Everyone tends to multiply and preserve your capital. But capital - a concept rather abstract and may include not only tangible things, but also the potential and even creativity. Then how to determine whether you actually have and can dispose of at its discretion, there is a more precise definition: the property. However, the property is different. And in recent years, along with the property of the material is becoming increasingly important intangible or intellectual, property. The owner can not touch it with your hands or exchanged at the bank at the rate of exchange, but these assets often generate the lion's share of financial profits. But for this you need time and correctly register their intellectual property rights.
What is a brand and a patent for it
Brand - is one of the key concepts of business in general and marketing in particular. Brand, trademark and brand - is, in fact, refer to the same concepts are intended to identify and limit the possibilities and limits of the rights of market players operating in its operations diverse products and services, as well as the symbols and visual design. Until then, while all this exists only in the minds of the people, one can assign the impunity that came up with somebody else. Only a legally protected company, its name, logo and some other individual properties are converted to full and competent brand.
Thus, the brand - it's not just the name of the brand image of its logo and colors, fonts, various design elements and ideas for its design. But the broader phenomenon, encompassing also the ability to isolate and distinguish between the company and its products / services on the operation of the competing companies, and therefore the image, reputation and ultimately business success of the company in the market. And for entrepreneurs, and their partners, customers and the general public brand turns into a landmark and a measure of the production, advertising, financial success and tools for achieving them. Legal and psychological component in this field so tightly linked and intertwined, that the existence of standard documentation and a clear procedure for its execution is a necessity and prerequisite for the development of business.
If ease of handling defaults take the brand as a generic synonym for the corporate identity of the company and / or product, its elements can be considered:
- service mark;
- company name;
- corporate color (color);
How to patent the brand
Intellectual property as a legal regime is a single term for ownership of the intangible objects : work, innovation and trademarks . If you decide to register the brand , start this as soon as possible following way :
- Since the brand - it is a tool of business activity, and they may possess only a legal entity . If you are an individual legally , before the registration of the brand , you need to register a company or become self-employed .
- The brand that you want to patent , may be quite new or existing for some time now - the main thing that it was used only by you . Safest , of course , to register young brand in the very beginning of its development in advance to prevent any possible future incidents.
- Come up with all the elements listed above , you can own if your creativity and ambition give such an opportunity. But most of the companies prefer to entrust this process , which is called branding professionals. It can be an advertising agency, a separate designer specialized branding bureau or as an alternative , the department own marketing or advertising your business.
- In that case, if the brand is not created "from scratch" or you have doubts about its uniqueness, should be checked trademark. Information search on the basis of already registered trade marks will give you proof that neither the name nor the logo of the desired image is not occupied by other owners. At the same time , you will learn the amount of financial expenses and the fees to be paid for the registration of the brand.
- Make a request for information search and registration of the brand , you can yourself, if you're willing to understand all the intricacies of the legal procedure . Inexperienced in the law , and specifically relating to intellectual property , persons are encouraged to implement these actions using (or at least consultation ) specialist , called a patent attorney . This lawyer has the right and relevant experience in communicating with the authorities involved in patenting .
- These instances include primarily rospatent or short - Rospatent . This state organization accepts applications , conducts peer reviews "purity" of brands and issues permits for their registration . As a general rule , an application for registration of the brand goes to Rospatent by mail, at the same time paid the corresponding fee .
- Depending on the list of goods and services that you want to patent, the application indicates the corresponding categories or classes. Today in the world there are 45 classes of goods and services, officially adopted by the International Classification of Goods and Services (ICGS), entered into force of the Nice Convention. The better you group the products / services and specify it in the application, the greater the chance that the registration is successful. Moreover, the more classes you will be able to reach in the patent - the more secure it will be possible to consider your brand. However, it should be noted that the registration of each class carried on the additional tariff.
- Consideration of application employees of Patent Office usually lasts about a month, after which the mailing address provided by you (your patent attorney) as the address for correspondence must reach a formal notification. If the information retrieval and application was framed correctly, and your desire to get the ownership of the brand and does not violate anyone's intellectual property rights, then you get the so-called "The decision to accept the application for consideration." From this point you have the right to use the brand and Applications for registration of its attributes for labeling of products / services of the enterprise, to publish them on their behalf and with their help to get profits. However, the law is still the brand is not your final.
- Before you will be granted a patent state model , it may take approximately one and a half years - so much time in most cases takes the registration of the brand. There are cases where the procedure took place in a short period of time - even 6-10 months , but it depends on the number of applications during this period and the characteristics of your particular application.
- You can resort to a method to speed up the process of registration of the brand : a convection simultaneously submit a request for international registration under the Madrid Protocol brand . But if you do not intend to use the brand outside of Russia , there is no need to spend the extra effort and money . The more that you get the benefit of the right to claim the possession and use of the brand from the date of application for its registration .
- The certificate of registration or a patent that you get later , will have an individual registration number in Rospatent . It is valid for the next 10 years (from the date of application ) and can be re-registered ( extended ) unlimited number of times .
- The state fee for a certificate of registration paid after it would be in your arms.