How to register a trademark?
A trademark or trademark is verycommon, in modern business, concepts. They are controlled by law, and any violation of the use of the trademark is punishable by law. Why do we need trademarks? First of all, in order to distinguish one product or one service from another. It is the brand that allows you to identify the product of a certain manufacturer on the market. To determine the procedure for creating a trademark of a company, you need to consider how to register a trademark.
Registration of a trade mark
Only after registration of the trademark inthe relevant authorities are granted legal protection throughout the territory of the Russian Federation. Those relations that appear after the registration procedure are subjected to the regulation of the Civil Code, namely, its fourth part.
Register a trademark asPhysical, and a legal entity that faithfully engages in business activities. First you need to apply for registration of the trademark in a special executive authority dealing with intellectual property. What should this application contain?
- It is necessary to attach to it an application for registration of the appropriate designation, which will then become a trademark, with an index of the applicant's full name, registration and place of residence.
- Also, they attach the graphic designation in the quantity of 8 pieces and its brief description, and also attach a list of those goods that will be sold under the proposed trademark.
- A document must be attached to the application,indicating the payment of the state fee in full, the articles of association, a copy of the certificate of registration of a legal entity, and if a trademark is registered by an individual, a certificate of registration of the IP is granted.
In order to prevent unforeseencoincidence with other trademarks, it is necessary before searching for a trademark, to search for similar applications. Such a procedure is performed absolutely free of charge on the basis of Rospatent in the Internet. A verbal comparison of already existing signs with newly created ones is carried out. Advanced search for information can be found in the Patent Office.
After the trademark and trademarkwill be registered, the applicant will be given a special certificate for them. It is issued only in case of full compliance with the declared documents of the fourth part of the Civil Code of the Russian Federation. Regarding the registration deadlines, the examination is conducted in the federal intellectual property body within one year, starting from the moment of filing the application.
Now let's look at how the registration and development of the trademark are carried out by stages.
- Stage 1. We are looking for the goal of positioning your product in a certain market.
- 2 stage. We find the fundamental elements of the sign as an element of a firm or industry.
- Stage 3. From the entire list of sketches, we select approximate designations of the 2-3 most appropriate options in order to hold a focus group.
- 4 th stage. The tasks for finding the most suitable designations, selected by means of a focus group on the fund of trademarks, which are registered in the territory of the Russian Federation, are determined. Monitoring of this Rospatent database with the search for similar notations is carried out.
- 5 stage. A careful comparison is made with the information, selected as a result of searching in the database. If there is such a need, then the result is corrected, so that the trademark does not coincide with those found in the database.
- Stage 6. The assertion of the chosen notation is obtained.
- 7th stage. Now an application for trademark registration is being created, all the necessary documents are collected for this.
- 8th stage. An application for registration of the claimed trademark is submitted to the registration authority.
- 9th stage. A record of the filed application for this trademark is being conducted.
- 10th stage. Obtaining the required certificate for the indicated trademark in accordance with the law.
- 11th stage. Legal support of the said certificate for the trademark.
- Stage 12. Now we put the already registered trademark on the account as an intangible asset of your enterprise.
Now you know how to registera trademark without difficulty and bureaucratic obstacles. Act in accordance with the law, and you will never encounter any difficulties in registering. Good luck!