What is a trademark and what is its purpose?

A trademark is a distinctive sign of either an individual's or company's products or services on the market.

A trademark is a distinctive sign. It is used to distinguish and individualise products and services on the market from other identical or similar products or services, as well as to identify their business origin, and, to a certain extent, to be an indicator of quality and a way to promote sales.

The trademark is therefore the distinctive sign used by businesses to distinguish their products or services on the market from their competitors' products or services.

Along with the trademark proper or individual trademark, the Law regulates the collective mark and the quality mark. The collective mark is used to distinguish market the products or services of the members of an association of manufacturers, traders or service providers on the market. The owner of this trademark is the association.

The quality mark guarantees or certifies that the products or services it applies to fulfil common requirements, especially those regarding its quality, components, geographical origin, technical conditions, product production method, etc. This trademark cannot be used by its owner, but rather by third parties it authorises, after controlling and evaluating that the products or services of this third party fulfil the requirements that the trademark guarantees or certifies.

For both the collective and quality marks to be registered, the registration application must be accompanied by the corresponding regulation governing the use of the mark.