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Trade name, mark for goods and services, trademark

In accordance with the Civil Code of Ukraine, a trade name is a symbol or a combination of symbols which are capable to distinguish the goods (services) of one manufacturer (service provider) from the goods (services) of another manufacturer (service provider).

We register trade names on the territory of Ukraine, Russia, directly on the territory of other countries, using the Madrid System, and trade names of the European Community (Community Trademark Registration in European Union). We will be glad to tell you in details about advantages or disadvantages of different types of registration procedure.

Terms of “trade name”, “mark for goods and services”, “trademark”: what's the difference?

Our clients often ask about the difference between these terms. These terms are identical within their meaning. The term “trade name” is described in the Civil Code of Ukraine. The term “mark for goods and services” is used in the Law of Ukraine “On protection of the rights of marks for goods and services” (in some period of time the legislator will adjust standards of the Law with standards of the Code and the term "mark for goods and services" will be replaced by “trade name”). The term "trademark" is borrowed from the Russian legislation and is quite widespread in Ukraine because of the frequent use in the media and the Internet.

It is reasonably to consider the terms of “brand” and “logo” because our clients also have questions about their similarities and differences. They are not legal terms, but, however, they are often used together with the terms as “trade name”, “mark for goods and services” and “trademark”. Let’s explain their meaning.

Brand [brænd] is a term used in marketing; it is the symbolic embodiment of information complex associated with a particular product or service. It is necessary to distinguish the legal and psychological approach to understanding the brand meaning. From a legal point of view a brand is only considered as a trademark that indicates the manufacturer of the product and that is a subject to legal protection. From the perspective of consumer psychology we are talking about a brand as about the information stored in consumers’ memory. Previously the term of “brand” meant not every trademark, but only widely known. Currently, this term is used by the media as the synonym for “trade name (trademark)” and which, according to most experts’ opinions, is not entirely correct. The term of “brand”, according to many authors, is a complex of objects of copyright, trademark and trade name.

“Logo” is considered to be some original design performance of trade name. Formed from two Greek words such as “logo” (word) and “typos” (print) (i.e. the printed word) and originally used in typography to designate the combined several symbols of printing type, this term later began to mean, basically, not the verbal symbol but the graphical one. Or at least, the combined symbol, which, together with a graphic symbol, there is a word performed by the original style. Such use of the term is formally incorrect, but it has become a generally accepted term. In any case, logo is registered as a design or combined trade name (You can find out more information about types of trade names in the next tab).

Types of trademarks

VERBAL trademarksVERBAL trademarks. They include: word, words, word combinations or even sentences, company slogans, verbal commercial (company) names, letters and numbers. Verbal trade names are usually performed without the use of any design elements, but perhaps with the original font. They can be both black-and-white and colour.

 

ИЗОБРАЗИТЕЛЬНЫЕ торговые маркиDESIGN trademarks. They include trade names performed without the use of verbal elements and that means they are performed with a variety of original graphic elements. Design trade names can be both black-and-white and colour. In particular, they may be performed with a combination of colours in special way.

 

КОМБИНИРОВАННЫЕ торговые маркиCOMBINED trademarks combine both verbal and design elements. In particular, they include labels, different packages in unwrapping form. Combined trademarks can be both black-and-white and colour.

 

ОБЪЕМНЫЕ торговые маркиVOLUME trademarks. As a rule, as the volume trade names there are registered volume packages and tare for products (e.g. water bottles, perfume bottles, jars of coffee etc.), the appearance of some goods (e.g. bags, different accessories, cars etc.). (Handbag by CHRISTIAN DIOR).

 

The Agency’s advice: volume trade names are reasonably to register in parallel with their registration as an industrial design.
The above-mentioned types of trade names are mentioned in the legislation and are common in practice.

Today there are other types of trade names such as OLFACTORY trademarks (trademark perceived by smell). When applying for registration, they are fixed by means of special formulas. An example of olfactory trade name is the smell of freshly cut grass. Danish perfume company registered it in 2000 for aromatization of tennis balls.

SOUND trademarks (music). When applying for registration, they are fixed by means of musical notes or the melody is recorded to some information medium. Examples of sound trade names can be well-known ringtone of mobile phone Nokia, call letters of radio station Mayak and the most famous sound in the world that is the sound of opening a lighter ZIPPO.

DYNAMIC trademarks are in fact a set of changing graphical or combined symbols.

It should be said in all fairness that these are very rare types.

Trademarks that can not receive legal protection.

  • State coats of arms, flags and other state symbols (emblems);
  • official names of States;
  • emblems, abbreviated or full names of international intergovernmental organizations;
  • official control, warranty and standard marks, seals;
  • awards.

Such signs may be a part of trademarks just as unprotected elements, and only if there is the consent of the competent authority or the owners of such elements. You can find out more information about trademarks that can not receive legal protection in articles 5 and 6 of the Law of Ukraine “On protection of the rights of marks for goods and services”.