What is a Trademark and why to register it?

What is a trademark and why register it?

* For your convenience and time saving, we offer to obtain the initial information on the Trademark by watching the video on the YouTube Channel of the managing partner of the Legal House “Copyright” Yuliia Iskova at the following link:

A trademark is the name of your business, what distinguishes your product/service from another: words, pictorial elements, individual letters, combinations of colors, combinations of letters or words with an image, and the like.

Opening your own business begins with the fact that you come up with a name and sign (logo, drawing, designation) that will distinguish you from other competitors and associate you with your company. Most believe that if they came up with such a sign, then it automatically belongs only to them and are deeply shocked when, after titanic labor to promote their own business under such a sign in the market and achieve recognition among consumers, it turns out that the sign does not belong to you, but someone went and registered it in their name. After that, you cannot use such a sign without the permission of the person who registered it.

Therefore, you need to protect your business in advance from the encroachments of unscrupulous competitors before starting to promote your own brand and contact specialists in the field of intellectual property – to ensure reliable right-wing protection.

 

So why do you need to register a brand?

  • To protect your name and be able to claim compensation for damage caused by violation of your trademark rights.
  • To grant permission to use the trademark to third parties (franchising, license).
  • To be able to prevent the misuse of the trademark, including prohibiting such use.
  • To obtain a domain in the ua zone and in ukr zone
  • To make a trademark in the authorized capital of the company.
  • To obtain permit documents.
  • To enter trademark into the Customs Register of Ukraine.
  • To increase the value of the business.
  • For filing an International Application under the Madrid Sign Registration System.

What do I need to know about the brand before I sign up?

1. General rules:

  • are protected only as a result of registration – in order to obtain legal protection, the trademark must be registered with the patent office (in Ukraine – Ukrpatent)
  • registration takes place in relation to certain goods and services – within the framework of 45 classes under the International Classification of Goods and Services (ICGS) – trademark receives legal protection in relation to the declared goods and services for which its use is planned;
  • trademark title is certified by the Trademark Certificate. The certificate is valid for 10 years from the date of the trademark application and can be renewed each time for another 10 years, for which the relevant government fees are paid.

2. Designation that it is possible to provide legal protection in Ukraine:

  • A word brand is a designation consisting of letters, numbers, as well as their combinations, including all other designations that are present on the keyboard
  • A pictorial trademark is a designation that consists solely of pictorial elements;
  • Combined trademark – when the verbal and pictorial parts are combined;
  • Volume brand – as a rule, these are three-dimensional designations of the packaging of goods, containers and the like;
  • Other designations are sound, light and others.

3. Designation that cannot be registered in Ukraine:

  • a designation that depicts or imitates: state coats of arms, flags, and other state symbols; emblems, abbreviated or full names of international intergovernmental organizations; official names of states; official control, warranty and test marks, seals, awards and other insignia;
  • designations that: generally do not have a distinguishing capacity and have not acquired one ​​rezultate their use; consist only of designations or data that are descriptive when used in relation to or in connection with the goods and services specified in the application, in particular, indicate the type, quality, composition, quantity, properties, purpose, value of goods and services, place and time of manufacture or sale of goods or services; consist only of designations that are common as designations of goods and services of a certain type; are false or that may mislead the product, service or person producing the product or providing the service; consist only of symbols, which are common symbols and terms; display only a form that is due to the ​​estestvennym condition of the product or the need to obtain a technical result or which indicate the essential value of the product;
  • designations contrary to the principles of morality, humanity, social order;
  • designations identical or similar to the degree of confusion with: trademarks registered or declared for registration in Ukraine in the name of another person for the same or similar goods and services; trademarks of other persons, if these marks are protected without registration on the basis of international treaties to which Ukraine is a party. In particular, with trademarks recognized as well known under Article 6 bis of the Paris Convention for the Protection of Industrial Property; brand names that are known in Ukraine and belong to other persons who received the right to them before the date of submitting an application for registration of a trademark to Ukrpatent, but only in the case of an application for the same or similar goods and services; qualified indications of the origin of goods (including alcohols and alcoholic beverages) protected in Ukraine; certification marks registered in accordance with the established procedure;
  • designations reproducing: names of industrial designs, rights to which belong in Ukraine to other persons; surnames, names, pseudonyms and derivatives of them, portraits and facsimiles of persons known in Ukraine without their consent; names of famous works of science, literature and art in Ukraine or quotes and characters from them, works of art and their fragments without the consent of copyright owners or their successors.

Of course, it is quite difficult to independently determine whether your designation meets the relevant requirements for obtaining legal assistance. This will help you with specialists in the field of intellectual property law, who should be contacted before introducing your mark into the active phase of advertising and, moreover, its registration.

The registration procedure can be conditionally divided into several stages:

We provide qualified legal support at all of these stages of registration.

1) Selection of classes from the International Classifier of Goods and Services (ICGS), in which you need to register a trademark.

2) The preliminary search of the trademark for identity and similarity is a check of the presence of identical or similar to the degree of confusion of already registered signs for goods and services and signs only submitted for registration in Ukraine. This search is carried out before the application for registration and, in general, is not necessarily a procedure, but is recommended by us, since only after it is carried out, you will be sure of the advisability of registering your brand.

3) Completing and applying for registration and payment of relevant government fees.

4) Conducting a formal and qualification examination. Specialists-experts of Ukrpatent carry out and, based on the results, issue and send appropriate decisions. After qualification examination – these are:

  • or the decision to register the trademark together with the cost of the fees for publishing and issuing the relevant certificate, which you must pay within the specified time frame;
  • or a decision on a possible refusal to register a trademark with an indication of the reasons for such a refusal and setting a period for which you have the opportunity to submit a reasoned response in favor of registering the declared designation.

5) Publication and issuance of the Certificate, which is an official security document issued on behalf of the state by the authorized body and certifying the ownership of trademark. The validity period of the certificate, we recall, is 10 years from the date of application for registration and can be extended every 10 years an unlimited number of times.

Trademark Renewal

If you are the owner of the trademark and have not extended the validity period of the Certificate in a timely manner, the missed period can be restored within 6 months from the date of its expiration. If this is not taken care of, then the legal protection of the trademark will be terminated, and you will lose all rights to your trademark.

We provide comprehensive renewal and renewal services.

Standard deadlines for registration procedures in Ukraine:

The usual registration procedure is from 18 months (the exact period is not legally fixed)

The accelerated registration procedure is 6-8 months (the exact period is not legally fixed), while such a procedure provides for the payment of additional fees.

What determines the cost of trademark registration:

  • trademark registration period;
  • the number of applicants;
  • the number of declared classes of ICGS;
  • the appearance and presence of color in the brand.

To determine the exact cost of our services and government fees for trademark registration, you need to contact us at the contacts indicated in the corresponding section of the site.

* Also, our specialists have experience in resolving such issues within the framework of the trademark registration process as:

  • change of the applicant at the registration stage,
  • change of the applicant’s details at the registration stage,
  • procedure for issuing a duplicate certificate, in case of its loss,
  • calculation of the cost of filing for registration of a trademark in other countries under the Madrid Protocol or on the basis of international agreements of Ukraine,
  • provision of information on the status of your already registered Brand.

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