Services
Trademarks
Under an agreement on the alienation of an exclusive right (EPR), the Copyright Holder transfers or undertakes to transfer the exclusive rights to the result of his intellectual activity or to a means of individualization in full to the Acquirer, who becomes their owner.
The exclusive right passes from the Copyright Holder to the Acquirer at the time of concluding an agreement on the alienation of the exclusive right, unless otherwise provided by agreement of the parties. If the transfer of the exclusive right under the IPR Agreement is subject to state registration, then the exclusive right passes from the Copyright Holder to the Acquirer at the time of state registration.
Alienation can be compensated or gratuitous in the case of a gift and is carried out at the will of the owner on the basis of an Agreement concluded with the Acquirer of the exclusive right. If the Agreement does not state that it is free of charge and its price is not indicated, then the Agreement is considered not concluded. If the Acquirer violates the obligation to pay the Copyright Holder the remuneration within the period established by the IP agreement, the Copyright Holder has the right to demand the return of the exclusive right and compensation for damages in court.
The essential terms of the Agreement include:
– the price of the Agreement is usually determined in the form of a one-time payment, but other terms and payment procedures may be agreed upon;
– An agreement on the alienation of an exclusive right is concluded in writing, failure to comply with which entails the invalidity of the agreement;
– the transfer of the exclusive right under the Agreement is subject to state registration.
Question and answer
What is a trademark?
A trademark is a means for individualizing the goods of the Copyright Holder. To individualize the services of the Copyright Holder, the term “service mark” is used.
Why register a trademark?
Registering a trademark allows you to protect your business from unscrupulous competitors.
So, for example, in accordance with Article 1515 of the Civil Code of the Russian Federation, if competitors try to use your registered trademark, you have the right to recover from the violator from 10,000 to 5,000,000 rubles (determined at the discretion of the court based on the nature of the violation) and forever prohibit him from using your designation.
Registration of a trademark allows you to ensure the security of the company’s assets, since an unregistered trademark can become a target for unscrupulous competitors who can register it in their name, after which they have the right not only to force you to change the designation, but also to collect from you up to 5,000,000 rubles.
In addition, registration of a trademark can serve as a reliable protection of the company’s reputation and increase the status of the brand, and its owner has the right to use the security mark “®” next to the registered trademark, which helps not only to increase the status of the brand, but also to strengthen consumer confidence in the company’s services or products. With an unregistered trademark, the use of this marking is subject to Art. 180 of the Criminal Code of the Russian Federation (up to 4 years of imprisonment).
A registered trademark can be used profitably by concluding licensing agreements and franchising agreements (commercial concession agreement).
A registered trademark can also be used as collateral for an intangible asset (IMA), which can be valued and placed on the organization’s balance sheet, which not only allows increasing the authorized capital, but can also significantly facilitate relationships with banks and investors.
What is the validity period of a trademark?
10 years with the possibility of multiple extensions for another 10 years.
What is the period for registering a trademark?
The standard period for registering a trademark is 6-10 months. The period may be extended if an examination is requested.
Currently, it is possible to register a trademark within 2 months.
Still have questions?
In case of questions, each Client can receive a free consultation by phone or by sending a request
Related services
International trademark registration
License agreement
Sale of a trademark
Trademark registration in Kazakhstan
Entering a trademark into the Customs Register
Trademark registration in Russia
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