In this article, we will introduce a\ntopic that became very important and interesting for consideration lately, in\nparticular the role and significance of trademarks identifying certain goods or\nservices. In this regard, the trademark registration is very important asset in\na global economy, and the value that the same has in a modern business\nenvironment is immeasurable and it might even reach several tens of billions of\ndollars, which speaks for itself in terms of its importance and need for its\nquality protection. At present, it is absolutely unthinkable to imagine\nbusiness of a modern, large corporation without its trademark, and it can be\neven said that it becomes the easiest and the fastest way of communication\nbetween the manufacturers of goods, i.e. the service providers and those for\nwhom such goods and services are intended, i.e. the end users.<\/p>\n\n\n\n
In Bosnia and Herzegovina the trademark\nprotection is governed with the Trademark Act which came into force in 2010 and\nas such was a part of a whole set of legislative solutions in the field of intellectual\nproperty. Actually, it came as a result of a need for harmonization and\nadjustment of domestic legislation with existing modern European regulations. In\naccordance with the abovementioned, we can generally define a trademark as a\nright to protect a specific mark, which in economic transactions serves to distinguish\ngoods or services of a legal entity or an individual from the same or similar\ngoods and services of another legal entity or individual. Based on this conceptual\ndefinition of the trademark, it can be concluded that the trademark is a right,\nand actually very specific type of right, which unfortunately, in our country still\ndid not take the position that it deserves. This is, among other things, a\nconsequence of not so highly developed level of awareness of the entire\npopulation as well as business entities about the importance of trademark\nprotection. Therefore, in the coming period a special attention should be paid to\neducation of citizens as well as managers of companies.<\/p>\n\n\n\n
Thus, the trademark protection\nunderstands protection of a mark suitable for distinguishing the same or\nsimilar goods or services and the same has to be graphically displayable. In general,\nit understands recognizable words, including personal names, drawings, letters,\nnumbers, images, product shape or packaging, colour arrangement,\nthree-dimensional forms or a combination of these elements. When choosing a particular\ntrademark for identification of certain goods or services, it is necessary to take\ninto account its authenticity and expression, since a carefully selected and\nwell-known trademark, which will be protected later, is a precious asset for any\nbusiness. The reason is that consumers themselves value trademarks and they are\nwilling to pay much more for a product bearing a recognizable trademark that meets\ntheir expectations. However, it is important to have in mind that the term\ntrademark must be separated and strictly distinguished from the notion of brand\nand similar concepts.<\/p>\n\n\n\n
The brand, as a term, is defined in\na way that includes a number of elements that can include the brand name\nitself, its appearance, and appearance of packaging, then packaging design, label,\nshape, advertising and promotional activities. The brand is a term that our\nlegislation, as well as most of the legislations in Europe, does not recognize,\nand in most cases it is used by marketing experts. Therefore, it can be\nconcluded that while the trademark is exclusively related to law, on the other\nhand, the term brand is a marketing term. Therefore, the brand is a different\nand broader term than the trademark. The same can include a trademark, while a\ntrademark itself can represent a supply for a safer future of the brand because\na certain product, i.e. service derives its strength and value from the\ntrademark protection. A brand that is precisely protected in this way is more mobile,\ni.e. has great potential to be independently involved in market affairs and to\nrealize its perceived role in the market. Summarizing the above issue of the\ntrademark and brand, we can conclude that the trademark is not a brand, not a\nlogo, a company name or other sign, such as, for example, quality sign, and\nthis should be particularly emphasized.<\/p>\n\n\n\n
Furthermore, the main function of the\ntrademark is to enable customers to identify the products and services of a\nparticular company, making it different from other same or similar competing\nproducts and services. There is no need to emphasize the economic, legal and\nany other need for the trademark protection of a particular product since the\nnumbers speak enough for themselves. It is believed that the value of the\nworld’s most famous trademarks such as Coca-Cola, Apple, Samsung and others\nexceeds the overall value of other companies and the same is measured in tens\nof billions of dollars.<\/p>\n\n\n\n
The basic advantages of trademark\nprotection are reflected in the fact that protected intellectual property, or a\nmark, becomes the subject of legal trade. In this way, the mark same becomes a growing\nvalue and therefore also increases the value of the business entity as a holder\nof that right. In addition, trademark protection contributes to the suppression\nof the grey economy and the suppression of unfair competition. Furthermore, this\nlegal protection also acts preventively, and nobody can use the protected\nintellectual property without authorization of its holder.<\/p>\n\n\n\n
In addition to all these advantages,\nthe trademark protection represents a consumer protection tool as well\nmarketing tool, but in addition it is a basis for establishing a positive image\nin the public. On the other side, the rightful ownership of a reputable trademark\ngives the company an immediate competitive advance. Ultimately, the right\nholder has the exclusive right to prevent other persons from using or\nadvertising the same or similar product under the same or confusingly similar trademark,\nwhich, among other things, implies the right to prohibit other persons from\nunauthorized placing trademarks on the goods, its packaging or assets for\nmarking of goods; offering goods, placing them on the market or storing them;\nimport, export or transit of goods under the trademark; the use of a trademark on\nbusiness documents or for advertising, and the like.<\/p>\n\n\n\n
Bearing in mind the current relations in the world market of goods and services, the desire of “big players” to acquire an advantage in a competitive market, at any cost, without choosing the means to achieve their goals, then the leading idea of management of all manufacturers, traders, distributors and all other entities should primarily be the legal protection of such products and services obtained through the trademark protection. Only in this way there will be established prerequisites that a product or service become recognizable and attractive to end users, and in addition only in this way can be prevented possible negative consequences and damages that might arise from unauthorized use of protected goods by third parties. This is particularly related to the fact that a large number of products and services within the same market segment impose the need to be recognizable and easily identified in the minds of consumers and users, as it creates and reinforces customer’s attachment to the same and achieves easier sales of such products.<\/p>\n\n\n\n
Author: Ognjen Bogdanic, Senior Associate<\/p>\n\n\n\n
E-mail: ognjen@afsajic.com<\/p>\n","protected":false},"excerpt":{"rendered":"
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