- Introduction
- 1. Theme urgency
- 2. Goal and tasks
- 3. Concept of trademark
- 4. Types of trademarks
- 5. Optimal shape of a trademark
- Conclusion
- References
- Conclusion
Introduction
Trademarks existed in the ancient world. 3000 years ago, Indian craftsmen used to capture their signatures on the artistic creations before sending them to Iran. Used later there were about a thousand different Roman pottery stamps, including chop FORTIS, which has become so famous that it copied and forged. One of the first brands of packaged goods – Vesuvinum (red wine) – in Pompeii about 2000 years ago. Product name is formed from the Latin words Vesuvius (Vesuvio), vinum (wine). Scope of trademark use has increased in terms flourishing trade of the Middle Ages. The phrase trademark
is known to almost everyone. However, not everyone knows what it means. Possess the matter experts – patent attorneys, patent. The appearance of trademarks as signs indicating the manufacturer of the goods, mainly due to a period of development of commodity-money relations. Decals (stigma) put on their products (weapons, utensils, skin, etc.) artisans and craftsmen in the Middle Ages. Today marks (often abbreviated as TM in English) are used throughout. The growing importance of trademarks in commercial activities due to increasing competition between firms engaged in business in more than one country. Trademarks used in order to facilitate the identification of consumers of the goods and services, as well as their quality and value. A trademark can be considered as a communication tool used by manufacturers to attract customers. As well as the individual 's own name identifies and distinguishes it from other individuals, trademark performs the basic function of identifying the source of the product and the difference of this product from the products from other sources. Today the market offers a great selection of consumer goods of domestic and foreign production. And any entrepreneur understands that success largely depends on its business the right choice of the original trademark, allowing it to allocate items of similar products, as well as protect it from counterfeit products and win a place in the market. Any entrepreneur early in the development of corporate identity needs to think primarily good name of his company. This will determine the fate of the trademark and will allow him to become memorable for most consumers. Unsuccessful and faceless company names are pretty common. Some names cause blurred associations, others will not fit the company [1 с. 278].
1. Theme urgency
Relevance of the topic due to the fact that the development of trademark and responsible business is not as simple as it might seem at first glance. For it is not enough computer skills and high level of education. Trademark is not just a beautiful picture, pleasing the eye on the packaging or on a billboard. The image of a trademark must be unique, memorable and evokes associations with the products that it represents. It should be out of fashion
, timeless
certainly out of competition
.
2. Goal and tasks
In developing trademarks great attention the cultural traditions of the country in which the signs are. Therefore, the psychological perception of images plays a crucial role.
Main tasks of the research:
- To consider the existing huge variety of possibilities to use the trademark: a symbol reproduced in color on the packaging or on textiles, on business papers or on the product itself;
- Explore, given various inputs opportunities, development and imaging technology, as a trademark, which has a very complex structure and a large number of minor elements may be distorted during the manufacturing process.
Research object: variety of symbologies trademarks.
Research subject: impact of the trademark on the prestige and status of business/company.
3. Concept of trademark
Trademark – a designation that is designed to customize products and allow one to distinguish the goods from other manufacturers, and is subject to special registration [2 с. 184]. Trademark right is protected by law. The owner of an exclusive right to a trademark (rights holder) may be a legal or natural person engaged in entrepreneurial activity. Holder is entitled to use the trademark and prevent others from using a trademark. Products, labels, packaging products, which illegally deposited trademark or similar to the point of confusion, are counterfeit [4 с. 128]. The three major functions of trademarks: the first function is the identity that provides the selection of goods and other similar indications of the source of its origin. Buyer coming to the store and buying goods they preferred trademark, thereby selects a particular manufacturer of competitors; second function is to convey trademark information to the consumer about the quality of the product. In addition, the consumer, getting used to the fact that products labeled certain trademark satisfy its quality and price, are often willing to buy other goods bearing the same trademark; third function of a trademark is advertising. Trademark itself may be formed as a product label, or present on the label on the packaging. With this in mind, the packaging of goods becomes clearly stands out among the others.
4. Types of trademarks
Options of trade marks (trademarks):
1. Verbal signs. Consist of words, letters, numbers and/or combinations thereof. For example, the word PlayStation
- this word mark. This verbal TM original written in red. Letters word marks may be in Cyrillic and Latin. Word mark can be registered as color and black-and-white [8 с. 17].
2. Fine. Trademarks are composed of graphic elements, color combinations or combinations thereof. Very often figurative TM represent a symbol: bitten apple in Apple
, the shamrock in the trademark ADIDAS
, etc. And yet there are signs that consist only of color combinations. Such TM protect color, or more correctly - a combination of different colors. For example, protection of combinations of colors as a trademark characteristic of the gas stations. For example, green color at gas stations BP
, yellow at the gas station Shell
or orange at Lukoil
. A striking example of the graphic, which is a combination of white and red color is the trademark white – red rectangle clothing brand Hilfiger.
