TRADEMARK
WHAT IS A TRADEMARK?
A trademark is a distinctive mark, which identifies goods or services offered by a particular individual or enterprise. Its origins go back to ancient times, when artisans reproduced their signatures or “brands” on their artistic or everyday use products. Over the years, these brands evolved to reach today’s protection registration system.
WHAT DOES PROTECTION OF A TRADEMARK BRING?
A registered trademark provides legal protection to its owner, providing him with the exclusive right to use it, for the purpose of identifying goods or services or authorizing someone else to use it in exchange for payment.
The protection lasts for a period of 10 years, but it can be renewed for an indefinite period beyond this period, if the renewal fees are paid.
Trademark protection is enforced by the court, which has the power to block trademark infringement.
Trademark protection hinders, at the same time, the efforts of dishonest competitors, such as counterfeiters, to use similar insignia to market weaker products or services.
WHICH TRADEMARKS CAN BE REGISTERED?
The possibilities are almost limitless. Marks can be a combination of words, letters and numbers. They can consist of sketches, symbols, three-dimensional signs, such as the shape and packaging of goods, auditory signs, such as musical or vocal sounds, scents or colors used as distinctive features. In addition to brands that identify the trademark of goods and services, there are other categories of trademarks:
Collective brands
Certification marks are used as an indication of the quality, origin, method of production or other common characteristics of goods or services.
WHAT RIGHTS DOES THE OWNER OF A TRADEMARK HAVE?
The owner of a trademark has the right to decide who may or may not use the trademark. The proprietor of the trademark may grant authorization or license to other parties to use the trademark, subject to mutually agreed terms. The owner can also sell the right to someone else, who then becomes the new owner of the trademark. If the trademark registration is not renewed, the trademark protection expires upon its expiration and the owner no longer owns exclusive rights over the trademark.
HOW TO GET A TRADEMARK?
The following procedural steps should be taken:
Submitting the application for trademark registration, which contains:
- Applicant details
- Logo view
CONDITIONS FOR TRADEMARK REGISTRATION?
The mark must meet certain conditions in order to enjoy protection as a trademark. It must be distinct, so that consumers can distinguish it as an identifying mark of a particular product, as well as from other identifying brands of products. It must not misinform, deceive or mislead consumers, nor violate public order and morals. Finally, the rights to which it applies may not be the same or similar to the rights already granted to another trademark owner.