How to register a trademark: step-by-step instructions

Do you dream of a recognisable brand that stands out from the competition? Do you want to protect your unique idea and ensure it is legally protected? Then you need to register a trademark! This process may seem complicated, but with our step-by-step guide, you can easily understand all the nuances and get a certificate for your trademark without any extra effort. Ready to get started? Then proceed to the first step!

Next, we will look at the first and most important step – checking for similar trademarks.

Step 1: Identification of classes of goods and services (ICGS)

An important step is to determine the classes of goods and services for which you want to register it. This is done using the International Classification of Goods and Services (ICGS). Choosing the right classes of the Nice Classification will ensure that your trademark is properly protected and help you avoid problems in the future. In this section, we’ll look at what the Nice Classification is and how to choose the right classes for your trademark.

Let’s start with an explanation of what the Nice Classification is and why it is important.

Subsection 1.1: What is the ICGS?

The International Classification of Goods and Services (ICGS) is a system that divides all goods and services into 45 classes. Each class covers a specific group of goods or services united by common characteristics. The Nice Classification is used to register trademarks in most countries of the world, including Ukraine.

Why is it important to understand the Nice Classification?

• Choosing the right classes ensures the protection of your trademark is registered only for those goods and services that are specified in the application. If you do not include in your application all classes that are relevant to your business, your trademark will not be protected for those goods and services.
• Avoid conflicts with other trademarks: the NiceClassification helps to avoid conflicts with other trademarks registered for similar goods and services.
• Simplifying theregistration process: knowing the Nice Classification will help you prepare your trademark application faster and more efficiently .

Where can I find information about the Nice Classification?

You can find a complete list of classes of the Nice Classification and a description of the goods and services included in each class on the official website of the World Intellectual Property Organisation (WIPO): https://www.wipo.int/classifications/nice/

Understanding the Nice Classification is the first step to choosing the right classes for your brand.

Now that you know what the Nice Classification is, let’s move on to practical tips on how to choose the right classes for your brand.

Section 1.2: How to choose the right classes?

Choosing the right Nice Classification classes for your brand can be a daunting task, especially if you offer a wide range of goods or services. Here are some practical tips to help you make the right choice:

• Identify all the goods and services that you offer or plan to offer in the future: make a detailed list of all the goods and services that are relevant to your business.
• Find the relevant classes: using the official WIPO website or other resources, find the classes of the Nice Classification that best fit your goods and services.
• Pay attention to the description of the classes: read the description of each class carefully to make sure that it really corresponds to your goods and services.
• Do not limit yourself to just one class: if you offer goods or services that fall under more than one class of the Nice Classification, include all relevant classes in your application.
• Consider adding additional classes “for the future”: if you plan to expand your business in the future, consider adding additional classes that you may need in the future.

Example:

• If you manufacture clothing, you may need Class 25 (Clothing, footwear, headgear).
• If you provide car repair services, you may need Class 37 (Construction, repair and installation services).

Remember that choosing the right Nice Classification will ensure proper protection for your business.

Step 2: Check for similar trademarks

Before you dive into the registration process, it is extremely important to make sure that your future trademark is unique. This will help you avoid being refused registration and save you time and money. In this section, we will take a closer look at why this step is so important and how to conduct a search for similar trademarks.

Let’s start by explaining why the uniqueness check is key to successful trademark registration.

Subsection 2.1: Why is it important?

Imagine the following situation: you have spent time and money on developing a trademark, prepared all the necessary documents and applied for registration at. And suddenly, you get a refusal because your trademark is similar to an existing one! To avoid this kind of disappointment, it is extremely important to do a preliminary check for similar trademarks.

Here are some reasons why it is important:

• Avoiding refusal of registration: if your trade mark is similar to an already registered one, Ukrpatent will refuse to register it . You will lose not only time and money, but also the opportunity to protect your brand.
• Protection against lawsuits: If you register a trademark that is similar to an existingtrademark, you risk being sued by the owner of that trademark. This can lead to significant financial losses and damage to your brand reputation.
• Protecting your investment: registering a trademark is an investment in your business. Checking for similar marks will help you avoid losing this investment.
• Ability to use If your trademark is unique, you will be able to use it without hindrance and develop your brand without the risk of conflicts.

