Checking a new product for someone else's intellectual property rights
Posted: Thu Jan 23, 2025 4:47 am
It would seem that everything is ready: marketing research has defined the market niches of the product being launched, the promotion methods are clear, and the technologists are waiting for the "Launch" command. But there is still one important detail, ignoring which can nip the idea of making money on a new product in the bud. We are talking about the need to check whether your product violates anyone's intellectual property rights. The algorithm here is as follows.
Determining the uniqueness of a logo and name
You should make sure that the brand and product name you use have not been previously registered by anyone else and can be used by your company as a trademark.
If after the launch it turns out that lawyer database someone has already registered this trademark before you, you will have to change the name and, most likely, the design of the product, and also pay fines and bear associated costs. In general, a complete loss of money, and most importantly - time.
Determining the uniqueness of a logo and name
The owner of a trademark whose right has been violated has the right to sue for compensation of up to 5 million rubles. And in addition, he can sell your idea with his logo to more agile competitors at a reasonable price. Now that would be a serious loss.
Sometimes it is profitable to manufacture a product abroad and import it for domestic sale. But this still does not free the seller (in this case, the importer) from respecting someone else's intellectual property rights.
To avoid conflict situations, you need to check whether your trademark is listed in the Customs Register of Intellectual Property Objects (TROIS). If such a record is present, the products will most likely be stopped at the border, and a case of administrative violation will be opened against your company. Not only does this procedure provide for the confiscation of the disputed property (goods), but you will also have to pay a fine!
Determining the uniqueness of a logo and name
You should make sure that the brand and product name you use have not been previously registered by anyone else and can be used by your company as a trademark.
If after the launch it turns out that lawyer database someone has already registered this trademark before you, you will have to change the name and, most likely, the design of the product, and also pay fines and bear associated costs. In general, a complete loss of money, and most importantly - time.
Determining the uniqueness of a logo and name
The owner of a trademark whose right has been violated has the right to sue for compensation of up to 5 million rubles. And in addition, he can sell your idea with his logo to more agile competitors at a reasonable price. Now that would be a serious loss.
Sometimes it is profitable to manufacture a product abroad and import it for domestic sale. But this still does not free the seller (in this case, the importer) from respecting someone else's intellectual property rights.
To avoid conflict situations, you need to check whether your trademark is listed in the Customs Register of Intellectual Property Objects (TROIS). If such a record is present, the products will most likely be stopped at the border, and a case of administrative violation will be opened against your company. Not only does this procedure provide for the confiscation of the disputed property (goods), but you will also have to pay a fine!