Own brand of the manufacturer and retail trade enterprise. Trademark registration

Any modern company that respects itself and its customers can not do without a special corporate identity and, therefore, without a brand that allows it to be distinguished from other similar companies.

Definition

A trademark is understood as a combination of a company name, a brief text of information and graphic details. This sign allows the manufacturer to show his individuality and uniqueness.

Own trademark is recognized by law as intellectual property of an individual or legal entity and is protected by the law "On Intellectual Property". It is assigned a certain value on the balance of the firm (organization). The trade mark refers to intangible assets. Rights to it can be sold or transferred, as well as create a franchise or put into the bank.

Types of Trademarks

Today they are classified as follows:

1. Verbal . Usually this name is with a combination of fonts. More than 80% of all trademarks belong to this category. Examples include VTB, Honda, Adidas, etc. There are also famous slogans, which are also registered and protected by law. For example, Apple: "Think different".
2. Fine . These include designations or graphic pictures in which there are no verbal or alphabetic elements. For example, everyone knows the famous crocodile Lacoste or the stroke of Nike.
3. Combined . This is a combination of the first and second types of trademarks. They are called in everyday life logos. For example, a familiar to many payment system - MasterCard (a verbal name, enclosed in two circles).

By the way, you can register the form of packaging and color scheme.

Small clarification

A stable combination of "trademark" in everyday life is used extremely rarely. Much more often you can hear "logo", "brand" or "trademark". And if the meaning of these expressions is similar, then the concepts vary.

The word "brand" came from marketing. It implies the image of the goods (services, firms, organizations) and its philosophy. "Logo" - a unique image that is applied to products. And only the word "trademark" carries a semantic load, similar to the expression "trademark".

None of the above expressions in the Russian legislation is not formally adopted. There is only the concept of "trademark". It is discussed in Article 1477 of the Civil Code of the Russian Federation. And the creation of its own brand is precisely the issue of a certificate for a trademark.

Trademark registration

Registration takes place in several stages. On some of them, to facilitate the process and save money, it is recommended to consult specialists.

Stage One

The developed sign must be checked for uniqueness. And even before the application for registration is submitted. You can do it yourself. On the Internet, Rospatent's bases are freely available (in our country it is understood by the Federal Institute of Industrial Property - FIPS). But there are organizations that specialize in checking the uniqueness of the registered sign.

This stage is quite responsible. Since the detected repetition will entail a refusal to register and the loss of the paid amounts of state duties.

However, the absence of repetitions is not yet a guarantee of a missed trademark by Rospatent. Officials of the department very often "meet" similar symbols or graphic images and the competitor must prove the uniqueness of the represented sign.

Companies that have undergone such a procedure recommend that beginners turn to professionals. Firms specializing in assessing the uniqueness of the manufacturer's trademark, promptly conduct reconciliation and issue an opinion. They were consolidated at the legislative level in the early 90s of the last century.

Patent Attorneys

That is, the institution of intermediaries officially appeared whose duties include the protection of property in the field of intellectual law. These are patent attorneys. It is they who represent the applicant's interests in registering the trademark in Rospatent. Patent attorney requires for his work only the requisites and the image of the trademark. More participation of the applicant is not required. Naturally, such registration of a trade mark is more expensive, but the time for obtaining a certificate is reduced several times.

The help of attorneys significantly reduces the time of registration and confirmation of uniqueness, which, in turn, reduces cash costs.

Today there are about 2,000 active patent attorneys in Russia. Their activities are regulated by civil law and the law of 30.12.2008 No. 316-FZ "On patent attorneys". Fees and other payments of patent attorneys are governed by the provisions of the Government.

Stage Two

The patented brand is always used in an unchanged form. Therefore, special attention should be paid to the choice of the class of goods (services). For this, there is an international classifier (ICGS). In it, goods (services) are divided into 45 classes. Ten of them are devoted to services, the rest to goods. Working with the catalog requires certain skills and knowledge. For example, the same name of a product (service) can refer to different classes, and it will have to be searched first for its intended purpose, then for the material of manufacture, etc. To work with the Rospatent classifier, methodical recommendations have been developed. It is desirable to start your work at this stage with them.

