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“SERCONS” company provides legal protection of the brand, logo, slogan or product name under which the sale is carried out, as well as patenting the device, method, industrial design by organizing the procedure for state registration of a trademark, patent for an invention, utility model or industrial design in Rospatent of the Russian Federation.
The result is:
Registration of a trademark and patent can be carried out on the territory of the Russian Federation as well as abroad by submitting an international application to the international Bureau of WIPO (World intellectual property Organization) under the Madrid system for registration of TM or under the PCT system (Patent Cooperation Treaty) for registration of a patent for an invention, under the Hague system for registration of an industrial design.
What is a trademark?
A trademark or trade sign is defined as the individualization of goods of legal entities or individual entrepreneurs. Simply said, a single name, image or logo combines a group of products or a line of activity inherent in one entity, which has the right to independently dispose of them, use them, as well as prohibit its use by other figures in a similar field.
How does the trademark registration process carried?
According to the rules of trademark registration, the procedure for obtaining a confirmation document for the possession of an exclusive distinctive element or group of such elements takes place in 10 stages:
The procedure takes no more than 1 business day
The second – is that the application was rejected to register, listing the grounds and reasons of the refusal.
It takes about 2 weeks to receive the notification.
At the end of all stages, the customer receives a state Certificate for the trademark, the validity of which is 10 years. It can also be extended after this period, on condition that the state fee has been paid.
How to apply for trademark registration
Procedure for registering the results of intellectual activity or means of individualization
1) Reception of notification and registration of application´s with indication of number and receiving date of the application;
or 2) notification of refusal in reception of the application, indicating the reasons for the refusal. Terms – 2 weeks
Which documents should be prepared?
To register a trademark, should be prepared the following list of documents:
What is needed to apply for a patent
From 8 to 12 months. (Invention); 6-8 months (utility model)
Advantages of registering with us
ENGINEERS assistance
on preparation of technical descriptions and drawings
Confirmation of UNIQUENESS
Assistance in the preparation of technical descriptions and drawings by engineers and patent attorneys
EXPERIENCE in the field of PATENTING
Correspondence with the office is carried out by the best patent attorneys of the Russian Federation having applied experience in the patenting Department of Rospatent
Electronic filing of an application reduces the state fee for the applicant by 30%
The trademark application is submitted within two days
Correspondence with the office is carried out by its patent attorneys, and in the case of international trademark registration – by patent attorneys-partners on the territory of foreign States
Express search and identification within one day of identical and / or confusingly similar registered trademarks that may cause rejection by the patent office
Why is needed to register intellectual property
Marketing perspective
– Successful sales, the company’s products and services must be associated with a specific brand in the consumer’s mind
– A non-proprietary product or method of manufacturing is easily available to competitors.
Accounting point of view
– A trademark and patent is an intangible asset of the company. From the point of view of Finance, any asset, regardless of its “materiality”, is a source of profit for the organization.
Legal point of view
– The brand represents intellectual property (IP). The brand owner is the owner of the exclusive rights and can dispose of the exclusive right in any way that does not contradict the law. The IP can also be used as a collateral.
Which documents should be prepared?
To register a trademark, should be prepared the following list of documents:
What does trademark registration provide?
The guarantee of trademark protection of quality products or services provided by the company – is an official certificate obtained by registration with the office of the Russian Federation. The advantages of the document also include:
In order for the claimed trademark have the expected effect, it should base on:
Rights of the trademark or patent owner
The owner is entitled to demand at his option from the infringer compensation in the amount from ten thousand rubles to five million rubles, double the amount of goods that are illegally placed trademark, or double the price for the right to use the trademark, determined proceeding from the price which under comparable circumstances is usually charged for the lawful use of the trademark; double the cost of the right to use the invention, utility model or industrial design, determined based on the price that, under comparable circumstances, is usually charged for the lawful use of the corresponding invention, utility model or industrial design in the manner used by the infringer.
Can I use a trademark without registration?
Trademark registration is a difficult, long and painstaking multi-stage process that not every entrepreneur will to implement, which threatens with the appearance of fakes, passing under the name of his company. In the event of such situations, there are no legal grounds that could prove that the trademark belongs to this particular entrepreneur, and its products are produced only of proper quality. Not an exception are large organizations that, on the one hand, are not particularly affected by the actions of unscrupulous manufacturers, but on the other – the reputation of their original products may suffer.
There are cases when one leader turned out to be faster than another and registered the already popular competitor’s sign in his own name. A negative impact can also be caused by the very emergence of entrepreneurs who violate the law, who post false and incorrect information in relation to the original product. If such situations occur, the true owner of the mark may be denied registration of the trademark on the basis of false information. In this case, is needed to take permission from the violator or prove the monopoly of their rights, which is much more difficult than the first option. It can also be a trouble if there is set a public status for a unique logo. This situation completely deprives of the opportunity to protect your rights under the law. Having achieved fame for an unregistered trademark, its creator can suffer significant losses due to the appearance of unscrupulous entrepreneurs who can use its big name to sell their low-quality products.
Criminal liability for illegal use of means of individualization of goods (works, services)
Article 180 of the criminal code of Russian Federation provides for a fine ranging from one hundred thousand to three hundred thousand rubles or the salary, or other income of the convicted person for a period up to two years, or by compulsory works for a term of up to four hundred eighty hours, or correctional labor for a term up to two years, or hard labor for a term up to two years, or by deprivation of liberty for a term up to two years with a fine in the amount up to eighty thousand rubles or the salary or other income for a period of up to six months.
When is not possible to register a trademark
Registration of a unique designation cannot be performed if there is a similarity with other signs due to the close location of letters or phrases, semantic meaning or graphic image.
In order to avoid rejection by the Patent office, the following should not be used when creating a trademark:
What to do when found similarity of signs?
If such situation occur, there are several ways to solve it:
To achieve the desired result is only possible if the competitive logo has not been used for a particular line of business during 3 years.
Usually, this method is resorted to in the event of refusal from the owner of the registered mark, or by requested an unacceptable fee for his consent.
When applying to the patent office, there is a service of studying trademarks or achieving results through the first two points.
What are trademarks?
Despite the variety of already registered signs, classification is based on 3 main types:
Due to the abundance of trademarks, there is a high probability of finding similarities and identities, which will serve as a reason for refusal in Rospatent.
Is it possible to register a trademark independently?
Having full confidence that the applicant can carry out a correct check of the uniqueness of the logo, write the statement correctly choose the classes that will determine the goods or services under one brand and to answer the legal issues of Rospatent, it is possible to complete the registration process without assistance.
For full confidence that the procedure will be successful, it is better to contact the patent office that specializes in providing services for trademark registration.
The benefits of registering with the company “SERCONS”:
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