For the development of any company, recognition, popularity, and consumer confidence are important. How to make products recognizable? No matter how beautiful the product is, customers will recognize it not by quality, but by packaging, brand name or its logo. This means that these elements should be memorable, unique and associated only with a certain product.
Is it necessary to register a trademark and why is it necessary?
You can often hear the question: " is a trademark registration required?" or "why do we need a trademark registration? ". Here is our answer:
If the trademark under which that unique product is produced will not be registered , what will prevent competitors from creating something very similar and selling successfully, making a profit? That's right, nothing, hence the conclusion - you need a trademark registration .
Competitors can go even further. For example, having learned that an actively developing trademark is not framed, do it yourself. After that, a careless business owner will have a lot of problems. Competitors will now be able to use their own TM, at their own discretion, taking advantage of their accumulated reputation.
The best scenario for the owner is if the scammers offer him to buy the brand back. This will undoubtedly entail large financial costs, but at the same time will bring invaluable experience.
A bad option is to ban the use of a brand bought by competitors. This entails the need to re-work: to invest in the development of a new TM, corporate identity, packaging, purchase advertising.
It is noteworthy that the benefit from the registration of a trademark , compared with the problems described above, is obvious. But despite this, a lot of people continue to produce and promote their product without registration. Do I need to register a trademark, it seems the answer is now obvious?
Why many do not want to register TM?
The first and main constraints are the cost of trademark registration and timing. Indeed, the design of TM in the same class will cost at least 1500 UAH. (without prior search and attorney services) and will last more than a year (according to the standard procedure).
In addition, the mandatory registration concerns only one area - the production of alcohol. Without a trademark registration, it is impossible to obtain a license for the production of alcoholic beverages. The rest of the entrepreneurs are free to decide for themselves the issue of TM design.
What are the benefits of registered TM?
- Protection against third-party encroachment. A business that is conducted under a registered designation is under protection and, if necessary, the rights of the owner of a registration certificate are easily restored.
- In addition to protection from detractors, the trademark registered in Ukraine entitles you to a prestigious domain in the .ua zone. Only the owner of the registered designation has the right to the domain of the same name. Due to the increasing competition on the Internet every day, the advantage in the form of an excellent name for the site plays a significant role in the development of the company.
- The trademark guarantees the consumer a certain level of product quality. It certainly increases the level of trust and demand for the product. However, the trust does not come immediately after registration, it must be earned. Only truly high-quality products can help a brand become a full-fledged brand.
- A brand that has already managed to “acquire” regular customers, having a legend, history, philosophy and other attributes, is the best engine of commerce. When buying a product introduces a buyer to a certain idea, a social group, causes the right associations, creates a mood - it is sold many times faster. If there is no registered designation, there can be no ideological fullness in principle.
- One-day firms created to quickly deceive the consumer and hasty liquidation will not register TM, why? It is prohibitively long and expensive for them. This is another argument for the audience: if there is a TM, it means that the company is serious and is not going to deceive the consumer.
How is the registration?
In a trademark, it makes sense only when it is unique, stands out from the crowd, has individuality. That is why the first step towards registration is the careful choice of the name, logo, and style of the future designation. This stage requires maximum effort and knowledge, so it is best to connect professionals to the process.
When the name and all other elements are thought out, you need to check their uniqueness. This verification, like the registration itself, is not mandatory. But the neglect of this stage in the end can significantly slow down the process or even make registration impossible. At the stage of such a check, a search for identical and similar designations is carried out in the databases of registered TM and submitted applications. If the designation turns out to be non-unique and will have an excessive resemblance to someone else's TM, it is worth changing or finding a new one.
After a preliminary check, you can apply, pay a fee and wait for the result of the examination. During the audit, the correctness of filling out the documents is determined, as well as the TM itself, or rather, its uniqueness and compliance with the requirements of regulatory documents.
If the examination is completed successfully, the applicant receives a certificate of registration of TM.
Conclusion:
The answer to the question: why register TM is obvious - if you decide to create a business for ages, do it. The investment of time and money will pay off in the end. A trademark will always be a trump card in the deck of an entrepreneur. It will strengthen consumer confidence, help build a positive image, protect against encroachment, and help in competition. Our experts will assist you in registering and obtaining a certificate for a sign for goods and services.
In the meantime, you can absolutely free check your identification using this form:
