Tag Archives: Trademarks

Trademarks vs Trade Names: Differences You Should Know



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When starting a business, there is often some confusion about the registration of business name, in particular confusion between trade names and trademarks. The terms “trade name” and “trademark” sound similar, but it is important for business owners – especially those just starting businesses – to know the difference. Selecting and registering trade names and trademarks is an important part of establishing a brand presence and recognition in the marketplace for a company and its products, so it’s a process that should be considered carefully.

A trade name is your company’s official name under which it does business. A trademark protects the intellectual property of a business. Trademark may include logos, symbols, words, phrases, slogans, or other designs that help customers identify your company. Trademark can also be associated with your trade name. When consumers look for products and services, they often rely on the trademarks to find the items they want. An important reason to distinguish between trade names and trademarks is that if a business starts to use its trade name to identify products and services, it could be perceived that the trade name is now functioning as a trademark, which could potentially infringe on existing trademarks.

Trade name

Registering your company’s trade name is much simpler than registering for a trademark but doesn’t offer the same legal protection. It only serves as the official name of your company. You need to register your company’s trade name with the state registration authority as soon as you decide to incorporate a company. When you do so, your company will gain recognition as a legal entity. The registration process also makes it legal for your company to enter into contracts and participate in other legal forms of business. The practical function of registering a trade name is primarily for administrative and accounting purposes, such as filing taxes, issuing pay to employees, setting up websites and other online presences, advertising, and product packaging, etc. Registration requirements for trade names are really geared more toward making the tax authorities aware of your business than they are toward providing any substantial brand name protection. However, even though registering a trade name does not provide legal protection in the way that registering a trademark does, selecting a trade name should still be done thoughtfully, as it is the initial step in establishing an identity for your company in the marketplace.

Revised Rules of Dispute Resolution Committee of the Intellectual Property Office of Mongolia Comes into Force (Part 2)



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In continuation of our previous article we will continue to highlight and discuss about new regulations provided for in revised Rules of Dispute Resolution Committee (Committee).

Pursuant to new Rules chairman of the Committee shall preside hearings. In his absence a member of the Committee, who was appointed by chairman of the Committee to temporarily perform his duties, shall preside the hearings. Hearings shall be valid upon participation by majority of members of the Committee. Chairman, secretary and members of the Committee shall participate in hearings with the right to make and carry out decisions, and Head of IPOM may participate in hearings with the right to advise. In such case members of the Committee must hear out and take into consideration suggestions and comments of Head of IPOM regarding the case. Under new Rules Secretary of the Committee has new additional duties, such as coordinating internal affairs of the Committee, taking preparation measures for hearings, and keeping records of hearings.

Pursuant to old Rules the Committee issued two types of decisions: conclusion and resolution. Under new Rules the Committee shall issue only resolution. Issued resolution shall be delivered to Head of IPOM within 7 days from date of issuance, and Head of IPOM shall approve the resolution with his/her order within 3 days. If Head of IPOM deems that there are no grounds to approve the resolution, he/she will send an explanation to the Committee in writing. The Committee shall discuss such explanation at hearing and carry out one of following decisions: if agrees with such explanation – shall revise/amend the resolution, if disagrees with such explanation – shall re-deliver the resolution as is to Head of IPOM for approval. The resolution shall come into force when chairman of the Committee reads it out at hearing.

New Rules include new regulations, such as competence and rights of the Committee, rights and duties of participants of dispute resolution case, grounds to challenge a member(s) of the Committee from dispute resolution case. In case if a member(s) of the Committee is challenged and due to this the hearing becomes invalid, Head of IPOM shall appoint new members of Committee to resolve such specific case.

Using Customs Seizure to Stop Import of Infringing Products to Mongolia



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Our firm’s Mongolian intellectual property lawyers have seen a lot of inquires in recent months from clients seeking assistance regarding counterfeit products which were being sold in Mongolia.

There are several mechanisms our Mongolian lawyers recommend to deal with counterfeit products in Mongolia.  One of the most important of these is utilizing Customs to restrict entry of counterfeit products or goods infringing registered trademarks from entering Mongolia.

This works by seizing infringing goods at Customs upon attempted entry into Mongolia. Before this may be done, the authentic goods bearing a validly registered Mongolian Trademark must be registered with Customs.

This registration process is relatively easy, requiring documentation of the registered trademarks, basic information regarding the trademark owner, a description of the products, and a list of items requested to be reviewed and protected by Customs. Our Mongolian lawyers will walk you through the process. The review procedure will talk approximately 30 days from the date of submission of the application, after which, the registered information will be forwarded to Customs entry points around Mongolia.

A written request for seizure of infringing goods, must be submitted along with a small cash deposit or bank guarantee. The customs office prefers having the deposit to avoid incurring any damages to importer before starting examination of infringing goods based on the original goods with customs registration.

Our Mongolian lawyers and clients have found such Customs seizures to be effective at blocking incoming shipments of infringing products. However it is important to note the applicant seeking to block the shipments must have a valid, registered Mongolian trademark in order to support such action by Customs.