In business, terms such as “trademark”, “brand” or “brand” are often used.trademark", which are often perceived as synonyms. But these concepts are different in terms of their use.
For example, trademarks are used as designations of companies and their products and are registered with Rospatent. They are a serious intangible asset that allows you to increase the market value of the company.
A registered trademark serves to protect a business and competitors do not have the right to use it in their business activities - for example, place it in advertising or on their product. Otherwise, for its illegal use, they will have to pay the copyright holder of the mark a considerable amount as compensation or pay a fine. It should be noted that a trademark is an important component of a brand, but is not synonymous with it.
The term “trademark” does not exist in any legislation in the world.
Trademark (“trademark”) is an analogue of a trademark, but is used only in some English-speaking countries. This term is a commonly used concept of a corporate brand and is used in official documents.
In Russia, you can see the term “trademark” only in official documents when filing an application for international registration of a trademark through Rospatent under a special procedure or through the patent office of the country where you intend to conduct business.
That is, in Russia the registration certificate indicates that a trademark has been registered, and abroad a trademark is registered.
Brand is not a legal concept, but rather a marketing one. A brand includes not only the image of a product, but also the company itself, its image and forms the consumer’s attitude towards the manufacturer and the products it produces.
A brand can be distinguished between tangible and intangible elements. The material components of the brand include: the name, the shape of the packaging, its colors, individual elements of appearance, the slogan - everything that helps consumers differentiate the company’s unique product from similar ones in the market. All material elements of the brand should be promptly registered with Rospatent as a trademark in order to avoid the production of counterfeits by unscrupulous competitors and in order to protect the brand.
Intangible elements of a brand include: the image and reputation of the company and its owner, company values, customer reviews, etc. Companies devote significant resources to creating a positive image of it and its products in the market. They strive to create a strong and successful brand that should interest consumers in the product and thereby increase its sales and increase their income. The value of a brand is determined by the sum of all these components.
Thus, summing up the above, we can say that a trademark is a symbol of a company’s brand in Russia registered with Rospatent, after which its copyright holder receives a registration certificate that allows him to protect the business and prohibit competitors from illegally using the designation without the consent of its owner. Otherwise, sanctions may be applied to the violator in the form of fines or compensation for damage caused.
In order to protect the trademark and brand of the company, it is necessary to timely register the material elements of the brand as trademarks with the involvement of specialized specialists.
