Warning Marking

Статьи регистрация товарных знаков, патентные поверенные,

Almost always near the registered trademark you will see a small designation, this is a warning label. An example of such marking can be a circled Latin letter «R», small letters «TM», as well as the words «Trademark» or «Registered Trademark» (in Russian «зарегистрированный знак») and «Marque deposee» also «Marca registrada». Warning labels are put by the Patent Office and put to notify third parties that this trademark is registered and protected by law.

Several variations of the interpretation of such signs. For example: a warning mark «TM» is placed for a trademark filed with the Patent Office for registration, but for which a security document (certificate) has not yet been issued. Another example, the warning mark «R» is intended for a registered trademark that has already received a title of protection (certificate). But this is at the level of an ordinary person, far from being an expert in intellectual property, who, in turn, will be able to give not only a transcript, but also more detailed information from the same Paris Convention.

A good specialist is required to possess both theoretical and practical skills in his field, and an expert in the protection of intellectual property is not an exception. He is obliged to read and not know the norms of the Paris Convention, and be fluent in them so that the client does not get the impression that he has never opened it.

The rules that would regulate the question of when warning labels should be put, namely that TM is for the trademark that was filed for registration, and R is used when a trademark is considered to be already registered, The Paris Convention does not exist.

In order not to get the impression that someone wants to mislead you or confuse, consider the main possible variations of warning markings: Registered Trademark, registered trademark, Marks Registrada, Marfue deposee, R (in a circle), TM (abbreviated from Trademark) and t .P.

From this it can be understood that the warning marking, made in the form of TM or R, is basically the same, and therefore there are no significant differences between them.

You can make certain conclusions when analyzing the norms of the Law of Ukraine concerning the warning marking. Firstly, there is no mandatory requirement for the warning labeling. Owners can put it or not put it on your own. Secondly, the appearance of the warning marking can be chosen according to the preference of the trademark owner, and therefore by anyone.

An interesting fact is that in all countries the principle is the same, but there may be slight differences. For example, in the United States it is stipulated in the law that the warning label must necessarily be affixed near a registered trademark, otherwise the owner is deprived of the rights to protect it.

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