Trademark Owner Rights

First, let’s remember what is a TM? In one of my blogs, I told you that a trademark (TM) is a way to protect the name of a business. This is your name, in which your reputation, recognition, and all the forces that you put into the business are collected.

Each trademark owner has certain rights. They are provided to the applicant and are valid from the moment of filing an application for brand registration.

Firstly, you, as the owner of a TM, have a property right due to a certificate of registration. The duration of such ownership is 10 years.

To extend this period, you need to file a request and pay the fee. By the way, this period can be extended an unlimited number of times.

With a title of protection, you will receive the following triad of rights:

– The right to prohibit someone from using your brand. According to Article 6 (Article 6-septies) of the Paris Convention, the owner of a mark has the right to prevent the use of the mark without his permission, unless he has given his consent to such use.

– the right to use the trademark at its discretion: to offer a product / service for sale, use in advertising, in any communications with consumers;

– the right to allow someone to use their TM: the desired “royalties” and franchising

This is impossible without a registered trademark. That is, if there is no TM, then there is no franchise.

Also, according to the Paris Convention, a person who has duly applied for brand registration in one of the countries party to this convention enjoys a priority right in other countries. It is the filing of an application that is the basis for the emergence of a priority right.

It should be borne in mind that such an application must be properly executed in accordance with the national legislation of the country.

Also under the Paris Convention, such priority periods for industrial designs and trademarks are six months.

It is important not to forget that citizens of the countries party to the Paris Convention enjoy the same benefits in all other participating countries.

So, to get all of the above rights, you first need to apply for registration of your cool TM. Let me help you with this right now!