31 July, 2019 Useful articles

Struggle between TM and commercial (brand) name

A bit of insight into the definitions.

In short and simple: a trademark (TM) is a designation (maybe just a word or a word picture) in which the goods and services of some persons differ from the goods and services of others.

One such difference can be a commercial (proprietary) company name - a verbal designation that allows one to single out one enterprise among others and not mislead consumers regarding its real activity.

Similarity, at first glance, is obvious, BUT, we should say that TM owners have much more rights and “power”. Therefore, if you operate as an enterprise (for example, Romashka LLC), we definitely recommend registering a TM with the same verbal designation in the corresponding ICTP classes by company type of activity.

For example, the Supreme Court examined the case where two legal entities with a similar name (not known to all the group of companies of perfumery and cosmetics "Bomond") were fighting for the right to wear this name. And how do you think, who won? Of course, the company that has a TM registered in this name.

The law firm "Bliss"  simply hints that you should invest money in business development with a mind. Do not waste time and register a trademark!

For the most curious: the details of the case of the Supreme Court and the details of the link http://reyestr.court.gov.ua/Review/77263645