Contents
- What is a trademark?
- Differences between a trademark, a trade mark, and a brand
- Types of trademarks
- How to register a trademark?
- International trademark registration
What is a trademark?
A trademark is a unique designation protected by law that allows distinguishing the goods and services of a specific brand from similar products. It is a type of intellectual property that can take various forms: the name of a company or product, a logo, an advertising slogan, packaging, and even a smell, taste, and color. Legislation does not impose strict limitations on the types of trademarks, allowing for a diverse approach to their registration.
Registered trademarks are marked with the symbol ® and can be placed on packaging, in advertising, and other marketing materials. This marking indicates that the product is original, and its copying is illegal. However, the use of this symbol is voluntary for the owner. Alternatively, the phrases "trademark" or "registered trademark" may be used. In Russia, trademark registration is handled by Rospatent.
Differences between a trademark, a trade mark, and a brand
Often, a trademark (®) is confused with a trade mark (™). Both terms emphasize the uniqueness of the product and the manufacturer's responsibility for its quality; however, in Russian legislation, trade marks are not protected, nor are logos and brands. In international practice, the term "Trade mark" is a legal synonym for the Russian term "тoварный знак," and the symbols TM and R are considered equivalent.
A trade mark includes elements such as a name, logo, slogan, and product packaging, and after registration with Rospatent, it becomes a trademark. A logo, in turn, is a unique graphic element that helps increase the recognition of a trade mark. A brand is a broader concept that encompasses the recognition of a trade mark among consumers.
Types of trademarks
In the process of trademark registration, there are 11 types, among which are:
- Verbal: consist of words or combinations of words.
- Graphic: include only graphic elements.
- Three-dimensional: three-dimensional images.
- Animated: animated images or videos.
- Light: sequences of light effects.
- Positional: placement of the mark in a specific location.
- Holographic: images that change depending on the angle of view.
- Sound: musical notes or frequency graphics.
- Olfactory: scents registered with a description.
- Color: one or more colors.
- Combined: a combination of two or more types.
Each type of trademark has its own features and registration requirements. For example, verbal marks are often used for product and company names, while three-dimensional marks are used for unique packaging shapes.
How to register a trademark?
The trademark registration process includes several stages:
- Submit an application on the State Services website or Rospatent.
- Pay the state fee for examination.
- Wait for the results of the formal examination.
- Receive the results of the substantive examination.
- If registration is approved, pay the fee for the patent.
The exclusive right to a trademark lasts for 10 years, with the possibility of extension for an unlimited number of terms, provided the relevant applications are submitted in a timely manner.
International trademark registration
Trademark registration with Rospatent provides protection only within the territory of Russia. For international trade, it is necessary to obtain a foreign certificate. First, the trademark is registered in Russia, and then an international application is submitted through Rospatent to WIPO. The cost of international registration depends on the number and rates of the countries in which protection of the mark is sought.