Multimedia

Trademark Is The Foundation Of Your Business

05.06.2012
Catergory: Useful Articles

Vladimir Dribnich
Managing Partner in the Patent and Law Agency "Dribnych, Medvedev and Partners" President of the Companies Group "Emerald City", Patent Attorney, Independent expert appraiser, lawyer.

In modern dynamic, rapidly changing world you cannot remain aloof from the world trends of the business development and operation. As of today, in the presence of equal opportunities for access to information and technical conditions, the competition is moved into the sphere of intellectual property achievements. The world business has long appreciated the value and importance of intellectual property. The cost of some brands is sometimes up to 70% of the enterprise value including all of its assets. And the profits can be obtained through the use of a single invention.

Therefore, registration, effective management and protection of intellectual property in the company have particular importance. For most effective use of intellectual property requires a comprehensive approach to building intellectual capital of the company, its protection and management.

Today, the defining element in promoting their goods or services is individualization or labeling of products. So it is needed to go to market under own "name". The name allows the company to differentiate themselves from competitors and to ensure recognition of their product or service. This instrument acts as a trademark. Trademark is an asset that works for business with the greatest profit. Each hryvnia, which the firm invests in advertising of its trademark, returns in the form of profit in the long run time. There are companies that do not need advertising because of their name and reputation are already working on them.

Protecting their own brand is a very important link in the process of business development. Because there are so many who want to "parasite" on your good name. The need for trademark registration is that in the event of unauthorized use of the trademark the company owner of the certificate may obtain redress for violations of their rights. If the firm has not received a certificate for a trademark, it has no right to prohibit other companies to use this trademark.

According to Ukrainian legislation the holder of the certificate on mark for the goods and services must be in good faith to use his rights as specified in the certificate. The holder of the certificate on the mark for the goods and services has the exclusive right not to allow other market participants to use the mark without his consent. For a company that owns the brand is important to continuously monitor, so that no one violated her rights. Indeed, in the event of unauthorized use of the mark owner of the certificate may prohibit such use, and the offender is obliged to pay damages.

Thus, having issued his rights to the mark for the goods and services, the owner has the right to use it on his own. It should be noted that one of the most important and promising areas of effective management of the brand name may not only be using it to promote their products, as well as human - a franchising agreement. In Ukraine, the franchise agreement is the contract of franchise. In this case you can not only transfer the brand, but the whole style of the construction business. Along with your brand recipient company receives your reputation and good name - goodwill.

There is also such a thing as an assessment of intellectual property. The assessment of intellectual property makes it possible to determine the value of the final products of intellectual work in cash. The need for the assessment of intellectual property typically occurs when the transactions of purchase and sale of patents, trademarks take place, or when entering into a license agreement for the right to use intellectual property as well as in determining the amount of compensation for damage caused by illegal use of the right holder of its patents, trademarks, etc.

As an example of the effective and successful use of intellectual property can be identified Buddha Bar, SushiYA, World Card, the Emerald City, Meeting Point, as well as other partners, and customers of our Company.

Thus, our partners and customers not only register their intellectual property rights, protect their rights and know the value of their intellectual property but also actively convey the right to use its intellectual property, as well as the whole concept of a business forming, obtaining thus an additional income.

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