Firm patent agent of the Ukraine. Registration of trade mark, the registration of trade mark, the registration of trade marks, the registration of trade mark, the registration of trade marks, the registration of commercial signs, to register trade mark, to register commercial sign sign for the goods and the services in the Ukraine
State registration of the commercial sign (additional information)
Advantages of the use of the registered trade
mark (trade mark, brand, logotype)
The state registration of trade mark gives you the right of exceptional property of
your trade mark: after registration you to become
owner, and trade mark - by your property.
Trade mark can be independent goods and it
becomes the same from the moment of its registration.
The advertising only of commodity of znaka(torgovoy
stamp) or service mark is much cheaper than the advertisement strictly
of production or services.
Possibility of sale or partial transfer of rights for
the registered trade mark
An increase in the intangible assets of enterprise and
as consequence is the attraction of credits and investments
The introduction of the right of property of the registered commodity znak(torgovuyu stamp) or right to its use as its payment into the state fund for
enterprise, which is created or already works, i.e., the use of the
rights as the investments indicated
Sale of rights to later applicants for the identical and
similar designations
The state registration of trade mark gives you:
The right to forbid to others to use the registered
trade mark without your permission, with exception of the
cases, when the use of a trade mark does not acknowledge
as the disturbance of the rights of the owner of evidence in
accordance with the law.
Right to institute judicial proceedings against the
unsanctioned use of your registered trade mark and to
require of the disturber of the compensation of the caused losses.
Right to enter next to the trade mark preventive marking
about its registration in the Ukraine.
Commentary
"preventive marking" - this is
entering next to the trade mark of the symbol (R), which indicates that the sign is
registered in the Ukraine. So preventive marking is the
designation (tm), which
indicates that the claim for the registration of this trade mark
find on the examination in the state patent examination.
As practice shows, the use of the symbols described above
testifies about the additional properties of goods, in particular, the
confirmation of its special, firm status, inherent in goods of high
quality.
The right to require elimination from the goods (its
packing) of the illegally used trade mark or the
designation, similar to the data by sign so, that it is possible to
entangle them with respect to of uniform goods and services ".
To information
If the activity of the owner of evidence is
connected not with the production of goods or services, but with
conducting of intermediary activity, it has the right to enter its
registered trade mark by a number or instead of the trade mark
of the producer or person, which allows services with the
presence of understanding between them.
Transfer of the rights of property on trade mark
Law of the Ukraine "about the protection of
rights to the signs for the goods and the services":
"the owner of evidence can transfer on the basis of
agreement the right of property of the sign, to any person, who
becomes the lawful successor of owner".
"the owner of evidence has the right: to grant to any face
permission- license to the use of a sign or on the basis of license
agreement; to enter next to the sign the preventive marking,
which indicates that this sign is officially registered in the Ukraine
".
The registered trade mark fulfills the
following functions:
are fixed the distinctive special features of produced by
your enterprise goods or services;
name gives to your goods or services;
it makes possible for user to learn and to memorize
production or services of precisely your production;
it reports to the user information about goods and
services of your enterprise;
stimulates the tendency to purchase precisely your goods
or services;
it symbolizes the guarantee of the quality of your goods
or services.
The functions of trade mark described above
form three basic functions:
Distinctive (individualizing) function- trade mark serves for the fixation of the
distinctive special features of produced by your enterprise goods or
services. On the oversaturated domestic and foreign markets the
goods produced by you or the services, markirovannye by your sign,
will not be mislaid and will cease to be anonymous. Sign, as
such, gives name to goods or services, which it produces and sells
your enterprise.
Guarantee function- trade mark
it is called to symbolize the guarantee of the quality of goods
or services, produced by your enterprise. In the case, when you
reached a good quality of output, sign value grows immeasurably:
specifically, your sign for the goods and the services will be
associated with the quality of this production. For the users
the sign serves as unique indicator, guide in the market labyrinth,
which attracts attention precisely to this goods or service, and
simultaneously - trade mark becomes the guarantee of the
obeshchannogo quality!
Advertising function your trade mark
it must make possible for user to learn and to memorize
production or services of precisely your production, and so to
stimulate the tendency to purchase precisely your goods or services.
Trade mark - the attribute of the market economy
and it is, effective and, of course, civilized means for the advance
of your production for the market. Trade mark - the
universally recognized element of the fair competition plays
significant role in the development of market management against the
background of not always correct competitive activity. In the
situation, when user obtains right and possibility of the selection of
goods or service, and supplier - reaps the benefit from the production
or sales to his production,the juridical
protection of trade mark acquires
fundamental importance. The foreign and chief
domestic specialists assert that now the territory of markets - this
is the bridgehead of signs. The advertising function of sign
lies in the fact that on the basis of psychological influence on the
user is ensured the steadfast interest in the specific goods, which is
marked by sign, and its producer, who ensures this popularity.
