Name of the group - one of the most important issues facing the young team. Think little good combination of letters / words, you must also original in their choice. But is this really necessary? Let us see what are afflicted with the same name for the group. The newly formed group struggling to come up with something original, known as groups large sums to defend his good name. Nor coincidences occur. Group Akron, Svarga, bow, Asgard, GROM in Russia, there are two copies. And this is only a small part of such an unfortunate coincidence for the groups themselves. In RossiiRossiyskoe legislation in this area is represented by three major laws. First, it is the Russian Federation Law "On Trademarks, Service Marks and Appellations of origin '(from 23.09.1992 № 3520-I, as amended on 24.12.2002), which are applied to the names of musical groups. Second - it is the Civil Code, which also contains useful information for the protection of his name. Third were possible in some cases, the application of the law "On Copyright and Related Rights" (from 09.07.1993 № 5351-I, as amended on 20.07.2004). Sootvestvtenno how to protect the name of the group decides, depending on how to use the law for musicians. But more on that later, but now we want to try to understand what is the name of a group from a legal perspective. Just run a search for all databases of legislation, it is clear that the legal term is identical in meaning "Name the musical collective" our law does not exist. Moreover, there are no prerequisites to their origin not seen how this concept lawyers consider a special case of "brand." Only if it works abroad, in our country this problemy.Zakon RF "On trademarks, service marks and appellations of origin" Article 1: The trademark and service mark (hereinafter - the brand) - a label intended individualization of goods, works or services ( hereinafter - goods) of natural or legal persons. Article 2.1: The legal protection of the brand in the Russian Federation on the basis of its registration (hereinafter - registration) so by this Act or under international treaties. Article 4: The right holder has the right to use the trademark and prohibit the use of the mark by others. Nobody can patented in the Russian Federation make use without permission pravoobladatelya.Kazalos would that be for groups. Registered and sleep well, knowing that the more groups with the same name will not be. But not all so simple. Read More: Article 6 of the Law: Absolute grounds for refusal. A. May not be registered as trademarks, not distinctive or only with the elements - which relate commonplace on goods of a certain kind, are - are often symbols and terms - describe products, including its nature, quality, quantity, properties, purpose, value and for a time, place, manner of manufacture or distribution - represent the shape of goods which is exclusively or predominantly owned or intended destination. Specified items in the second - the fifth of this paragraph may be included as unprotected elements in a brand if they do not occupy a dominant position in it. The provisions of this paragraph shall not apply to signs which acquired distinctiveness through use apply. Second In accordance with the international treaties of the Russian Federation may not be registered as a trade mark, the official only from the elements, the armorial bearings, flags and other State emblems, abbreviations, or full names of international intergovernmental organizations, their coats of arms, flags, other emblems, control are, warranty or trademarks, seals, awards and other distinctions or to the point of confusion is similar to them. These items can be included as unprotected elements in a trademark when it approval of the competent authority. Third May not be registered as trademarks, or contain elements: - that is wrong or mislead the consumer as to the product or the manufacturer - as opposed to the public interest and the principles of humanity and morality. 4th Can not be registered as a trade mark which is identical or confusingly similar to the official name and images of the most valuable objects of cultural heritage of the Russian Federation or the objects of the world cultural and natural heritage, as well as images of cultural values, which are stored in collections and funds that such entry is on behalf of persons who are not its owner (owners) without the consent of the owner or person authorized by the owner requests, the registration of such names as trademarks znakov.Statya 7 (a continuation of the theme): 1 Can not be registered as a trade mark which is identical or confusingly similar to: - applied marks of other persons for the registration (if you requested it not withdrawn) at or protected in the Russian Federation, including in accordance with the international treaties of the Russian Federation, relating to the goods and an earlier priority - marks of other persons who by this Act, in the Russian marks in relation to goods that are known to be recognized. Allows registration as a trade mark in relation to goods names confusingly similar to a trade mark within the meaning of the second or third paragraph of this paragraph except with the consent of the author. Second Can not be registered as a trade mark in relation to goods which are identical or confusingly similar protection to the names of places of origin in accordance with this Act, unless such names are registered as unprotected elements of a brand in the names of the persons who entitled to use such names. Third Can not be registered as trade marks that