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Trademarks
Trademark or tradename
Trademark or tradename
It is a distinctive mark or indicator used by legal entities to determine that the relevant goods or services bearing such mark originate from a unique source. A trademark is normally a name, word, phrase, logo, symbol, design, image or a combination of such elements.
However, shapes, sounds, color patterns and smells may also be registered as a trademark. It has become possible to apply even for registering corporate identity as a trademark in recent years.
However, shapes, sounds, color patterns and smells may also be registered as a trademark. It has become possible to apply even for registering corporate identity as a trademark in recent years.
It is a distinctive mark or indicator used by legal entities to determine that the relevant goods or services bearing such mark originate from a unique source. A trademark is normally a name, word, phrase, logo, symbol, design, image or a combination of such elements.
However, shapes, sounds, color patterns and smells may also be registered as a trademark. It has become possible to apply even for registering corporate identity as a trademark in recent years.
However, shapes, sounds, color patterns and smells may also be registered as a trademark. It has become possible to apply even for registering corporate identity as a trademark in recent years.
A trademark may be indicated by the following symbols:
TM — FOR AN UNREGISTERED TRADEMARK, I.E. THE MARK IS USED TO PROMOTE A BRAND OR PRODUCT- SM — FOR AN UNREGISTERED SERVICE MARK, I.E. THE MARK IS USED TO PROMOTE A BRAND OR SERVICE
- ® — FOR A REGISTERED TRADEMARK
A trademark may be indicated by the following symbols:
- TM — FOR AN UNREGISTERED TRADEMARK, I.E. THE MARK IS USED TO PROMOTE A BRAND OR PRODUCT
- SM — FOR AN UNREGISTERED SERVICE MARK, I.E. THE MARK IS USED TO PROMOTE A BRAND OR SERVICE
- ® — FOR A REGISTERED TRADEMARK
A certificate is issued in respect of a registered trademark to certify its priority and evidence the owner’s exclusive right to the trademark in relation to the goods referred to in the certificate. If a trademark is the property of a firm, it may be denoted with "C".
The right to use a trademark enables the owner to delegate it to another legal entity or an individual under a license agreement or trademark assignment agreement. E.g., many joint ventures in Russia that are subsidiaries of foreign firms are licensed to use their trademarks. The license agreement must necessarily state that the quality of the licensee’s product will not be lower than that of the licensor’s product and the latter will monitor compliance with the agreement.
There are some restrictions relating to the trademark registration process. It is clear that it is impossible to register a trademark if it is "confusingly similar" to another one. In addition, it should be noted that the registration of a trademark takes place in accordance with the International Classification of Goods and Services (ICGS). The ICGS divides all goods and services on the basis of homogeneity into 45 classes: classes 1−34 relate to goods; classes 35−45 relate to services.
An application for registering a trademark must list the goods and services in respect of which the trademark will be used in the future and ICGS classes to which they belong. Exclusive rights to a trademark apply only to the goods and services mentioned in the related certificate.
International registration is required to protect the rights to or in a trademark when carrying out international business operations. This procedure is implemented via WIPO (World Intellectual Property Organization). Any individual or legal person who (which) is a resident of a member country of the Madrid Protocol can apply for registering a trademark with WIPO.
The World Intellectual Property Organization (WIPO) is a dedicated agency of the United Nations. Its work is to develop a balanced and accessible international system aimed to protect intellectual property.
WIPO was established pursuant to the WIPO Convention in 1967 and mandated by its member states to promote the protection of intellectual property throughout the world through cooperation between states and international organizations. WIPO is headquartered in Geneva, Switzerland.
The right to use a trademark enables the owner to delegate it to another legal entity or an individual under a license agreement or trademark assignment agreement. E.g., many joint ventures in Russia that are subsidiaries of foreign firms are licensed to use their trademarks. The license agreement must necessarily state that the quality of the licensee’s product will not be lower than that of the licensor’s product and the latter will monitor compliance with the agreement.
There are some restrictions relating to the trademark registration process. It is clear that it is impossible to register a trademark if it is "confusingly similar" to another one. In addition, it should be noted that the registration of a trademark takes place in accordance with the International Classification of Goods and Services (ICGS). The ICGS divides all goods and services on the basis of homogeneity into 45 classes: classes 1−34 relate to goods; classes 35−45 relate to services.
An application for registering a trademark must list the goods and services in respect of which the trademark will be used in the future and ICGS classes to which they belong. Exclusive rights to a trademark apply only to the goods and services mentioned in the related certificate.
International registration is required to protect the rights to or in a trademark when carrying out international business operations. This procedure is implemented via WIPO (World Intellectual Property Organization). Any individual or legal person who (which) is a resident of a member country of the Madrid Protocol can apply for registering a trademark with WIPO.
The World Intellectual Property Organization (WIPO) is a dedicated agency of the United Nations. Its work is to develop a balanced and accessible international system aimed to protect intellectual property.
WIPO was established pursuant to the WIPO Convention in 1967 and mandated by its member states to promote the protection of intellectual property throughout the world through cooperation between states and international organizations. WIPO is headquartered in Geneva, Switzerland.
First, a trademark registration application must be filed with the appropriate national or regional trademark office.
The application must clearly reproduce the target trade mark, including any colors, shapes or three-dimensional features. The application must list the goods or services to be covered by the trademark.
Finally, the rights to be registered cannot be held by someone else as at the time of the registration. The verification is carried out by the national office in the course of the registration process or based on a request of a third party who claims that it holds the same or similar rights.
