WHAT IS A TRADE MARK?
The term "TRADE MARK" (brand, brand, sign) originates from the ancient Icelandic word brandr, which means "to bake", since with the help of trademarks, farmers denoted and confirmed the ownership of pedigree animals.
According to the definition of the American Marketing Association (AMA), the term TRADE MARK means "the name, term, sign, symbol, design or combination of these elements, by which they distinguish goods or services from the seller or group of sellers and distinguish them among the goods or services competitors ".
In Ukraine, two concepts are used at once - the "sign for goods and services" and "trademark". In accordance with the Law of Ukraine "On the Protection of Rights to Trademarks for Goods and Services", "a sign - a designation under which the goods and services of some persons are different from the goods and services of other persons." The Civil Code of Ukraine for the first time establishes the notion of "trademark" and specifies that any trademark may be any designation or any combination of signs that are suitable for distinguishing goods (services) produced (provided) by one person from goods (services ) produced (provided) by other persons. Such notation can be, in particular, words, letters, numbers, figurative elements, color combinations. Combining these two definitions, trademarks are signs that identify goods and services with a particular person and distinguish them from goods and services produced (provided) by others.
In this form you can check the trademark free of charge.
How trademarks can be registered:
Company names: "UNION POLIMER", "MARINE HOUSE", "KOMTEK".
Slogan: "delicious - because they are naughty", "gifts of the sea to each house".
The word: "AQUASTAR", "BOKOVENKA", "PUTEVKA"
Packaging:
Logotype:
Character:
Goods badge:
Service sign:
Based on the above examples, we can distinguish the following types of trademarks:
verbal notation (words, combination of letters having verbal character);
figurative symbols (images, drawings, symbols, figures, lines compositions);
Combined symbols (combinations of different elements, verbal and figurative elements executed on a plane);
bulk markings (three-dimensional images, figures, combinations of lines);
New types of notation (smells, beeps, colors).
Basic terms
A sign for goods and services is a notion fixed in the Law of Ukraine "On the Protection of Rights to Trademarks for Goods and Services". This is the notation by which the goods and services of one person are different from the goods and services of others.
Trademark (trademark, trade mark, trade mark, TM) - various translations of "trade mark". In essence, this is the same as a sign for goods and services, that is, a notation by which one can distinguish the goods of some legal or physical persons from homogeneous goods of other legal or natural persons.
A trademark is a unique graphic element that is usually located next to the company name. Can be used separately.
Logo (Greek "logos" - word, "typos" - imprint) - a specially designed, individually stylized form of company name, often in the original design performance.
Service tag is a trademark used for services, not goods.
The brand is a brand that already has a good reputation among consumers, and has won a certain segment of the market.
Slogan - short phrases that should emphasize some of the qualities of a product, characterizing a product or an enterprise.