Intellectual property is an important element of business for furniture manufacturers, the protection of which not only helps strengthen market positions, but also opens up new opportunities for growth and development of the company, can help minimize risks and maximize business potential in a competitive environment. Intellectual property in furniture production includes all unique developments that require legal protection as inventions, utility models, industrial designs and means of individualization (trademarks, brand names). This article is devoted to the protection of means of individualization (brand names, commercial designations, trademarks) developed in the field of furniture production.
A company name serves as a means of individualizing a legal entity under which it acts on the market, the purpose of which is to distinguish a specific legal entity from all participants in the civil circulation of goods (Article 1474 of the Civil Code of the Russian Federation).
The exclusive right to a company name arises from the date of state registration of a legal entity and is valid until its exclusion from the unified state register of legal entities in connection with the termination of its validity or change of name (Article 1475 of the Civil Code of the Russian Federation).
In this case, the exclusive right allows the copyright holder to use it as a means of individualization on signs, forms, invoices and other documentation, as well as in announcements and advertising, on goods or their packaging, on the Internet (paragraph 1 of article 1474 Civil Code of the Russian Federation).
Violations may also occur in cases of illegal use of a company name. So, in accordance with paragraph 3 of Article 1474 Civil Code of the Russian Federation, violation of an exclusive right is possible when:
- the trade name of the infringer completely coincides with the trade name of the copyright holder or is confusingly similar to it;
- organizations conduct similar activities;
- the trade name of the copyright holder was included in the Unified State Register of Legal Entities earlier than the trade name of the infringer.
It is necessary to pay attention to the fact that all these three components are present, otherwise the exclusive right to a company name may not be considered violated (ruling of the Intellectual Rights Court dated October 28, 2014 in case No. A75-11531/2013).
A commercial designation, unlike a trade name, is not subject to state registration and is often identified with a trade name. However, it differs from a business name in that it does not require registration, is used within a specific territory, and must be used to identify one or more businesses on a continuous basis.
It may be a violation to use a commercial designation to identify a company engaged in similar activities within the same territory. In accordance with paragraph 3 of Art. 1539 of the Civil Code of the Russian Federation, for violation of the exclusive right to a commercial designation, the copyright holder has the right to demand compensation from the violator for the damage caused, but at the same time, in the absence of its mandatory registration, it is important to have convincing evidence confirming the origin and validity of the exclusive right.
In addition to the company name and commercial designation, each furniture manufacturer develops its own logo and wordmark, with the help of which the company can be distinguished from its competitors in the market. If a company has established itself as a reliable manufacturer producing high-quality furniture, then its brand will attract the attention of consumers.
Verbal, figurative, three-dimensional designations with various color combinations, or combinations thereof, can be registered as trademarks. It is important to remember that their registration allows you to protect the rights of furniture manufacturers in the event of a conflict of interest.
Trademark infringement is widespread in this area. For this reason, it is important to monitor the presence of confusingly similar trademarks of competing companies, which may produce low-quality furniture and thereby cause significant reputational and financial losses to bona fide companies. Having a registered trademark, its copyright holder can prohibit the use of a confusingly similar mark by a competing company and demand compensation for damage caused.
For this reason, trademark registration is an important tool to protect furniture manufacturers from infringing companies.
Thus, protecting means of individualization allows manufacturers not only to stand out in the market, but also to prevent unscrupulous competitors from copying trademarks and producing counterfeit products under them. This is especially important in the furniture industry, where the uniqueness of design, production technology, and product quality are decisive factors for consumers. The development of furniture production is ensured by significant funding, the expenditure of time and effort of many specialists.
We must not forget about the commercial benefits of registered trademarks, which can become a valuable intangible asset, which will allow for additional income for the company.
Also, the possession of registered trademarks makes the company more attractive to investors, since they indicate the presence of original products and technologies protected by law.
Registered means of identification are therefore an important tool in the event of disputes with competitors. However, in order to prevent such situations, it is necessary, even at the stage of developing designations, and then for their registration, to involve lawyers specializing in intellectual property law and patent attorneys who will help, if necessary, provide protection in court.