are identical: - protected in the Russian Federation, the company (or part thereof) in respect of similar goods, industrial designs, marks, the rights to which the Russian Federation prior to any other person the priority date of the registered trade mark - name in the Russian Federation on the date of filing of the works of science, literature and art, character or quote from this work known, the work of art or a fragment thereof, without the consent of the copyright owner or his successor if the rights to these works before the date of priority of the registered trademark symbol - name, first name, nickname, or by selecting it, portraits and facsimiles of the time of filing person without their consent or naslednika.I known here the problems begin. In the Russian translation of the article 6 of the Law "On Trademarks, service marks and appellations of origin" means that the group, whose name is not the fruit of a sick imagination of the musicians can not be name as a trademark. Check the registry to find out that the word is the name Wolfsangel a Rune, and the bow - an ancient city in the Urals, and both teams will refuse to register, with reference to paragraph 1 of Article 6 of the Act. And not inconsistent with the principles of humanity and morality of the group name ANAL BLAST? Fortunately, this is not the domestic group companies, otherwise they would have absolutely nothing to stand in online registration desk. Articles 6 and 7 of the Act. "On trademarks, service marks and appellations of origin" hard break about 75% of domestic groups to its name as a brand znaka.No the register is not set everything The essence of the term "brand" is such that it is possible to apply only in relation to the goods. First, the newly formed teams will have to sell just anything. Secondly, even if it was for sale, if you do not register ordinary problems. Under the Act, the application for registration of a mark shall be accompanied "a list of goods for which registration of the mark, and according to the International Classification of Goods and Services for the characters grouped." Believe me, there is no point in this classification, at least approximately suitable for, what the team go for trade, ie Music. Of course, the team can act and t-shirts with your logo, but in this case the musicians with the need to find a cover for the production of souvenirs, such as the Criminal Code of the Russian Federation has faced an article about the illegal business practices. In addition, individuals mark law does not belong. It must be a company or a legal form of ownership, or, in extreme cases, a business without a legal entity, but also registered. In general, very few people in our country the shining symbol "TM" and "R" to see next to the name of the group. But that's almost the only way to legally prohibit other teams have the same nazvanie.Pereydem to the next document. BGB is the use of aliases. Actually, this is a consequence of the constitutional provision of the right to the name. Thus, the collective of musicians is a written agreement on the implementation of joint creative, concerts and other musical activities under this name, signed by members of the collective. This paper is about the rights of a civil contract, the Notary will be registered. Such an agreement, if a group of the same name, will help, if you like to play the date of the "priority" and the title role in the negotiations or litigation. But only in theory. In practice however, this is impossible. Throughout history, there was no precedent of legal proceedings between Peter and Peter Ivanov Ivanov, on the one of them has the right to bear such a name. Collective pseudonym of course, not an option, but the same law clearly shows the way to solve the problem. The name (not all) can as the original name for the group used in the process of the registration of the mark. In fact, his words barely DIO and BON JOVI some common terms and concepts, and common decency. In this respect are those names for registration of trade marks in all criteria in zakone.Zakon Russian Federation "On Copyright and Related Rights" offers another chance to protect the group its name. Original title, not part of the vernacular, as the title of one of the songs used. Hence the name is subject to copyright. In this case, the owner can not use the word / phrase as the title of the other group, because it is part of their copyright works. But register the copyright is much easier than a brand. In fact, copyright law does not require special approval, it appears at the moment of the work. So do not think that the hype from various law firms. Certificate of copyright in the work - pure quackery. The author can only take care of the simple proof that he first heard the word / phrase, with a simple and affordable way to record that is a song and send it, to go in the mail. Postmark on the package containing the date of delivery. This is dostatochno.Tem same groups whose names can not very original (eg brick or ST) just try to register as a trademark the logo (graphic). Of course this does not mean you reduce the number of groups with the same name and will not prevent their occurrence separately, but this is a good defense against pirates and various PR people who can add recognizable logos in their marketing materials. This is what the symbols "TM" and "R" next to the logo of the world famous band KISS and AC / DC, as well as many, many others. Generally accepted the registration of the group's logo, that certain words / phrases, drawn in a certain