The presence of a trademark is a topical issue for absolutely all types of business, from small to entire concerns. The presence of the so-called “name” is what the trademark gives.
Registration of a trademark is not a prerequisite for its use. State registration of a trademark provides a very wide range of advantages of protective rights at the legal level.
Why register a Why register a trademark?
A trademark gives its owner exclusive rights to use it for immediate protection and unfair competition. The main tool for promoting goods and services is their individualization, the assignment of distinctive features to goods and services that are easily identified by the consumer, your sign becomes recognizable. In practice, it happens that there are a lot of craftsmen who will produce products under your brand, in order to prevent such manipulations, registration of the mark is required. This will protect your business reputation and not incur serious financial losses.
Let’s see what a correctly registered trademark gives:
- The owner’s exclusive right to use the mark. This means that no one other than you has the right to use the trademark. Any illegal use of the brand without your permission is subject to legal liability.
- An obvious investment. The mark of goods and services has its own value, which can easily grow with the popularization of the brand. The price of a sign may exceed the state of the assets of the entire enterprise.
- From the moment of registration, the trademark becomes a separate independent product / service. You can transfer the right to use TM to other persons and receive royalties (rent) according to the franchise agreement.
- Only holders of a registered mark can get a domain for a site in the .UA zone for illegal use of the mark on the Internet.
Trademark registration gives you the rights to:
- No one can use the trademark without your permission, only if such use does not violate the rights of the owner of the mark in accordance with the law.
- In cases of illegal use of the brand, you have the right to go to court to protect your rights and interests, which are directly related to the use of the trademark by other persons.
- Marking of TM registration on the territory of Ukraine. The so-called warning labels, which inspire even more confidence on the part of the end consumer.
Functions of the trade mark
- Individualization of goods and services – your products become “special”, which allows you to stand out from the general circle of competitors. The end consumer easily remembers the trademark that is associated with certain goods and services. Forms business reputation and brand trust, high quality products and popularity.
- Your mark becomes an association for high quality products or professionalism in the provision of services.
- In practice, most consumers pay attention to products that are marked with a trademark. It is the popularization of the brand that makes it possible to conduct successful commercial activities.
Who is the owner of the trademark
According to the legislation of Ukraine, the owner of a trademark can be a legal entity, an individual resident or non-resident of Ukraine. It should be noted that one trademark can belong to several persons at the same time, both legal and physical, their number is not limited. Also, the number of brands is not limited.