How to call a trademark

How to call a trademark

From that, the name is how successfully appropriated to the trademark, the success in the market of the goods sometimes depends. The competent choice of such name represents rather difficult legal and psychological task.

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Trademarks and service marks are registered in the so-called classes corresponding to kinds of the let-out goods and the rendered services. Remember that the sign cannot be registered in this or that class in case in the same class other sign with the same or similar name was registered earlier. The following example is indicative: developers of the ICQ program, having decided to call by all means the company by any female name, carried out on the Internet search of other companies with names, the representing various female names. In the world there was no company under the name Mirabilis, and they had to call the company quite so. Do not repeat two of their mistakes. Waugh-first, search it is necessary to carry out not in usual search engines, and on the site of the organization which is engaged in registration of trademarks and service marks. Secondly, they did not know that the sign with the same name (but other graphic tracing) can be registered after all in case the available and new signs after that are in different classes. Besides, if the goods or service are not supposed to be exported, enough, that the similar sign was not registered at least in the country of origin.


In case the goods or service are supposed to be exported nevertheless, learn, whether it is necessary to rename an export subject in some markets. Perhaps, at least in one of the countries somebody registered a similar sign in the same class earlier. For this reason the Sega company delivered the game consoles to the USA under the name Genesis, but not Mega Drive, as to all other countries of the world. Try to answer independently now a question why the Siemens firm does not deliver to Russia the wire telephone sets under the name Euroset at all (and delivers the wireless Gigaset brands).


Study requirements imposed to trademarks and service marks by articles of the Civil code of the Russian Federation at numbers 1345-1407. In particular, it is impossible to register the signs representing the standard name of goods or service and also to include information according to which it is possible to guess purpose of object in a sign. So for the first reason it was in the mid-nineties refused registration to the Pager trademark, and for the second reason at one time there was under the threat of cancellation a registration of the Dlyanos trademark.


At last, do not forget and about psychological aspect. The name of the trademark has to be harmonious, attractive. When exporting goods or service consider also features of language of the country to which they are exported.