way. This is a universal practice, as a separate word register is almost impossible, it must be meaningless if the volume of letters, with no semantic meaning in the modern yazykah.Bolshe not any legal way to somehow formalize a name for the group in Russia, exist. But among the musicians are rumors about the alleged ongoing registration of names of various organizations that monitor compliance of copyright. That's not true. Organizations such as the notorious Russian Authors' Society (RAO) are not public and can no actions on the official registration of names. Their purpose - to comply with copyright to supervise groups that agreement, distribution of royalties and international activities in this area. Local rock bands cooperation with such organizations are generally not useful to the contrary, limiting the group to dispose of the rights to their own creativity. For granitseySrazu should be noted that international law, which gave the general procedure for the registration of the names of all groups not it describes. But will allow a number of international agreements a single database of registered trademarks. Thanks to this agreement abroad registered trademarks are protected by law, including in Russia. Although in some countries, trademark registration is much easier than in Russia, allowing domestic teams still a coveted symbol "TM" next to your logo. For example, many firms offer in the U.S. for legal reasons a particular service "Registering group name as a brand." Restrictions and requirements on the title are the same as in Russia (original title, not the common terms and concepts, etc.), but if the name suits them, then the registry itself is much simpler. It does not take a legal entity. Typically, the name of the firm is registered, and then just sell the brand issued to an individual, which means that group. This service costs from 300 to 600 conventional American units. Theoretically, such a system should work in Russia, but for some reason none of the protected domestic companies such services predlagaet.Edinstvenno incorrect from the point of view of the law in the name of the group abroad is a "brand" (trademark). The method described above, with the name of the group as part of the work (copyright) in other countries tend not ispolzuetsya.Kak in many countries mentioned the procedure for obtaining a brand is much easier than in Russia, but not all countries provide international support, to register the mark. For example, in the U.S. on the so-called standard federal trademark, which protects only the names registered in the U.S.. There are many nuances in the registration of the mark abroad. Right now, 175 countries through the registration of trade marks in some of these countries are allowed to set a symbol "TM" even close to an officially recognized name. In the U.S., it is assumed that the registered marks with the letter "R" in a circle are marked, while the "TM" is rarely used. 60 countries also collect special "entertainment service mark" (entertainment service mark) specific to different types of music, theater and other groups and companies. In show business This registration is valid in all 60 countries, but in other countries it is not detected, because the local law is not only ponyatie.Vybiraya company that will register the name of the group, you have a look at the effect of such registration to advise other countries and. the specifics of the registry to not spending too much on benefits no bumazhku.Preventivnye meryRok music not pay primarily commercial area Many groups and all are deep underground. So it's unlikely anyone would want to make money. In the name of the little-known team Group of the same name continues to appear and coexist, there is no way around it. If we had an experience that younger groups should not fear the threats of her unexpected namesakes. Sue someone in the present legislation is unlikely. Of course, except in cases where a new group of 1-1 copies of the original name of their more successful colleagues, do not hesitate and graphical logotipov.No repeat always to a minimum the possibility of chance is reduced. At the moment there are several databases with the names of groups that help existing groups will make themselves known, and the newly formed teams are not captured with the choice of name. Inform you of the biggest of them: www.thebandregister2.co.ukStareyshaya online database of the group name. This project was established in 1993 and is considered the largest in the world. Free registration is possible to create a really huge database. Now newly registered groups given serial numbers, pass for the 30th Million euros. Recently, the service provides a variety of free premium services, including the Federal Trademark registration in the United States in just 30 dollarov.Suschestvuet to search the database. www.bandname.comPolnostyu paid service to register the names of the groups. The cost for a range of services: from 10 to 20 dollars. As a result, a much more modest size of the database - "only" 750,000 names of groups. Unlike tape RegisterServiceProcess band name checks all incoming information for accuracy, and is engaged in the publication of the list group. As a result, the information of the service will rely on major labels, catalogs regularly come to the Library of Congress. This service does not provide free services for the registration of trademarks and copyrights prav.Suschestvuet to search the database. Source: liveinternet.ru / users / rock music
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