Don’t neglect this important step! Checking for similar trademarks is the key to successful registration and protection of your brand.

In the following, we will look at how to conduct a trademark search.

Section 2.2: How to conduct a search?

There are several ways to check for similar trademarks. You can do it yourself using online resources, or you can contact an intellectual property specialist.

Online search:

• The UKRNOVI database is an official resource where you can find information on all registered and filed trademarks in Ukraine. Link to the database: https://ukrpatent.org/uk/articles/bases2
• International databases: if you are planning to enter the international market, we recommend checking for similar trademarks to in international databases such as TMview and DesignView. Links to the databases: https://tmdn.org/tmview/#/tmview and https://www.tmdn.org/tmdsview-web/#

Professional services:

• Patent attorneys: Patent attorneys are intellectual property specialists who can conduct professional searches for similar trademarks. They have access to specialised databases and knowledge of the law, which allows them to conduct a more in-depth and accurate analysis.

Recommendations for conducting a search:

• Use different keywords: try different spellings of your trademark, as well as synonyms and abbreviations.
• Pay attention to the classification: check for similar trademarks in those classes of the Nice Classification that correspond to your goods and services.
• Go beyond the name: look at the trademarkimage and its elements.

The choice of search method depends on your needs and budget. If you are not sure how to conduct a search, we recommend that you contact a patent attorney.

Step 3: Preparing documents for filing an application

You have already checked the uniqueness of your trademark at and identified the relevant classes of the Nice Classification. The next step is to prepare documents for filing an application with Ukrpatent. This stage requires care and accuracy, as properly executed documents are the key to successful registration of your trademark. In this section, we will review the list of required documents and the requirements for their execution.

Let’s start with the list of documents you will need to submit your application.

Subsection 3.1: Documents required

Preparing documents for filing an application for trademarkregistration at is an important stage that requires attention and accuracy. Incorrectly executed documents may result in a delay in the application process or even a refusal to register. Here is a detailed list of the documents you will need:

• Application for registration: This is the main document that contains all the necessary information about you as the applicant, your trade markand the goods/services for which you wish to register it. The application must be completed in Ukrainian in the prescribed form and contain the following information:
  • Applicant’s data: full name or company name, address, contact details.
  • Trademarkimage : A clear image of the trademark in electronic or paper format (depending on the method of filing).
  • List of goods/services: a detailed list of goods or services for which you wish to register the trademark, indicating the relevant classes of the Nice Classification.
  • Date and signature of the applicant or his/her representative: the application must be signed by the applicant or his/her representative if a power of attorney is available.
• Trademarkimage :the trademark image must be clear, easily recognisable and comply with the technical requirements of the Ukrainian Trademark and Trademark Office. The requirements for the format, size and quality of the image can be found on the official website of the UkrainianTrademark andTrademark Office.
• A document confirming the payment of the state fee:trademark registration is a paid service, and the amount of the state fee depends on the number of classes of the Nice Classification for which you wish to register a trademark. The payment can be made through a bank or online on the website of the Ukrainian Trademark Office. Keep the payment receipt as a confirmation.
• Power of attorney (if the application is filed by a representative): If you entrust the filing of the application to a patent attorney or other representative, you must provide a notarised power of attorney. The power of attorney must contain information about you as the principal, your representative and his/her authority to registerthe trademark.

Please note: The list of documents may vary depending on the specifics of your situation. We recommend checking the current list of documents on the official website or contacting a patent attorney.

Now that you know what documents are required, let’s move on to consider the requirements for their preparation.

Subsection 3.2: Requirements for the preparation of documents

You already know what documents are required to register a trade mark. Now let’s take a closer look at the requirements for their preparation. Remember that the correct execution of documents is extremely important for successful registration. Any inaccuracy or mistake may result in a delay in the processing of the application or even in the refusal of registration. Therefore, we recommend that you carefully read these requirements and carefully check all documents before submitting them.

