sell the product under a similar designation.
If an entrepreneur wants to expand the territorial possibilities of his trademark, he must submit an international application, where he lists the list of countries necessary for work. Each of them will conduct a separate procedure for consideration of the application and registration.
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