Patent and trademark are not the same
After the topic about the smiley, which became a trademark and a few comments in it, I considered it necessary to write a couple of lines about the trademark and the patent.
First of all, what does Wikipedia tell us?
Trademark - a designation (verbal, graphic, combined, or other) that serves to individualize the goods of legal entities or individual entrepreneurs. The law recognizes the exclusive right to a trademark certified by a trademark certificate. The rightholder of a trademark has the right to use it, dispose of it and prohibit its use by other persons (by “use” here means only use in public circulation and only in relation to the relevant goods and services [3] for which this trademark is registered).
It should be emphasized that the right to trademarks is one of the types of objects in the field of intellectual property rights, and refers to the rights to the means of individualization of legal entities, goods, works, services and enterprises.
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Illegal 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)
A patent is a security document certifying the exclusive right, authorship and priority of an invention, utility model or industrial design. The term of the patent depends on the object of patenting and ranges from 10 to 25 years. The patent is issued by the state executive authority on intellectual property, in the Russian Federation such a body is the Federal Service for Intellectual Property, Patents and Trademarks Rospatent.
There is a difference?
In one case, a word, a drawing or a combination of a drawing and a word, in the other, an invention, etc.
Farther. 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 (who are interested in more details, click on the link).
So it is clearly written there:
In the application for registration of a trademark, you must specify a list of goods and services for which the trademark will be used in the future, as well as the corresponding classes of the Nice Classification. Exclusive rights to a trademark apply only to the goods and services specified in the certificate.
First of all, what does Wikipedia tell us?
Trademark - a designation (verbal, graphic, combined, or other) that serves to individualize the goods of legal entities or individual entrepreneurs. The law recognizes the exclusive right to a trademark certified by a trademark certificate. The rightholder of a trademark has the right to use it, dispose of it and prohibit its use by other persons (by “use” here means only use in public circulation and only in relation to the relevant goods and services [3] for which this trademark is registered).
It should be emphasized that the right to trademarks is one of the types of objects in the field of intellectual property rights, and refers to the rights to the means of individualization of legal entities, goods, works, services and enterprises.
')
Illegal 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)
A patent is a security document certifying the exclusive right, authorship and priority of an invention, utility model or industrial design. The term of the patent depends on the object of patenting and ranges from 10 to 25 years. The patent is issued by the state executive authority on intellectual property, in the Russian Federation such a body is the Federal Service for Intellectual Property, Patents and Trademarks Rospatent.
There is a difference?
In one case, a word, a drawing or a combination of a drawing and a word, in the other, an invention, etc.
Farther. 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 (who are interested in more details, click on the link).
So it is clearly written there:
In the application for registration of a trademark, you must specify a list of goods and services for which the trademark will be used in the future, as well as the corresponding classes of the Nice Classification. Exclusive rights to a trademark apply only to the goods and services specified in the certificate.
Source: https://habr.com/ru/post/59652/
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