3. Combined. These signs consist of both words, letters, numbers and combinations thereof, and further have a figurative elements. For example: TM 100 FM GALA radio
– a classic combination trademark. It consists of verbal part: 100 FM GALA radio
. And plus there is a sign consisting of an iconic part – a graphic element that represents a stylized image of a radio wave. In addition , a distinctive part of the TM is a combination of red and blue. But there is also black, which applicants often do not pay attention. And this is – a single color. Thus, this TM is registered in black, red and blue colors [6 с. 672]. As a combined TM often register with company logos. The exactly what you often see in the branded business cards or posters. Company logo – it's the best visual semantic character that distinguishes it from other legal entity legal entities. And here it is – best and register as a trademark.
4. Volume. Dimensional marks – is often or packaging, or packaging, or bottle for goods company. This is a special group of characters. Volumetric brands often recorded those three-dimensional, spatially special objects for which consumers learn from this producer. These signs are recorded as a three-dimensional shapes that have individual features in three dimensions. Most often these signs stands goods packaging (same box) or packaging (container products). Naturally, these are registered trademarks in the form of three-dimensional shapes of tracks. And in the application for registration of such signs are also served with the images in three dimensions. Registration bulk TM has many disadvantages. After all, in order to protect the original form and / or coloring product exists an object of intellectual property as an industrial design. Design patent just and protects the shape and coloring of [3 с. 538].
5. Optimal shape of a trademark
As a result of psychological research, it became clear that the simple form of trademarks much easier perception, memory, as well as his understanding. At the same time, such simple marks need to be thoroughly tested in the development process, as they can not produce the desired impression on the consumer. Complex structures are much more likely to produce an accurate impression on the consumer, but they are perceived and harder to remember. Typically, the creation of a good trademark begins with the creation of a large pure form for subsequent filling detailing necessary [5 с. 41]. Competent designer always takes into account not only the features of goods, but also the factors that can influence the perception of a particular group of consumers. Moreover, it is the developer must consider to become a protectable trademark. Image should not be confusingly similar to the existing images in the art. With the trademark shall not apply to descriptive signs or general use and should not contain any state or international characters. With proper design of the trademark and its further promotion in the market through advertising entrepreneur has all the chances to achieve the desired success in their field [7 с. 121].
Conclusion
Trademark and service mark, that mark the goods and services provided are an active link between the manufacturer and the customer, acting as a silent salesperson. As a kind of calling card company, trademark obliges the company cares about its reputation and constantly care about improving the quality of its products. One important function of a trademark is also advertising of products because consumer confidence has won trademark promotes any products marked by this symbol. A trademark may be either an image of the word, or a reflection of the legend that is associated with the company name. Also, a trademark can be an expression of emotional associations that arise in relation to the product or its name. In that case, if the name of the company does not bear any positive charge, it is the trademark can correct this situation. For any business one of the main challenges is to bring attention to their product consumers. How to inform the buyer about the advantages and benefits of your product or service? Of course, through advertising! A good advertising in the first thing that "catchy" look and draws attention – a trademark. Its very hard to forget for one simple reason – it remains in the public memory. Brand – this silent salesman
, showcase
, the main driving force and effective psychological lever, attracting a buyer for its products.
References
1. Борохович Л., Монастырская А., Трохова М. Ваша интеллектуальная собственность. – СПб.: Питер. – 2001. – с. 278.
2. Демченко Т. С. Охорона товарних знаків (порівняльно-правовий аналіз). (Монографія). – К.: Інститут держави і права ім. В. М. Корецького НАН України. 2004. – 184 с.
3. Кожарська І. Ю. «Деякі питання охорони торговельних марок в Європейському Співтоваристві та законодавство України у цій сфері» // У кн. Промислова власність в Україні: проблеми правової охорони: Зб. наук. статей / За ред. Ю. С. Шемшученка, Ю.Л. Бошицького. – К.: Інститут держави і права ім. В. М. Корецького НАН України. 2004 – 548 с.
4. Левичева О. Д. Экспертиза объектов промышленной собственности: заявки на знак для товаров и услуг (торговую марку) и квалифицированного указания происхождения товара и / или права использование зарегистрированного квалифицированного указания происхождения товара. – М.: Ин-т др. тел. собственность. И права, 2006. – 128 с.
5. Мельников В. Национальная и религиозная символика в товарных знаках // Интеллектуальная собственность. – 1997. – № 7-8. – с. 41.
6. Право інтелектуальної власності: Академ. курс Підручник для студентів вищих навчальних закладів / О. А. Підопригора, О. Б. Бутнік-Сіверський, В. С. Дроб’язко та ін. За ред. О. А. Підопригори, О. Д. Святоцького. – 2-ге вид., переробл. та допов. - К. : Концерн „Видавничий Дім „Ін Юре”, 2004. – 672 с.
7. Сергеев А. П. Правовая охрана товарных знаков – "Корпоративный юрист", 2007, № 2, с. 21.
8. Чармэссон Г. Торговая марка: как создать имя, которое принесет миллионы. – СПб, 1999. – с. 17.