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What is a Trademark?

16 Mar 2021 (updated at 31 May 2021)

A trademark is the main instrument to identify goods and services. Trademarks can be figurative, verbal, combined, sound, 3-D – representing a package of goods or the goods themselves. Besides the color of trademarks can be protected, in other words a trademark is protected in the color in which it is indicated in the application for registration.

Sooner or later any commercial organization that promotes its goods or services realizes the necessity to register its trademark officially.

Before the registration of your trademark it is necessary to pay special attention to the development of the mark itself. Consideration of all legal requirements and proper filling of the documents will allow you to avoid problems with the registration of your trademark.

Under the legislation a trademark can be a word, phrase, logo, symbol, design, image, or a combination of these elements. It can be in one or in several colors.

Why Trademark is Needed?

Primarily a trademark identifies products or services of a particular source from those of others.

Secondly a trademark helps to advertise goods or services.

Thirdly a trademark registered in patent office helps in fighting unfair competition. It’s also used as a guarantee of quality for the consumers.

Why do You Need to Register a Trademark?

Registration of a trademark gives you the following advantages:

  • Exclusive right for the trademark at the market of such goods/services.
  • Effective way to protect your business from the individuals/firms registering another person's trademark with malicious intent to make a claim to the original trademark holder.
  • An opportunity to proscribe illegal use of trademark by third parties.
  • An opportunity to sell a widely promoted trademark in the future.

What Threats an Unregistered Trademark?

Other parties can secretly register your trademark and proscribe its use by your company. You will have to pay reimbursement for the illegal use of trademark and cover all the expenses related to that.

Fines for advertisements imposed under administrative law

Any advertisement of unregistered trademarks or trademarks similar to the registered trademarks is considered unconscientious and fines should be paid for such advertisements.

It is impossible to withstand counterfeit

Unfair competitors can legally produce goods under your trademarks and you will face reputational losses and commercial risks.

When you register your trademark you guarantee yourself an opportunity to develop your business in a safe manner without concerns about counterfeit and unfair competition.