Stage Three

If the preparatory work is completed, you can make an application for your own trademark (its form was determined by order of Rospatent on March 5, 2003 No. 32). This will require a package of documents. It includes:

- application for registration, which will indicate the data of the physical (legal) person representing the trademark;

- documents confirming payment of duties;

- the image of the future stamp (8 copies) with the obligatory appendix with the description of the logo and the list of goods from the international classifier;

- certificate of state registration of an individual entrepreneur, or a legal entity.

For the latter category, the company's charter is added to the list, its copy of the OKPO code certified by the head of the company.

If a patent attorney was involved in the registration of a trademark, then a notarized power of attorney is required.

Stage Four

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

- personally in any of the departments of the department,

- By mail of Russia (with notification),

- by fax (but originals are still required),

- electronic application on the official website of FIPS (for this you need to install special software and get a key);

- with the help of a patent intermediary.

On the day of receiving the application with the enclosed documents, the Secretary of Rospatent draws it up and informs the applicant of the registration number.

Stage Five

It is the tracking of the status of submitted documents for the registration of their own trademark. The documents adopted in the department pass a formal examination. That is, the application for the correctness of compilation and content, availability of necessary documents and their copies, etc. is checked. The whole process takes about two months. If there are no comments, Rospatent takes it to work.

Next, a significant examination begins, which can last up to six months. At this time there is an active comparison with the trademarks of Russia and the world, which is accompanied by correspondence with the applicant. Usually experts require something to clarify or supplement. It is at this stage that "cut" the unprepared (see the first and second stage) of the applicants. If there are no remarks and it is not necessary to defend one's rightness, the department takes a decision on registration of the trade mark. In this case, the applicant receives an official letter from Rospatent.

There is an opportunity to shorten the deadline for the application. To do this, you need to provide powerful arguments for obtaining a certificate of uniqueness as soon as possible. For example, you can indicate that the products are shipped abroad.

Stage Six

Getting the coveted certificate. After notification of a positive decision, the applicant must pay a state fee for obtaining a certificate and submit a payment document to Rospatent. Two months are allocated for the issuance of the certificate. During this time, the patented mark is entered in the state register and is published in the monthly official bulletin "Trademarks". The received document is required to be renewed every ten years.

Having received it, the owner can sue and demand compensation for material and moral damage for the illegal use of the trademark by third parties.

It is not that simple

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

- reducing the influence of competitors on the sale of goods (service), as well as the costs of advertising and marketing;

- establishment of own pricing system,

- increase in margin,

- unconditional control over the distribution of goods (services) and its quality.

At the same time the manufacturer faces some problems. For example, issuing goods or producing high quality services, you can not overstate prices. For competitors immediately take up a vacant niche. For this reason, for example, untwisted retailers do not allow similar product lines of competitors into their stores. In addition, the brand needs to be constantly promoted. And this is almost the main problem.

Possible mistakes

Most often they arise:

- if the applicant tried to independently determine the classes by the International Classifier;

- the trade mark was not unique;

- the designation is described incorrectly or inaccurately (for example, the color scale);

- Inaccuracies in the details for payment of the state duty;

- in the trademark there are elements of state symbols or images of famous people (without their permission). A list of all prohibited signs is given in the Civil Code, article 1483.

Interesting offer

Exclusive offers a trade mark "Metro". Experts of the company, focusing on the needs of their customers, whether small points of sale or professionals in the hotel or restaurant business, develop their own trademarks Metro. These are practical, modern and affordable (at a cost) offer. For someone it is a line of basic products (services), and for someone complete sets for serving the hotel tomorrow at the lowest price.

In the "Metro" portfolio there are already six active focal stamps developed for professionals, as well as a number of additional offers.

How to position your own brand product

According to marketers, positioning is the art of forming the brand image in the view of the target audience. That is, the trademark should carry information about its advantageous difference from its competitors. This is caused by combinations of such characteristics as distribution channels, touch, price, service level, image (impression from advertising, PR), etc. In a global sense, positioning is the company's activity aimed at convincing consumers of a significant difference in its products (service) from Competitors.