The main reason for registering a trademark with Rospatent is to protect the brand from copying.
Without the permission of the copyright holder, no one can use the designation for commercial purposes. And if a businessman works under an unregistered name, it can be taken away and he will be required to pay compensation.
Not only the absence of a trademark, but also errors in obtaining rights to The Stavropol entrepreneur it can lead to negative consequences. This is confirmed by stories from the practice of the Federal Patent Bureau “Zhelezno” .
Wanted sushi delivery, got a nursing home
The Stavropol entrepreneur has long been involved in catering services. In particular, in the delivery of Asian cuisine. For this area, the businessman came up with a simple and memorable name – “White Rice”.
It was decided to register the brand with Rospatent. The entrepreneur congo-brazzaville business email list contacted one of the Moscow law firms. The specialists filed an application to register the designation in class 43 of the International Classification of Goods and Services (ICGS), which includes food preparation and delivery services, as well as many other types of activities in the service sector. A year later, the businessman received the long-awaited certificate. And with it, an unpleasant surprise.
The patent office that represented his interests received a preliminary The Stavropol entrepreneur refusal from Rospatent. The mark could not be registered in the entire 43rd class. Instead of refining the it is important to note that color preferences designation and re-submitting the application, the employees decided to shorten the list. As a result, the “White Rice” brand gives the right holder the opportunity to open a nursing home or a nursery, rather than cook and deliver sushi.
Formally, the designation is registered, but it does not protect the business – it is under threat. At any moment, a competitor with a similar name can send a claim demanding compensation of up to 5 million rubles. And this will be legal.
The entrepreneur had to contact our bureau to register the designation in the required list. Now his application is being examined by the department.
Registered a brand that does not allow business development
Irina is a teacher of English and French. Since her university days, she dreamed of opening her own training courses. She even came up with a name. Moreover, her tutoring services were in high demand among residents of Reutov, Moscow Region.
The girl made a clear plan for herself to develop her business and lithuania phone number prepare her own manuals. She decided that she would sell them offline and on marketplaces when the flow of students became continuous.
Irina moved to Moscow, opened an individual entrepreneurship, independently studied the topic of trademark registration and filed an application with Rospatent. The brand was successfully registered.
But when she started publishing her own manuals, it turned out that a similar sign already existed. The copyright holder sent a claim asking to stop using it, otherwise he would go to court demanding compensation. And also – he would make public the theft of the trademark.