Lawson&Wang provides the following services:
The application must clearly reproduce the target trade mark, including any colors, shapes or three-dimensional features. The application must list the goods or services to be covered by the trademark.
Finally, the rights to be registered cannot be held by someone else as at the time of the registration. The verification is carried out by the national office in the course of the registration process or based on a request of a third party who claims that it holds the same or similar rights.
Lawson&Wang provides the following services:
- Preliminary expert evaluation of the Trademark for identity and similarity in the Russian Federation and other countries
- Registration of the Trademark with WIPO’s headquarters in Geneva in the name of a foreign legal entity, including an offshore company
- Barcode registration
- Checking inventions for patentability in EU countries
- Drafting license and sublicense agreements conferring rights to items of intellectual property
- Registration of license and sublicense agreements with the Russian Federal Service for Intellectual Property (Rospatent)
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Tajikistan, Thailand Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
A certificate is issued in respect of a registered trademark to certify its priority and evidence the owner’s exclusive right to the trademark in relation to the goods referred to in the certificate. If a trademark is the property of a firm, it may be denoted with "C".
The right to use a trademark enables the owner to delegate it to another legal entity or an individual under a license agreement or trademark assignment agreement. E.g., many joint ventures in Russia that are subsidiaries of foreign firms are licensed to use their trademarks. The license agreement must necessarily state that the quality of the licensee’s product will not be lower than that of the licensor’s product and the latter will monitor compliance with the agreement.
There are some restrictions relating to the trademark registration process. It is clear that it is impossible to register a trademark if it is "confusingly similar" to another one. In addition, it should be noted that the registration of a trademark takes place in accordance with the International Classification of Goods and Services (ICGS). The ICGS divides all goods and services on the basis of homogeneity into 45 classes: classes 1−34 relate to goods; classes 35−45 relate to services.
An application for registering a trademark must list the goods and services in respect of which the trademark will be used in the future and ICGS classes to which they belong. Exclusive rights to a trademark apply only to the goods and services mentioned in the related certificate.
International registration is required to protect the rights to or in a trademark when carrying out international business operations. This procedure is implemented via WIPO (World Intellectual Property Organization). Any individual or legal person who (which) is a resident of a member country of the Madrid Protocol can apply for registering a trademark with WIPO.
The World Intellectual Property Organization (WIPO) is a dedicated agency of the United Nations. Its work is to develop a balanced and accessible international system aimed to protect intellectual property.
WIPO was established pursuant to the WIPO Convention in 1967 and mandated by its member states to promote the protection of intellectual property throughout the world through cooperation between states and international organizations. WIPO is headquartered in Geneva, Switzerland.
The right to use a trademark enables the owner to delegate it to another legal entity or an individual under a license agreement or trademark assignment agreement. E.g., many joint ventures in Russia that are subsidiaries of foreign firms are licensed to use their trademarks. The license agreement must necessarily state that the quality of the licensee’s product will not be lower than that of the licensor’s product and the latter will monitor compliance with the agreement.
There are some restrictions relating to the trademark registration process. It is clear that it is impossible to register a trademark if it is "confusingly similar" to another one. In addition, it should be noted that the registration of a trademark takes place in accordance with the International Classification of Goods and Services (ICGS). The ICGS divides all goods and services on the basis of homogeneity into 45 classes: classes 1−34 relate to goods; classes 35−45 relate to services.
An application for registering a trademark must list the goods and services in respect of which the trademark will be used in the future and ICGS classes to which they belong. Exclusive rights to a trademark apply only to the goods and services mentioned in the related certificate.
International registration is required to protect the rights to or in a trademark when carrying out international business operations. This procedure is implemented via WIPO (World Intellectual Property Organization). Any individual or legal person who (which) is a resident of a member country of the Madrid Protocol can apply for registering a trademark with WIPO.
The World Intellectual Property Organization (WIPO) is a dedicated agency of the United Nations. Its work is to develop a balanced and accessible international system aimed to protect intellectual property.
WIPO was established pursuant to the WIPO Convention in 1967 and mandated by its member states to promote the protection of intellectual property throughout the world through cooperation between states and international organizations. WIPO is headquartered in Geneva, Switzerland.
First, a trademark registration application must be filed with the appropriate national or regional trademark office.
The application must clearly reproduce the target trade mark, including any colors, shapes or three-dimensional features. The application must list the goods or services to be covered by the trademark.
Finally, the rights to be registered cannot be held by someone else as at the time of the registration. The verification is carried out by the national office in the course of the registration process or based on a request of a third party who claims that it holds the same or similar rights.
Lawson&Wang provides the following services:
The application must clearly reproduce the target trade mark, including any colors, shapes or three-dimensional features. The application must list the goods or services to be covered by the trademark.
Finally, the rights to be registered cannot be held by someone else as at the time of the registration. The verification is carried out by the national office in the course of the registration process or based on a request of a third party who claims that it holds the same or similar rights.
Lawson&Wang provides the following services:
- Preliminary expert evaluation of the Trademark for identity and similarity in the Russian Federation and other countries
- Registration of the Trademark with WIPO’s headquarters in Geneva in the name of a foreign legal entity, including an offshore company
- Barcode registration
- Checking inventions for patentability in EU countries
- Drafting license and sublicense agreements conferring rights to items of intellectual property
- Registration of license and sublicense agreements with the Russian Federal Service for Intellectual Property (Rospatent)
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Tajikistan, Thailand Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.