How to save the registration of a trademark

Trademark, he's trademark or brand - words or images registered in Rospatent. As trademarks are registered names of companies and products, slogans and logos. This is necessary in order to secure for itself the exclusive right to use the brand in the business. Registered trademark actsOf the Civil Code Article 1491. The term of the exclusive right to trademark 10 years throughout the country.

If someone without the permission of using your trademark or too similar designation, it intruder - regardless of whether he knows it or not. In such a situation it is possible to recoverOf the Civil Code Article 1515. Responsibility for illegal use of trademark with the infringer compensation force him to withdraw from circulation and destroy counterfeit goods, to remove the sign from all advertising and even change the name of the company. In addition to protecting the brand, trademark gives the right to sell the franchise to use the marking ® and exhibitor at the windows like giant aggregators Wildberries or Lamoda.

With all the advantages that gives trademark owners often put off for later registration. And come back to this issue when problems arise: the claim comes from the copyright holder, not the mall allows to hang the sign without a license or franchise buyer refuses to buy unregistered brand. It may be that the name under which the entrepreneur works have long been registered by another company. Then conscientious entrepreneur suddenly becomes the violator and gets a subpoena, where he became a defendant in the case of illegal use of another's trademark.

Over the past three years, I went through more than a thousand trademarks, and more than half of them were recorded aspiring entrepreneurs and small companies. In my experience, one of the main reasons snoozes infinite - the cost of registration. On average it is about 50-70 thousand rubles, of which one half is spent on state duty, and the other - on the payment profile legal services. Entrepreneur seems that the money is better spent on a "burning" issues: the purchase of products, staff salaries and rent. But work without a trade mark as a result is often much more expensive of its registration.

So I would advise to think about the registration of the mark, even if you are small startup in the garage, and to draw its cost, try to save. Here's how to do it.

1. Register the name and logo of one application

Some lawyers offer to register the name and logo of the individual applications. The fact that a trade mark - is an intangible asset, it is possible to estimate and put on a company's balance sheet. Two trademarks to make the company more than one.

In fact, the capitalization of interest only in relation to large companies. Budding entrepreneurs and small firms to register the name and logo with a single application. Thus, we can not pay for the registration of two elements, and fit everything into one combined mark. This can save 50-60 thousand rubles.

Opponents of the combined characters believe that they are inferior to protect the right holder, if the name of the competitor only, and borrow logo Draw your, the court can not recognize the violation. But the fact that the judgment in a particular case depends on a number of other circumstances and the views of the judge of the law or a clear jurisprudence on this issue no. Therefore, the two signs, though better than one, but for the young company is excessive caution, the price of which is higher than the value.

In my opinion, if a lawyer persuades register two characters, but you do not understand why this is necessary for you personally, it is best to save.

2. Register mark with one embodiment of writing

If you use the name in Latin and Cyrillic, the lawyer may offer a separate register for each trademark spellings. As in the situation with the graphics and the name, by and large it only makes sense to enter the stock market or to enhance brand protection company. For small businesses the benefits of such action would be questionable.

The fact that Rospatent and courts compared trademarks not only writing, but also in sound and even meaning. For example, if you register the trademark "Flower" for children's centers, then no one can use to such organizations Cvetok name or "Tsvet'ok" because they sound too similar to yours, even if written differently. Even the registration of the word Flower is a very big question.

Accordingly, if someone is without a registration to use such names, it will violate your rights. Through the court you will be able to recoverOf the Civil Code Article 1515. Responsibility for illegal use of trademark compensation from the infringer to 5 million rubles. In fact, this amount fully charge a rare, but 500-700 thousand - a common situation. For example, in one case, SalonDecision of 1 February 2016 the case number A45-15826 / 2015 "Manicure 4 hands" was ordered to pay 600,000 rubles to the legal owner of commodity 4hands sign: the similarity between the names found in the translation.

3. Apply electronically

To register a trademark you need to pay a fee for the examination of the application, examination and registration of the mark. The fee depends on how much activity is valid trademark. The exact amount can be calculated FIPS calculator. If the application is a paper, an average of all duties in the sum will cost about 33-35 thousand rubles.

It operates since 2017 a new Regulations on Patent Fees. It provides a benefit of 30% for those who lodge an application in electronic form. Thus, the fee is reduced to 35 thousand 22-23 thousand: savings of 12-13 thousand rubles.

In order to apply this exemption, an application for registration of a trademark must be submitted through program module APM "Registrar" in your account on the website of Rospatent with the reassurance digital signature. As a rule, access to this service have specialized lawyers, Trademark and Patent Attorneys.

4. Get installments

The cost of registration of a mark made up of the duties and services of a lawyer. All this can be divided into several payments - get some sort of installment plan.

The fee consists of three parts: the filing, examination and registration of the mark. If you register a trademark with the use of benefits and only one type of activity, these fees amount to 2450 rubles, 8050 rubles and 11 200 rubles.

With a maximum duty installment payment is as follows: 2 450 rubles before applying, 8050 rubles two months for examination and 11 200 rubles in six months for the registration sign. Such a scheme is typically used by aspiring entrepreneurs who want to open a point in a shopping mall or place items in a large online store. Without a priority reference to the trademark they are not allowed to start work, but they still do not know, take off the case or not, so they want as much as possible to stretch the payments.

Lawyers, too, can go forward and break the payment into several parts. Usually divided into two parts: the first half at the conclusion of the contract, the second - after the filing of the application and receipt of a priority certificate.

5. Ask for a discount

Sore spot Lawyers trademark - customers who constantly go to "think." The reasons are called different: there is no time, the director of a vacation, an accountant in a business trip. Even if everything is fused, the signing of the agreement has been delayed for two to three weeks.

If the promise today to sign a contract and pay in exchange for a discount, it is possible to gain 3-4 thousand rubles. The lawyer knew that the time saved will earn more.

6. Register yourself

Theoretically, an entrepreneur can register a trademark itself. To do this:

1. Download sample application on the official website of FIPS.
2. Fill it in accordance with the requirements for application.
3. Compile a list of goods and services existing classes of the Nice Classification.
4. consider dues for registration of a mark.
5. Post a sign on the registration in accordance with filing rules.
6. When the requests will come from FIPS to answer them on the basis of Guidance on registration.

At first glance it seems that it is no more difficult than register SP or LLC: technical procedure, which can be carried out most, if sit a couple of nights on the Internet. In fact, in the registration of trademarks many of subjective concepts that you can learn to correctly interpret only after appropriate training and several years of daily work with the characters. Otherwise, you can not come together in the views from Rospatent and be denied registration or unintentionally violate other people's rights to sign.

Many pitfalls is in the details: in trademark check, the similarity between the marks, the calculation of duties and selection of classes of the International Classification of Goods and Services. If you make a mistake, then you will be denied registration, the fee will not be returned, and the application will "burn." This means that at this time such a mark can register another person, if his lawyers will do everything correctly.

In general, registered trademarks independently as possible, but first you need to become a lawyer Trademark. If you want to save money without compromising the results, I would suggest using the first five ways this article can be all at once:

1. Register the name and logo of one application.
2. Register mark with one embodiment of writing.
3. Apply electronically.
4. Get installments.
5. Ask for a discount.