A trademark is a symbol used by an individual, business organization or other legal entity for commercial purposes.
This sign can be a name, word, phrase, logo, symbol, image or a combination of these elements.
The trademark may be marked with the following symbols:
™ (for unregistered trademark)
℠ (for unregistered trademark related to services)
® (for registered trademark)
The use of the logo by unauthorized persons is a violation of intellectual property laws. Restricting the use of the trademark is in order to enable retailers and manufacturers to build their own reputation and stand out from the rest, thus promoting their business.
By definition, “A trademark is a mark that is capable of distinguishing the goods or services of one person from those of others and can be represented graphically. Such signs may be words, including names of persons, letters, numbers, drawings, figures, the shape of the goods or their packaging, a combination of colors, sound signs or any combination of such signs' [1].
The tendency internationally is to eliminate the requirement for graphic and even visual presentation from the definition of a trademark. The reform of trademark law at the European Union level introduces the possibility of registration of multimedia, holographic and audio trademarks, which can be presented by various means.
The term is used under various names: trademark, trademark, registered trademark, trademark or just a trademark. In international practice, however, the term is grouped together in a common "trademark". As early as the first EU directive of 1988, this concept was used for harmonization in the field of trademark law, hence the term is adopted in the texts of all European legislation. [2]
From 1 October 2017, with the entry into force of the second stage of Regulation (EU) 2015/2424, the definition of a trademark of the European Union was changed, removing the requirement for graphic representation of the trademark. From this point on, the brand can be presented not necessarily by graphic means, but in any appropriate form, using publicly available technology. The requirement is that the presentation be made in a clear, precise, distinct, easily accessible, understandable, sustainable and objective way. [3] In its new wording, Art. Article 4 of the Regulation states that:
An EU trade mark may consist of any signs, in particular words, including personal names, or drawings, letters, numbers, colors, the shape of the product or its packaging, or sounds, provided that these signs may:
(a) distinguish the goods or services of one undertaking from those of other undertakings;
(b) be presented in the EU Trade Register ("the Register") in a way that enables the competent authorities and the public to identify the clear and precise subject matter of the protection afforded to their proprietor.
“
- [4]
The practical significance of the change at European level is such that, for the first time, the registration of trademarks that cannot be represented by an image, such as multimedia stamps, is allowed. It facilitates the application of brands for which graphic reproduction is possible but not particularly appropriate, such as three-dimensional brands, and especially sound brands (in view of the changes, the marking of a sound mark can be done by means of an audio file reproducing the sound) or so-called . brands of movement (Motion).
Many synonyms are used in everyday language: trademark, trademark, registered trademark, trademark or just a trademark. In international practice, however, the term is grouped together in a common "trademark". Already in the first EU directive of 1988 "For harmonization in the field of trademark law" this term is used, and hence the term is adopted in the texts of all European laws. [2]
The American Marketing Association defines the brand as follows:
"A trade mark is a name, term, sign, symbol, design or combination thereof used to identify the goods or services of one or a group of sellers in order to distinguish them from those of competitors." [5]
The marketing concept of brand is sometimes (at the "household" level) used as a synonym for the concept of "brand", which is incorrect, although the brand is often a fundamental component of the concept of brand.
The International Classification of Goods and Services for the Purposes of the Registration of Marks was established by the Treaty of Nice of 15 June 1957. Also known as the "Nice Classification", it is a system for classifying products and services in trademark registration. [6] It is updated every 5 years by experts. The latest, tenth update, groups products into 45 classes (1-34 for goods and 35-45 for services). [7] Each class is presented with information about the included types of goods or services.
The law considers a trademark as a form of ownership. Proprietary rights in respect of a trademark may be established by registration of the trademark in the State Register of Trademarks maintained and maintained by the Patent Office. The right of registration belongs to the first applicant and is acquired as of the date of submission of the application. The right to a trade mark includes the right of the proprietor to use, dispose of it and to prohibit third parties from using a mark in the business activity which is identical or similar to the trade mark for goods or services identical to those which the trademark is registered.
The procedure goes through five phases: formal expertise, expertise on absolute grounds, publication of the application, opposition or expertise on relative grounds and registration.
The right to the trademark is acquired for a period of ten years from the date of filing the application for registration. The registration may be renewed an unlimited number of times for additional periods of ten years.
When a company offers its products on a specific target market, their positioning is critical for long-term effect. Product positioning is related to the place that the offer and the respective product brand occupy in the consumer consciousness.
Positioning approaches
There are two main approaches to positioning:
Face-to-face approach - entering the relevant market segment or niche market in direct competition with other companies offering a similar product or service.
Differentiated positioning - the company chooses smaller segments that already offer similar products and in a less competitive market environment.
The right way to position a brand is consumer positive perception, which, in order to be assimilated, three groups of information are sought:
Assessment of the importance of the individual qualities of the product line, brand.
Assessment of existing product brands.
Establish not the degree of consumer requirements for the ideal product.
The model of market segmentation of E. Berkovich, R. Kerin, and Rudelius is often used in science and marketing practice, which is expressed in the following practical stages:
Studying consumer behavior and determining market needs.
Defining the main criteria and indicators for market segmentation.
Elaboration of characteristics of each market segment on the basis of certain indicators.
A selection of marketing tools for positioning the company's product or service in the selected market is made.
Choice of market segment or segments or complete refusal of the company from segmentation.
Individual assessment of each market segment for growth, absorption costs, competitive position, etc.
Applications of marketing tools for product positioning and conquest by the company of market segments.
Regardless of the segmentation strategy the company has focused on, the segmentation process most often takes into account conditions such as geographical segmentation, demographic approach, type of organization, size of consumption and use of the product.
LAW ON TRADEMARKS AND GEOGRAPHICAL INDICATIONS Art. 9. // Accessed October 18, 2012.
Borisov, B. Intellectual property of the industrial company
What can be an EU brand
Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) № 207/2009 on the Community trade mark and Commission Regulation (EC) № 2868/95 implementing Regulation (EC) № 40/94 on the Community trade mark and repealing Commission Regulation (EC) № 2869/95 on fees charged by the Office for Harmonization in the Internal Market (Trade Marks and Designs)
Kotler, Philip - Marketing Management - Grafema Publishing House, Sofia 1996, Volume II, p. 460, quote from page 18
The Nice Classification
Nice Class headings (10th edition)