Application for registration

• Language: The application must be filled in the state language – Ukrainian. Any other languages are not allowed.
• Form: The application must be filled in the prescribed form, which can be downloaded from the official website of UKRNOVI. Use only the current version of the form. Pay attention to the correctness of filling in all fields, especially contact details and information about trademark.
• Signature: The application must be signed by the applicant or his/her authorised representative. If the application is submitted by a representative, a notarised power of attorney must be attached.

Trademarkimage :

• Format: UKRNOIVI accepts trademark images in the following formats: JPEG, PNG, TIFF. Do not use any other formats, as this may result in refusal of registration.
• Size: the image must comply with the specified dimensions indicated on the website of the Ukrainian Trademark Office. Usually, it is 8 x 8 cm for a standard trademark image and 16 x 8 cm for a three-dimensional trademark. Make sure that the size of your image meets these requirements.
• Quality: images must be clear, easily recognisable and have sufficient resolution. Blurred or poor quality images will not be accepted.

Document confirming payment of the state fee:

• Original or copy: you can provide an original receipt of the state duty payment or a certified copy. If you submit a copy, make sure it is clear and easy to read.

Power of attorney (if the application is submitted by a representative):

• Notarisation: The power of attorney must be notarised. Without notarisation, the power of attorney will not be considered valid.
• Powers: the power of attorney must clearly state what powers you grant to your representative regarding the registration of the trademark. This may include the right to file an application, receive decisions of the Ukrainian Trademark Office, conduct correspondence, etc.

Compliance with these paperwork requirements will significantly increase the chances of successful registration of your trade mark. If you have any questions or doubts, we recommend that you contact a patent attorney for advice.

Next, we will look at the next step – filing an application with the Ukrainian National Patent and Trademark Office.

Step 4: Filing an application with the Ukrainian Trademark Office

You have already prepared all the necessary documents and thoroughly checked them for compliance with the requirements of the Ukrainian TrademarkOffice. Now it is time to take the final step – to file an application for trademarkregistration at. In this section, we will look at the different ways of filing an application and the procedure for paying state fees and charges.

The choice of application method depends on your preferences and capabilities. Let’s take a closer look at each of them.

Subsection 4.1: Methods of filing an application

There are several ways to file a trademarkapplication :

• Online: is the most convenient and fastest way to file an application. You can register on the official website of the Ukrainian National Research Institute and upload all the necessary documents in electronic format. Online submission allows you to save time and avoid a trip to the office of the Ukrainian National Research Institute.
• By post: you can send the application and all required documents by post to the address of the Ukrainian National Research Institute. It is important to make sure that the postal item is properly addressed and that you keep the receipt of posting.
• In person: you can submit your application in person by applying to the office of the Ukrainian National Research and Development Institute. In this case, you will need to present the originals of all documents and pay the state fee on the spot.

Recommendations on how to choose the application method:

• Online submission: Recommended for those who have access to the Internet and know how to use electronic services. It is the fastest and most convenient way to apply.
• Postal submission: suitable for those who are unable to use online services or wish to keep paper copies of documents.
• In-person submission: recommended for those who wish to receive advice from the specialists of the Ukrainian National Research and Development Institute or have questions about the application procedure.

Regardless of the chosen method of filing, it is important to comply with all the requirements of the Ukrainian National Intellectual Property Office and make sure that all documents are executed correctly.

Next, we will look at the payment of state duties and fees.

Subsection 4.2: Payment of state duties and fees

Registration of a trademark in Ukraine is a paid service. You will need to pay state duties and fees for filing an application, conducting an examination and issuing a certificate. The amount of the fee depends on the number of classes of the Nice Classification for which you are registeringa trademark at and on the chosen method of filing an application (online, by mail or in person).

The amount of state duties and fees:

The current information on the amount of state fees and charges can be found on the official website of the Ukrainian National Research and Development Authority. Please note that the amount of fees may change, so we recommend checking the current information before submitting your application.

Payment methods:

• Online: you can pay the fee online through the electronic payment system on the website of UKRNOVI.
• Bank transfer: you may pay the fee through any bank using the details indicated on the UKRNOVO website.
• At the UKRNOVI cash desk: if you file your application in person, you can pay the fee at the UKRNOVI cash desk.

