8 March, 2024

How to patent a logo?

Insights
8 minutes

Note: This article uses terms such as ‘how to patent a logo’, ‘logo patent’ and others which, while not legally accurate, reflect our clients’ requests and understanding. We understand that the most important thing to our customers is the protection of their intellectual property, even if this is not always expressed in precise terms. We are always ready to help clients in ensuring that their rights and interests are protected, regardless of what terms they use.

Your company logo is more than just a beautiful design. It’s a visual representation of your brand that instantly communicates your values ​​and personality to customers. That is why it is very important to protect your logo from unauthorized use or imitation. In Ukraine, the best way to protect intellectual property is logo registration.

Although the term is often used to patent the logo, this process involves registering the logo as a trademark. This legal process gives you exclusive rights to use your logo, helping you prevent others from cashing in on your hard-earned reputation. If you are considering the option of logo registration in Ukraine, this article will walk you through the basic steps

Logo Patenting Process in Ukraine

It is important to understand that the term patent the logo is not technically accurate. Logos as distinctive visual symbols are protected under trademark law, not patent law. Trademarks protect signs that uniquely identify your business’s goods and services, including logos, slogans, and brand names. Below is a description of the trademark registration process in Ukraine:

  1. Trademark check: Before you begin the formal application process, you need to conduct a thorough investigation of trademark verification. This includes searching the Ukrainian trademark office database to ensure that your proposed logo does not infringe on existing trademarks. A thorough search will help avoid potential failures and costly conflicts in the future.
  2. Request: If your logo is available, you need to prepare a formal application for trademark registration. It includes a clear image of your logo, a detailed description of trademark registration for goods and services, which you want to protect, and relevant information about the applicant.
  3. Examination: The Ukrainian National Office of Intellectual Property and Innovation will carefully study your application. They will check that it meets all legal requirements and that your logo is distinctive enough to avoid conflict with existing trademarks.
  4. Publication: If your application passes the initial examination, the TM will be approved and published.
  5. Obtaining a certificate: This is the final stage, which gives you the opportunity to obtain a certificate, giving you exclusive legal rights to use your logo in connection with the specified goods and services, providing reliable protection against unauthorized use.

The process of trademark registration in Ukraine can be complicated and nuanced. Consulting with experienced intellectual property lawyers, such as those at Polikarpov Law Firm, can help ensure a smooth and successful registration. A professional guide will help you navigate the possible legal obstacles and ensure the best chance of protecting your valuable brand logo.

How much does it cost to register a logo?

The cost of logo registration in Ukraine consists of several factors, including official duties and additional costs for legal services. Here’s what you need to consider:

  • Official duty: The Ukrainian National Office of Intellectual Property and Innovation charges fees for various stages of the registration process, including government fees and duties.
  • Colour logo vs black and white: Registering a colour logo usually costs a bit more than registering a black and white version.
  • Number of classes: Trademarks are classified depending on the goods and services they protect. The more classes you want to register your logo, the higher the duties will be.
  • Number of owners: The value of a trademark may also depend on how long a person will own the trademark in the future.
  • Costs of legal aid: Although you can apply for a trademark yourself, many companies prefer to apply for legal aid from experienced intellectual property lawyers, which also costs money.

Legal professionals like the team at Polikarpov Law Firm can provide invaluable support throughout the process, ultimately saving you time and money. Their Legal Services usually include:

  • Comprehensive trademark search
  • Preparation and submission of applications
  • Development of responses to the department’s actions
  • Dealing with potential objections

Why should you contact professionals for logo registration?

Although it is possible to register a logo in Ukraine without legal assistance, navigating the complexities of trademark legislation can be difficult. Seeking professional help and legal support from intellectual property lawyers like Polikarpov Law Firm has a number of advantages:

  • Expertise: trademark law is very complex, with specific rules and procedures to follow. Lawyers specializing in this field have a deep understanding of the requirements, ensuring that your application is complete, accurate and strategically thought out for the best chance of success.
  • Error prevention: Overlooks or errors in the registration process can lead to delays or even rejection of your application. Lawyers help identify potential problems at an early stage, saving you valuable time and resources.
  • Comprehensive protection: intellectual property lawyers can advise you on the most suitable classes for trademark registration, ensuring the maximum possible protection of your logo.
  • Working with objections: if there are any objections or agency actions during the registration process, an experienced lawyer can skillfully represent your interests and protect your trademark rights.
  • Rest: By trusting the registration process to professionals, you can focus on running your business, knowing that your intellectual property is in safe hands.

