Trade mark

Any sign that may be represented graphically may be considered to be a trade mark (service mark), provided that such a sign might be used to distinguish the goods (services) offered by one enterprise from those offered by other enterprises. In particular, the following items may be considered to be trade marks: a word, a drawing, an ornament, combinations of colours, a three-dimensional shape including the form of the product or its packaging, as well as a tune or another acoustic signal.

A trade mark (service mark) is protected only with regard to the goods (services) for which it was registered. Only renowned trade marks are protected against all goods and services.

Nowadays a practical significance of a trade mark (service mark) is not to be doubted. A trade mark informs all people about features of goods or services that are offered, evokes the same notion in them that a certain product or service has certain specific features. Nowadays, trade marks constitute a significant components of assets of most companies. The value of a certain trade mark depends on the opinions, beliefs and trust of consumers.

The oldest function connected with a trade mark is the function of origin. It is also called a distinguishing, distinctive or individualistic function. Other functions of trade mark include quality, advertising and security functions.