Proof of payment:

After paying the state fee, you will need to provide a document confirming the payment. This can be a bank receipt, a printout from an electronic payment system, or another document confirming the fact of payment.

Important:

• Make sure you pay the correct amount of the fee.
• Keep your proof of payment throughout the entire trademarkregistration process .
• Timely payment of state duties and fees is a prerequisite for the processing of your application.

After submitting the application and paying the state fees, you only have to wait for the decision of the Ukrainian Patent and Trademark Office, which we will discuss in the next section.

Step 5: Waiting for the decision and obtaining the certificate

You have successfully applied for the registration of the trademark and paid all the necessary fees and charges. Now it is time to wait for the decision of the Ukrainian Trademark Office and obtain the coveted certificate. In this section, we will look at the approximate timeframe for processing an application and the procedure for obtaining a trademarkcertificate .

The application process may take some time, but it is an important stage that guarantees the protection of your rights to the trademark. Let’s take a closer look at what to expect after filing your application.

Subsection 5.1: Application processing timeframe

After submitting an application to UKIPO, it goes through several stages of review, including formal examination, qualification examination and publication. Each stage has its own deadlines, which may vary depending on the workload of the UKIPO and the complexity of your application.

Estimated timeframe for application processing:

• Formal examination: usually takes about 1-2 months from the date of application submission. At this stage, the correctness of the documents and the availability of all necessary details are checked.
• Qualification examination: This is the longest stage, which can last from 17 to 20 months. At this stage, the UIPI experts conduct a thorough analysis of your trademark to ensure its compliance with the legal requirements and uniqueness.
• Publication and issuance of a certificate: after successful examination, information about your trademark is published in the official bulletin of the UkrainianTrademark Office. After publication, a three-month period for filing objections by third parties opens. If no oppositions are filed, theTrademarkOffice issues a trademarkcertificate. This stage usually takes about 1-2 months.

The total period of trademarkregistration in Ukraine can take from 15 to 21 months.

Please note: these terms are indicative and may vary depending on the workload of the Ukrainian Trademark Office and the complexity of your application. You can track the status of your application on the official website of the Ukrainian National Research Institute.

Now that you know the approximate timeframe for processing your application, let’s move on to the procedure for obtaining a trademarkcertificate .

Subsection 5.2: Obtaining a certificate

Upon successful completion of all stages of the application process and publication of information about your trademark in the official bulletin of the Ukrainian Trademark Office, you will receive a trademarkcertificate. This is an official document that confirms your exclusive right to use trademark for the goods and services for which it is registered.

The procedure for obtaining a certificate:

• Waiting for the notification: UKRNOVI will send you a notification about the readiness of the certificate for your trademark at . This notification will contain information on how and where you can obtainthe certificate.
• Receipt: You can receive the certificate in person at the office of the Ukrainian National Research Institute or order its delivery by post. To receivethe certificate you will need to present a document proving your identity or a power of attorney if the certificate is received by your representative.

Please note: Atrademark certificate is issued for 10 years and can be extended for another 10 years upon your application.

Obtaining a trademarkcertificate is the final stage of the registration process. After obtaining it, you can be sure that your trademark is protected by law and you can use it to develop your business.

Below, we will summarise the main steps and give general recommendations on how to register a trademark.

Conclusion.

Registering a trademark at is an important step for any business that wants to protect its brand and ensure its successful development. We have reviewed the five main steps that need to be taken to registera trademark in Ukraine:

1. Checking for similar
2. Determination of classes of goods and services (ICGS).
3. Preparation of documents for filing an application.
4. Submission of the application to the Ukrainian National Intellectual Property Office.
5. Waiting for a decision and obtaining a certificate.

By following these steps and carefully complying with all the requirements of the UAPTO, you will be able to successfully register your trademark and protect your brand from unfair competition.

General recommendations:

• Carefully study the information on thetrademarkregistration process on the official website of the UkrainianTrademark Office.
• Contact a patent attorney for advice if you have any questions or doubts.
• Don’t put off registering your trademark until later. The sooner you protect your brand, the better.

We wish you success in registering your trademark and growing your business!