4 March, 2024

How much does it cost to register a trademark?

Insights
8 minutes

Trademark registration is a key step for any entrepreneur looking to protect their brand and products in the marketplace. This process not only provides legal protection for your name and logo but also prevents potential disputes related to trademark infringement. In Ukraine, as in many other countries, there are certain nuances and requirements for filing an application for trademark registration, which you need to know about in advance.

The cost of registering a trademark in Ukraine may vary depending on various factors, including the choice of classes according to the Nice classification and the need to consult a lawyer.

In this article, we will take a detailed look at what steps you need to take to successfully register your trademark, what difficulties may arise, such as refusal to register a trademark, and how to avoid common mistakes.

Why is trademark registration important?

Trademark registration is not just a formality, but a necessity to protect your business and its recognition in the market. This process provides legal protection for your brand by preventing the use of your name, logo, or other unique marks without your consent. The key aspect is that the owner of a registered trademark receives the exclusive right to use it for commercial purposes. This means that any attempt at trademark infringement can be stopped through legal proceedings, which in turn helps maintain reputation and trust in the brand.

Refusal to register a trademark may occur for a variety of reasons, including similarity to already registered marks, lack of uniqueness, or non-compliance with legal requirements. Such a failure not only delays the process of launching a product on the market but can also lead to the need for a complete branding change, which entails additional costs and loss of time.

A registered trademark provides the right to go to court to protect your interests in the event of a violation of rights. This means that you can seek compensation for damages and stop the illegal use of your mark. Thus, registration is a powerful tool against unfair competition and counterfeiting of goods.

Trademark registration is also important for business expansion as it allows the owner to easily enter new markets while ensuring brand protection internationally. In the context of globalization and open markets, owning a registered trademark is becoming an integral part of the successful development strategy of any business.

Trademark Application Process

Processing an application for trademark registration in Ukraine requires a careful approach and understanding of all stages of the procedure. This knowledge will help you avoid possible mistakes and speed up the process of obtaining the desired protection for your brand.

A thorough search of already registered and applied-for trademarks must be conducted before applying for registration. This will ensure that your brand is unique and reduce the risk of rejection. In Ukraine, such a search can be carried out through the database at the Ukrainian National Office of Intellectual Property and Innovation.

After a successful search, the next step is to prepare and submit an application, which should include:

  • The name of the applicant and his legal address.
  • Visual representation of the brand, if it is graphically designed.
  • List of goods and services for which a trademark is applied, according to the Nice Classification.
  • Confirmation of payment of state duty.

TM registration in Ukraine It takes a certain amount of time, from submitting an application to receiving a certificate of registration. Time frames may vary, but on average the registration process takes 18 to 22 months, including all stages of verification and publication. It is important to consider that possible objections or the need for additional information may increase these deadlines.

It can be extremely useful at this stage to consult with a lawyer or contact lawyers from Ukraine specializing in intellectual property. Professionals will help you correctly prepare all documents, carry out the necessary checks and represent your interests at the Ukrainian National Office of Intellectual Property and Innovation, which will significantly increase the chances of successful registration without additional delays.

To summarize, the process of applying for trademark registration in Ukraine requires attention to detail and an understanding of the specifics of local legislation. The right approach and the use of professional assistance increase the likelihood of obtaining protection for your brand without wasting time and resources.

The cost of registering a trademark in Ukraine

Definitioncost of registering a trademark in Ukraine is an important planning aspect for any business looking to protect its brand. This process includes not only government fees but also possible costs for the services of intellectual property specialists, as well as additional costs associated with filing and reviewing the application.

State fees for registering a trademark in Ukraine may vary depending on the number of classes of the Nice Classification for which the application is submitted, as well as on the chosen method of filing the application (paper or electronic). At the time of writing, the basic cost of applying for one class is approximately 3,835 hryvnia. However, it is worth considering that for each additional class, you will need to pay an additional amount.

Many businesses and individual entrepreneurs choose to contact intellectual property lawyers to apply for trademark registration. This ensures professional preparation of documents and increases the chances of successfully completing the registration process. The cost of specialist services can vary significantly depending on the complexity of the case and the reputation of the law firm, but on average it starts from 5,500 hryvnia.

Additional costs may arise during the trademark registration process, such as the cost of conducting a preliminary search of the registered trademark database, fees for expedited processing of the application, as well as the costs of possible objections and additional procedures. These expenses can significantly increase the overall cost of the process.

How much does it cost to register a trademark?

So, the total cost of registering a trademark in Ukraine can vary widely and depends on many factors, including the number of classes of goods and services, the need to use the services of specialists and possible additional costs. It is important to do careful analysis and planning in advance to avoid unexpected costs.

Understanding all aspects related to registration costs allows a business to effectively manage its budget and ensure the successful protection of intellectual property.

