Developing of a trademark and its protection
We have written a number of articles on the importance of trademark protection. Most often we are approached with logos that have already been developed and even used for a long time and our task is to ensure that this intellectual property object is registered so that in case of possible infringement by unfair parties, the owner will be able to enforce his rights. It happens that this is difficult to do, since even at the application stage we see that the designation shall be refused legal protection or negligible scope of rights which will be granted while entering the trademark in the State Register. What might be the difficulty?
Difficult situations in obtaining legal protection for a trademark arise when it lacks distinctiveness, may mislead consumers or infringe the rights of the third parties. When considerable sums of money and time have been invested in the development of a logo, production has started and there are consumers and possibly infringers, it is, to put it mildly, unpleasant to find out that you cannot protect your creation in a legal way and may even be infringing the rights of others. What to do? You may have to stop using a trademark, use a different one, and make an additional investment in the development of a new logo. It is much easier to think about the legal protection of a trademark before you create it, let alone use it.
