Means of individualization of a legal entity, goods, services, works (description, definition and list)

Means of individualization of a legal entity belong to the category of intellectual law. There are a lot of plagiarism in the world: books, articles, stories, music tracks, etc. The sphere of marketing is not an exception. "Parasitic competition" and the use of someone else's brand are the most common cases in the business world. More details on what means of individualization are and how they are protected legally will be discussed later.

The concept of

In the world of competition, each entity wants to "stand out", be noticeable among the other firms producing (providing) a similar product (service). Means of individualization serve these purposes.

The Civil Code of the Russian Federation does not give a generalized official name, but only describes some of their types. It is a mistake to use the notion of "means of individualizing the results of intellectual activity". For example, a similar phrase is used for a computer program, some bestsellers, films, etc. They are protected by copyright laws and have nothing to do with the economy.

To make this clearer, let's give an example. Famous books about Harry Potter in the English edition were published with a certain cover, which depicted an actor who played a famous literary character. She also attended the arms of the school "Hoggwarts." This cover in conjunction with the novel and falls under the category of "means of individualization of the results of intellectual activity." Copying the text itself without this "shell" will also violate copyrights. But the claim for material damage will be filed by the author of the novel, and not the company that publishes it.

We will talk about the means of individualization of a legal entity.

Kinds

There are four types of Russian legislation:

• Brand name.
• Trademarks.
• Commercial designation.
• Place of origin of goods.

Geographical "homeland" of products does not give exclusivity to the manufacturer for the right to use. This category is used to protect consumers from inaccurate information.

"Where is the firewood?"

Let us give an example. Often honey producers can write on their products "Made in Altai". It is believed that this is one of the ecologically clean regions of our country. Products with such markings will be most in demand among food groups of goods.

But the bees "worked" in Chelyabinsk, where there are many metallurgical enterprises. The substitution of the place of origin of the goods misleads consumers.

Nobody has the exclusive right to use the marking "Made in Altai". Any firm that produces products in this region can apply it on packaging.

Exclusive right

The Civil Code presupposes certain persons (owners) to enjoy exclusive rights to means of individualization. They can use them at their own discretion:

• Distribute products with a specific logo.
• Prohibit or authorize the use of trademarks.

At what point does the exclusive right come into play?

Means of individualization arise on various grounds. Depending on this, a certain type of exclusive right is granted to someone when certain conditions are met:

• Use of the company name - after the state registration of jur. Person and its inclusion in the Unified State Register of Legal Entities.
• The right to brands, trademarks, appellations of origin - after approval by Rospatent.
• On a commercial image - at the time of acquiring fame in a certain territory.

After passing through all procedures, only the right to use the logo, trademark, name, etc. comes into play. This means that without authorizing the owner it is illegal to use any patented designation in advertising, on products, on Internet resources, etc.

Validity of the exclusive right

But it is a mistake to say that it is enough time to "stake out" a commodity brand in Rospatent, and the exclusive right to it is given for life. The trademark terminates after 10 years, if it is not renewed.

The right to commercial designation will cease to be valid after the loss of the company's fame on a certain territory. The firm name ceases to be effective after the liquidation or reorganization of the enterprise.

How to protect exclusive rights to the means of individualization of goods, services?

To protect the right to use a trademark or name, you can use the following method:

• Appeal to the Federal Antimonopoly Service.
• Through the court.
• Appeal to Rospatent.

The last state body on the list deals with contentious issues related to the application of TK. For example, one company suspected of plagiarizing its brand another. But she denies her guilt and claims that her logo was developed independently. The way out is an appeal to Rospatent, which will check all the circumstances of the incident and send the materials to the court.

The Antimonopoly Service protects producers against unfair competition (illegal "copying" of products, trademarks, etc.).

In any case, an entrepreneur in respect of whom the exclusive right to means of individualization is violated may apply to the court to compensate for material or other harm (for example, loss of reputation).

Entity

Individualization of a legal entity is carried out by determining the location and name, which must necessarily include the organizational and legal form. For example, OOO Avangard, or MUP Gorseti, etc.

In addition, individualization refers to goods and services, trademarks and brands. About this in more detail.

Trademark or sign: what's the difference?

A trademark is a mandatory verbal way of individualization. Includes:

• The name of the product.
• Manufacturer's data.
• Compliance.
• Composition and properties of products.
• Other mandatory data (for example, information on hazards and precautions).

A trademark is a description of the goods on packages, labels, etc. In other words, information about what we buy.

A trademark (brand) is a designation that distinguishes one product from another one. He enjoys legal protection and is registered with Rospatent. For example, coffee "Nescafe", chocolate "Babaevsky", etc. It can contain verbal, graphic, volumetric or other information, but does not have data about the product itself.

"Apple" or "Beloved" - what can not be registered?

We have already said that the means of individualization and the results of intellectual property include a trademark. But can everything be registered as a brand? Legislative restrictions exist for elements that can not be used:

• The name entered into general use in the designation of a certain category of goods. For example, "Juice", "Coffee", etc.
• Common symbols and terms.
• The name of the quality of goods, their characteristics, etc. "Delicious", "Fresh", etc.
• Exceptional form of the product, which determines its property. For example, one image of the ball from the manufacturer of this product.

All of the above items can be included in logos or names, if they are not dominant in it.

Also, you can not use signs that look like state symbols. They can mislead ordinary citizens.

In accordance with international agreements, trademarks are prohibited from using:

• Flags, coats of arms of other countries.
• Official abbreviations of international organizations. For example, the UN, the OSCE, etc.
• Official seals, awards, assorted hallmarks, etc.

In addition, if the logo contains all of the above properties that are mixed with them, they can not be used. For example, a small color change in the UN symbol, etc. They can be used as an element of the brand only with the official consent of the right holder.

It is forbidden to register as elements of cultural heritage, immoral images, as well as those that can be misleading. Also, you can not register those logos that are already used in other countries.

The image can be used in another product group. For example, the use of a schematic rainbow in the logo of a charitable foundation is allowed to be used when creating a brand of a confectionery factory.

Also it is forbidden to register means of individualization of goods:

• If their name contains known surnames, names, aliases.
• In the image there are portraits and faces of famous personalities without the permission of these people or relatives.
• They are based on works of science, art, etc.

Registration of Terms of Reference

In order to formally create your own trademark, you must:

1. Define the objectives of TK.
2. Develop and create a logo.
3. Check the presence of similar registered characters in the Rospatent database.
4. Correct if the logo coincides with others.
5. Collect a package of documents for the registration of TK.
6. Submit data to Rospatent.
7. Get the security documents.
8. To put a trademark on the account of intangible assets of the enterprise.

Of course, all procedures require money and time, but the result will be a guarantee of protection of property rights.

Errors in the creation and registration of TK

The main mistakes that entrepreneurs make when registering TK:

1. Inadequate consideration of the purpose of using the logo.
2. Its a flaw.
3. Save on registration. One procedure without regard to lawyers costs about 30 thousand rubles. Many save and create logos with a picture and an inscription in a single monolith. A separate image of one from another will not violate the right to the results of intellectual activity and means of individualization.
4. Saves time on searching for identical and similar images. Do not rely on Rospatent.