In order to emphasize the uniqueness of any product or product, the term "trademark" is used. It helps to distinguish the services of different manufacturers. Its legal owner may be an individual with a legal form of IP or a legal entity with any legal form engaged in entrepreneurial activities.
What is a trademark?
A trademark is a designation necessary for the individualization of products, consumer services. The right to it is protected by law. The owner of the mark may prohibit other persons from using it without prior agreement. If a trade mark or a symbol similar to it has been illegally affixed to the label or packaging of the product, then such products are considered counterfeit and must be destroyed.
When a trademark is registered, its holder receives a special certificate. By law, individual designations can be images, words and other combinations of any color. The main condition is that the sign has a certain degree of recognition and distinction among similar goods and services.
Trademark and trademark - differences
The notion of a trademark and a trademark is interpreted almost identically. There are no big differences between them. But if the trademark is introduced into the business at the legislative level, then the trademark is a translation of the TM abbreviation (trade mark). It is not registered by producers, and is applied only at the international level. A trademark is one of the components of a brand, indicating that its owner is responsible for the quality of its products or services.
Trademark functions
Each trademark performs a number of functions:
- Distinctive . It is the main property, as the set of symbols and images denotes the individuality of the manufacturer of the product. To successfully sell the product, the sign should be bright and memorable.
- Identification or information . It is necessary for identifying objects, relying on distinctive features. Thanks to the logo, consumers can identify the belonging of consumer goods.
- Individualizing . It emphasizes the belonging of the goods to a particular group of goods and the producer.
- Advertising . To promote the brand well, it is necessary to create it easily recognizable, noticeable on packages. The correct registration of a trademark is important. At consumers it should cause pleasant associations.
- Warranty . This function is necessary for the entrepreneur to adhere to high quality, otherwise the trademark will be discredited.
- Security . In the legislation there is legal protection of a trademark. Thanks to it, the manufacturer can protect his goods from fakes. If another owner wants to illegally use the brand, he will break the law. For this will have to be responsible.
- Psychological . This function is closely related to advertising. If a consumer saw a sign on a product that had previously proved itself well, then he will know that this is a high-quality product.
Types of Trademarks
All trademarks are divided into types by objects, form of expression, ownership. On objects there are two types of signs: branded and assorted. By ownership of the entrepreneur brands can be collective and individual. There is one more variety - a combined trademark, which combines sounds, words and images. According to the form of expression, the distinctive signs of goods are divided into the following:
- verbal;
- three-dimensional;
- Fine;
- sound.
Trademark registration
To become a brand owner, you need to obtain rights on it, having previously created a unique designation. You can register a trademark by contacting state authorities with authority. A character is assigned a certain class or several classes. Depending on their amount, the cost of the registration procedure will be different. The more classes, the more expensive the price.
Before you patented a trademark, you need to carefully examine which characters and images can be allowed to conduct the registration. There are a number of signs forbidden for uniqueness of the goods, in case they provide unreliable information to the consumer, misleading.
Trademark protection
The owner is liable for the use of the trademark, as well as for its illegal appropriation. To protect the registered brand, the letter "R" is used. It is customary to place it on the left above the logo, but it can be placed in another place. If you have this Latin letter, you can be sure that the trademark is registered and a special certificate has been issued for it.