May 15, 2009 at 10:55 a.m.Patent and trademark are not the same
After the topic about the emoticon, which became a trademark and several comments in it, he considered it necessary to write a couple of lines about the trademark and patent.
First of all, what does Wikipedia tell us?
Trademark- designation (verbal, graphic, combined or otherwise), which serves to individualize the goods of legal entities or individual entrepreneurs. The law recognizes the exclusive right to a trademark, certified by a certificate of trademark. The copyright holder of the trademark has the right to use it, dispose of it and prohibit its use by other persons (“use” here means only use in civil circulation and only in relation to the relevant goods and services [3], in relation to which this trademark is registered).
It should be emphasized that the right to trademarks is one of the varieties of objects in the field of intellectual property rights, and refers to the rights to means of individualization of legal entities, goods, works, services and enterprises.
Unlawful use of a trademark entails civil, administrative and criminal liability (Article 1515 of the Civil Code of the Russian Federation, Article 14.10. Administrative Code of the Russian Federation, Article 180 of the Criminal Code of the Russian Federation)
Patent is a title of title confirming the exclusive right, authorship and priority of an invention, utility model, or industrial design. Validity of a patent depends on the subject of patenting and ranges from 10 to 25 years. A patent is issued by the state executive authority for intellectual property; in the Russian Federation, such a body is the Federal Service for Intellectual Property, Patents and Trademarks of Rospatent.
There is a difference?
In one case, a word, drawing, or a combination of a drawing and a word, in another, an invention, etc.
Further. Regarding the trademarks “classmates”, “smiley”, etc.
There is such a thing called MKTU - the international classification of goods and services designed for the registration of marks (anyone interested in more details, click on the link).
So it is clearly written there:
In the application for registration of a trademark, it is necessary to indicate the list of goods and services for which the trademark will be used in the future, as well as the corresponding classes of ICSTU. Exclusive rights to a trademark apply only to the goods and services indicated in the certificate.
First of all, what does Wikipedia tell us?
Trademark- designation (verbal, graphic, combined or otherwise), which serves to individualize the goods of legal entities or individual entrepreneurs. The law recognizes the exclusive right to a trademark, certified by a certificate of trademark. The copyright holder of the trademark has the right to use it, dispose of it and prohibit its use by other persons (“use” here means only use in civil circulation and only in relation to the relevant goods and services [3], in relation to which this trademark is registered).
It should be emphasized that the right to trademarks is one of the varieties of objects in the field of intellectual property rights, and refers to the rights to means of individualization of legal entities, goods, works, services and enterprises.
Unlawful use of a trademark entails civil, administrative and criminal liability (Article 1515 of the Civil Code of the Russian Federation, Article 14.10. Administrative Code of the Russian Federation, Article 180 of the Criminal Code of the Russian Federation)
Patent is a title of title confirming the exclusive right, authorship and priority of an invention, utility model, or industrial design. Validity of a patent depends on the subject of patenting and ranges from 10 to 25 years. A patent is issued by the state executive authority for intellectual property; in the Russian Federation, such a body is the Federal Service for Intellectual Property, Patents and Trademarks of Rospatent.
There is a difference?
In one case, a word, drawing, or a combination of a drawing and a word, in another, an invention, etc.
Further. Regarding the trademarks “classmates”, “smiley”, etc.
There is such a thing called MKTU - the international classification of goods and services designed for the registration of marks (anyone interested in more details, click on the link).
So it is clearly written there:
In the application for registration of a trademark, it is necessary to indicate the list of goods and services for which the trademark will be used in the future, as well as the corresponding classes of ICSTU. Exclusive rights to a trademark apply only to the goods and services indicated in the certificate.