Conclusions

Company logo registration is the most important investment in protecting your brand’s identity and reputation. By securing legal rights to your logo, you deter unscrupulous competitors and imitators, protecting your business’s hard-earned reputation.

Although the process of registering a trademark in Ukraine can seem complicated, seeking professional guidance from the intellectual property experts at Polikarpov Law Firm can simplify the process. With their specialized knowledge and experience, your logo will receive the comprehensive protection it deserves.

Can a logo be patented separately from a brand?

Brand is a broad concept that includes registration of name, logo, slogan, other intellectual property.

Each of these objects may be registered separately.

Therefore, if necessary, it is possible to separately protect only the logo, or separately only the name. That said, when you have registration for all your intellectual property, it increases the protection of your IP portfolio and the value of your brand in the marketplace.

What are the basic requirements for a logo to be patentable?

A logo provides for a verbal and pictorial element in it. There are separate legal requirements for images of a trade mark that is submitted for registration:

An image of the mark applied for registration shall be filed as a photocopy or a printed impression measuring 8 x 8 cm.

If a three-dimensional mark is applied for, a photocopy thereof shall be filed in such a perspective as to enable the whole object to be represented.

If a label is claimed as   a mark,   it   shall be filed   as a representation of the mark, provided that its size does not exceed 14 x 14 cm.

A separate application shall be submitted for each coloured version of the sign.

If the mark is applied for registration in black and white, the image of the mark shall be filed in five copies.

If the mark is applied for registration in colour – the image of the mark shall be filed in ten copies.

In addition, the logo must comply with the requirements for legal protection. That is, it must not use symbols that are contrary to the norms of morality or public policy. For example, swear words, religious symbols, state symbols, names of famous people. Also, the logo must not be identical or very similar to those already existing on the market of relevant goods and services.

What documents and information do I need to apply for a logo patent?

To file a trade mark for registration, first of all, you need to provide:

  1. Applicant Information:

If the future owner is an individual:

Surname, first name, patronymic of the future owner of the trade mark and address of registration of such person (or address in accordance with the certificate of internally displaced person or location of FLP).

If you operate as an FLP, you must register the trade mark as a natural person, because FLP is only your economic status. If you register a trade mark as a natural person, you can safely use it as an FLP.

If the future owner is a legal entity:

Full name, identification code (USREOU code), registered location.

  1. An image of your brand name in good quality.
  2. A list of the classes of goods or services for which you wish to register your trade mark. If you have proof of priority (participation in an exhibition or a previous application), these documents must also be submitted to the registration authority.
  3. You can also add a description of your trade mark when submitting. Such a description is not mandatory. However, if, for example, there is a verbal element in your trade mark that is difficult to read or your trade mark has a certain meaning, you can explain this in the description. In the description, you can simply state what elements or colour schemes your trademark consists of.
  4. If you have proof of priority (participation in an exhibition or preliminary application), such documents must also be submitted to the registration authority.
    All the information described above is indicated on the application form to be submitted to the registration authority.
  5. If the application is submitted by a representative, it is necessary to enclose a power of attorney for representation and indicate the representative’s data in the application.
  6. Within two months from the date of filing it is necessary to send payment of the state fee for filing the trade mark for registration and attach the relevant receipt to the application materials.

How do I know if the chosen logo is available for patenting?

In order to find out if there are no similar or identical logos that are submitted for registration or registered, it is necessary to conduct a preliminary check of such logo.

Usually, a preliminary search will check the word part that is part of the logo;

This verification can be done on your own, or with the help of lawyers or the registration authority.

However, in the case of independent verification, there is a high risk of not taking into account those trade marks which, in the opinion of the average consumer, are not similar and do not pose a threat, but the registration authority perceives them as similar. In addition, it is a lawyer who will help to analyse the trademark for compliance with other legal requirements and identify all hidden risks.

The registration authority also provides a preliminary trade mark search service. However, it only provides a report with all the trade marks identified, without analysing the level of similarity and other risks that may arise in the registration process.

Resources
  1. Law of Ukraine “On Protection of Rights to Marks for Goods and Services”. Link 
  2. Madrid Agreement Concerning the International Registration of Marks. Link.
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