Getting professional help: consultations with lawyers and attorneys in Ukraine

When registering a trademark, especially for start-up entrepreneurs and foreign companies entering the Ukrainian market, many questions and uncertainties may arise. In such cases, seeking professional help not only simplifies the process but also significantly increases the chances of its successful completion.

Consultations with lawyers at Polikarpov Law Firm on intellectual property issues can prove invaluable at all stages of trademark registration. Polikarpov Law Firm lawyers will help:

  • Conduct a thorough market and database analysis for existing trademarks to avoid possible conflicts;
  • Correctly complete the application, including determining the classes of goods and services according to the Nice Classification;
  • Formulate objections and responses to requests from the Ukrainian National Office of Intellectual Property and Innovation in case of disputes;
  • Represent your interests in court in the event of disputes regarding trademark infringement.

Seeking help from specialists not only speeds up the registration process but also minimizes the risks of refusal or lengthy legal proceedings in the future. In addition, lawyers and attorneys can offer strategies to protect and monetize your intellectual property, which is especially important in an environment of high competition and risks of infringement.

Although intellectual property services require additional investment, they pay for themselves by providing you with peace of mind that your brand will be protected and you will save time and resources in the long run.

Conclusions

Registering a trademark in Ukraine is an important step towards protecting your brand and strengthening your position in the market. As we have found, this process involves not only submitting an application and waiting for its approval but also careful preliminary preparation, including checking the uniqueness of the brand and determining the appropriate classes of goods and services.

The cost of registering a trademark in Ukraine can vary depending on many factors, including the number of classes and the need to use the services of specialists.

Consulting with an attorney or attorney who specializes in intellectual property not only helps ensure a smooth registration process but also provides additional protection should trademark infringement disputes arise. Experts will help you navigate the complex world of intellectual property law and provide support at all stages of trademark registration and use.

In conclusion, taking care of your trademark registration is not just a legal necessity, but a strategic investment in the future of your business. Pay due attention to this process and your brand will be reliably protected from possible threats and ready to expand into new markets.

If you have questions or need more information, don’t hesitate to seek professional help. Your brand is a valuable asset and protecting it should be a priority.

What are the total costs of trademark registration

The cost of trademark registration will be as follows;

The cost of our services for registration is UAH 5,500 (up to 3 classes inclusive)

The cost of state fees is UAH 3,685 (+ UAH 3,600 for each additional class)

If a trademark is registered in colour, the state fee increases by UAH 750.

If several persons own a trademark, the cost of the state fee increases by 30%.

*The cost of the state fee if you pay it to the registration authority yourself. In case of payment with our assistance, the cost of the fee will be 5% higher, as we pay tax on this amount.

In other words, the total cost of registering a trademark in one class in black and white per applicant will be UAH 9,185;

This is the total amount of registration excluding preliminary search services in Ukraine. The cost of registration in other countries will differ due to the size of national fees in each country;

What factors affect the cost of trademark registration?

The cost of trademark registration may be affected by the following factors:

  1. Number of classes. A state fee is paid for each class of registration. Accordingly, the more classes of registration you need, the higher the state fee will be.
  2. Colour of the trademark. If a trademark is filed without specifying a colour (in black and white), the state fee does not increase. However, if a colour trademark is registered, a state fee of UAH 750 is required.
  3. Number of applicants. If there is more than one applicant, the cost of the state fee will increase by 30%.
  4. The applicant is a non-resident. If the applicant is a non-resident of Ukraine, instead of the final fee of UAH 85, such a person must pay a fee of USD 200;
  5. Additional actions. If, during the registration process, you want to reduce the list of the declared class, change the data of the applicant or representative, etc., you will have to pay additional fees. In addition, if during the registration process it is necessary to submit a reasoned response to the notice of preliminary refusal of registration, this may entail additional costs for legal assistance in preparing such a response;

Are there any additional fees or charges after registration?

Once all fees have been paid and the trademark has been successfully registered, additional fees may be due upon the following events:

  1. If it is necessary to perform any actions with the certificate, for example, to make changes to the data of the trademark owner, or to transfer the rights to such a trademark to another person. Such applications and petitions to the registration authority are accompanied by the payment of a state fee for the relevant actions.
  2. If upon expiry of the registration certificate (after 10 years) there is a need to extend the validity of such certificate for another 10 years, a fee for the extension of the certificate/

If my trademark is not registered, will I get a refund?

If you are refused to register a trademark, the state fee that was paid at the beginning for filing an application is not refundable:

the fee is paid for the fact of filing an application for trademark registration, not for the fact of registration itself. The state fee for the publication of the application and the issuance of the certificate is paid at the end after receiving a decision on successful registration.

Resources
  1. The Law of Ukraine “On Protection of Rights to Trademarks and Service Marks”. Link. 
  2. Madrid Agreement Concerning the International Registration of Marks. Link.
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