I.e., trade mark - this is the inherent element of
the advertisement, with the aid of which is established the connection
of goods or service with their producer.
Three basic, above-described functions of trade mark (distinctive, guarantee, advertising), is formed function -
economic principal for any owner.
Under the conditions of the market economy, according to
the data of statistics, to 97% of realizable goods and services they
are marked by the appropriate signs. 70% of users acquire goods
and services, markirovannye only by specific signs. Well known,
the actively advertised trade mark helps its owner to strengthen positions
on the market, contributes to the successful commercial realization of
goods and services. Sign for the goods and the services gives
the possibility to obtain additionalprofit
and to frequently dictate its prices thus. Especially
this concerns "stamp", being enjoyed demand production.
Patenting either registration - is "legalization" or the
materialization of virtual product (sign) in the real, object light.
Intangible assets it is possible to introduce in the regulation
capital instead of the property, the money and other material values,
for which only good will of all founders is necessary. Use of
intellectual property in regulation capital gives the possibility:
to form capital without the diversion of cash resources
significant according to its dimensions of regulation and to ensure
access to the bank credits and the investments, using intellectual
property as the object of guarantee at the level with other forms of
property. First of all - this concerns the enterprises, which
are created with the participation of foreign investors.
Introduction of the cost of intellectual property into the state
funds of the created enterprises gives the possibility to their owners
to pretend to control block of shares of these enterprises.
to amortize intellectual property in regulation capital
and to replace with its real cash resources, including depreciation
allowances to the prime cost of production, i.e., to capitalize
intellectual property.
to the authors and enterprises - owners of intellectual
property to become founders (owners) during the organization of
daughterly and independent firms without the diversion of cash
resources. As a rule, each innovation project must begin from the formation
of the briefcase of the objects of intellectual property.
Without the formulation of rights to such objects, and also the
determination within the framework of the current legislation of their
cost of the expected commercial result cannot be dostich' practically.
World experience attests to the fact that the specific weight of
intellectual property can reach 35 % capital of production firms and
enterprises (in THE USA the cost of one patent it amounts on the
average to on i 500 yew-tree), and in some branches of public
production it considerably exceeds on its cost classical property
objects.
The cost of sign is determined with sale of license for
its use to others and depends on the quality of sign itself, for
example, from its importance, attractiveness and zapominayemosti.
The Western and leading domestic firms very attentively relate
to the development of our own trade mark. The cost of the
development of the versions of sign can reach 50 thousand dollars and
more. World financiers with the reference to the periodical
"Financial World" evaluate one sign Nintendo into the sum i 5, 787
million. The demand time of a sign also influences his cost.
Expensive sign to become when it will become "strong", when it
is moved, i.e., when as a result of its advertising in the media and
the continuous operation on the market with the high quality of goods
or services, marked by the specific sign, it to become known.
Very frequently "strong" trade mark to become more
expensive than the cost of the firm of its of that using. By
such, for example, are all known signs"ADIDAS", "Coca - Cola","Marllboro","Neskafe","MacDonald's" and many others.
In entire peace the owners of trade marks hope for that so that
this valuable object would become stimulus for the investments and had
the reliable level of lawful protection.
As such trade mark (service mark, trade mark) - this is the
required attribute of competitory economic medium.
Trade mark under the contemporary conditions became
the method of the contact between the owner, who produces goods or
proposes services, and by user, helping the latter to distinguish
goods or services of different owners.
The presence of the registered signs is the most important
"trump" of any company in the business negotiations, and the cost of
the "untwisted" trade marks reaches hundreds of millions of dollars.
The reputation of firm, her new owner's methods,
usovershenstvovannaya production, progressive forms of trade are
attached in the consciousness of user, being associated with the trade
mark they bring to its owner stable profit.
You will focus attention on the following: Criminal code of the Ukraine, article 229.
1. The illegal use of a sign for the goods and the
services, or another intentional disturbance of rights to the sign, if
this led to the material damage in the large size, punish by penalty
from two hundred to thousand of untaxable minimums of the incomes of
citizens either corrective labor for the period to two years, or by
imprisonment for the same period, with the confiscation of
corresponding production, equipment and the materials, which specially
were used for its production.
2. the same actions, if they are perfected repeatedly, or on the
preliminary agreement with the group of the persons and led to the
material damage in the separately large size, punish by penalty from
thousand to two thousand untaxable minimums of the incomes of citizens
either corrective labor for the period to two years, or by
imprisonment from two to five years, with the confiscation of the
corresponding production, equipment and the materials, which specially
were used for its production.
To information
Material damage is considered substituted in the
large size, if its size in 200 or no longer exceeds one untaxable
minimum of the income of citizens (3400 - 16 999 grn.), and
substituted in the separately large size - if its size in thousand or
no longer exceeds one untaxable minimum of the income of the citizens
(17 000 and more than grn.).
The state registration of trade mark gives you the right of exceptional property of
your trade mark: after registration you to become
owner, and trade mark - by your property.
