Unlawful use of the trademark by other persons


A trademark is understood as anya designation that can be fulfilled both as a verbal, combined or pictorial intent. A trademark is the ability of a legal entity or an individual entrepreneur to express from a crowd its own product or service. Legislation establishes the exclusive right to own a trademark, which is confirmed by a special certificate. An individual or an organization that has rights to a trademark uses this right in civil circulation. There are people who illegally use the trademark. But it is worthwhile to understand that illegal use of a trademark is punishable by law.

There is a special article in the code of the Russian Federation,which provides for the punishment of a person for possession and illegal use of a trademark. This punishment is characterized by an administrative violation and the imposition of a fine on the "stolen rights" rights. The size of the fine can fluctuate, for citizens it is from 1 thousand 500 rubles to 2 thousand rubles, there can also be confiscation of property, items that were reproduced illegally. For officials, the illegal use of a trademark will cost a larger amount - from 10 to 20 thousand rubles. For legal entities and altogether from 30 to 40 thousand rubles also with the confiscation of all items that were reproduced illegally.

Thanks to the trademark, you can separate onegoods from another and to assign to it any authority. Thanks to advertising and other market paths, the product is able to acquire worldwide fame and consumers. And this, in turn, has a good effect on the productivity and growth of sales of goods. The sign on the product helps to memorize the image, designation or symbol and thereby helps consumers to distinguish the services and goods of some organizations from others.

When the goods on the market are advancing rapidly,its market value significantly increases and exceeds the cost of material and production resources. Hence, the evaluation of the trademark positively affects the total market value. Hence the attraction of investors, consumers and partners. When such a process as the evaluation of a trademark is carried out, then the market value of the commodity itself is calculated through the degree of the distinguishing feature of the given profit amount of the organization that is received from the sale.

If we talk about such a direction asthe exclusive right to a trademark, this right can be obtained by both a legal entity and an individual entrepreneur who act in accordance with legislative requirements. The trademark can be used in the following directions:

  1. On the label or packaging of the product, it can also be on the product itself, which is produced and sold. The product can be advertised, that is, it is put into circulation;
  2. The trademark may be used in processing offers related to the sale of goods or indicating the services;
  3. Also it can be used in the design of any documents that have a relationship of goods and civil turnover;
  4. The trademark is used when rendering services and performing works;
  5. A trademark is used when using different methods of addressing, for example - the Internet.

A person or organization that owns a trademark can not control certain uses of the mark. For example:

- use the trademark for their own purposes;

- use this sign on such goods, which were previously erected in civil circulation and were used by other persons;

- the owner of the trademark can not have the right to a product that does not represent any goals;

- or any other use that is not related to the civil service or product.

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