According to Article 144 of the Civil Code of the Russian Federation, a trademark is a designation of individualization of goods and services produced by legal entities (LE) and individual entrepreneurs. It helps consumers see the difference between similar goods and services of manufacturers.
The right to use a trademark lasts for 10 years, after which this period must be extended by re-registration. This procedure can be repeated an unlimited number of times. If an application for extension of legal protection of a trademark has not been filed, the protection is terminated automatically.
Also, a trademark ceases to be mom database protected in the event of the closure of a company under such a brand. In the event that the liquidation of a legal entity or individual entrepreneur is planned, but there is a reason to preserve intellectual property, it will be necessary to transfer the company's objects to another legal entity or individual business, and only then go through the procedure.
A trademark is assigned to certain classes of goods and services in the International Classification of Goods and Services (ICGS). If you have a fairly wide range of goods, then a trademark will need to be registered for each class. For example, class 30 - tea, pasta and chocolate, class 29 - meat, dairy products, canned vegetables, etc.
Peculiarities of using a trademark
A trademark (TM) is registered in the countries where the activity is planned. Moreover, it will need to be registered in each of them. If the TM is not used on a permanent basis for 3 years, the rights to it are cancelled early.
The history of the development of a trademark as an object of property relations has influenced the scale of its use. Now it can be used by entrepreneurs and other legal entities (even if they are not included in the number of commercial organizations).
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Alexander Kuleshov
Alexander Kuleshov
General Director of Sales Generator LLC
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