26 March, 2024

Trademark registration

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8 minutes

In today’s competitive marketplace, a trademark is one of the most valuable business assets. A trademark serves to distinguish your goods or services from those of your competitors. It allows customers to recognise your company and promotes brand loyalty. Registering a trademark in Ukraine gives you exclusive rights to use this mark, protecting the reputation of your business and deterring potential infringers. This article will familiarise you with the key concepts of trademark registration in Ukraine and outline the main steps of the process.

How do you choose a brand name?

Before you start the process of registering a trade mark, you need to choose a trade mark that deserves legal protection. An ideal trade mark has the following characteristics:

  • Uniqueness and Distinction: A trademark should be unique and different from other marks that are used for similar products or services. This will help consumers to easily associate your company with your products.
  • Memorability: choose a name or symbol that is easy for consumers to remember. Simple and apt trademarks have a stronger impact.
  • Consistency with goods/services: make sure your trade mark has a close connection with the goods or services you offer. This will facilitate the registration process and maximise protection.

Ukrainian legislation allows for the registration of several types of trade marks:

  • Word: consist of one or more words, letters or numbers.
  • Objective: logos, drawings or other visual elements.
  • Three-dimensional: registered to protect the shape or configuration of products or their packaging.
  • Combined: combine verbal and pictorial elements.

Before applying for a trade mark registration, it is advisable to conduct a preliminary search. This will help you determine whether there are already identical or similar trade marks, registered trade marks for similar goods or services. The presence of a similar trade mark may be grounds for refusal of registration.

Trademark registration process

After choosing a unique and distinctive trademark that meets the legal requirements, you can start the registration process in Ukraine. The procedure is carried out through the Ukrainian Institute of Intellectual Property.

An overview of the registration process:

  1. Prepare a brand application for goods and services: the application must contain the following elements:
    • Clear image of the trademark
    • List of classes of goods and services for which you want protection (International Classification of Goods and Services)
    • Information about the applicant (name, address, contact details)
  2. Filing an application: an application for a mark for goods and services is filed directly with the Ukrainian National Office of Intellectual Property and Innovation or through a representative, such as a lawyer from our law firm.
  3. Expertise of the application: the Ukrainian National Office of Intellectual Property and Innovation conducts a formal substantive examination to ensure that your trademark meets all the requirements of Ukrainian law.
  4. Publication of the application: if the application is successfully examined, your TM is published in the registry.
  5. Registration Decision: In the absence of objections, or if they are overcome, decides on the registration of the trade mark.
  6. Certificate issuance: the process culminates in the execution and issuance of an official Trademark Registration Certificate, which confirms your exclusive trade mark rights.

The process of trademark registration can be complex and contain pitfalls. Specialised lawyers at Polikarpov Law Firm can provide legal support and assist you:

  • Conduct a preliminary trademark search.
  • Properly prepare and submit the application.
  • Respond to any objections in a timely and effective manner.
  • Track your application through the entire registration process.

Trademark registration in Ukraine usually takes 18 to 22 months.

Advantages of contacting a lawyer for trademark registration

Although both individuals and legal entities can register a trademark in Ukraine on their own, we recommend contacting a lawyer. Co-operation with an experienced lawyer can significantly increase your chances of success and save time.

The key benefits of hiring a lawyer:

  • Deep knowledge of the law: the intellectual property lawyers at Polikarpov Law Firm have a deep understanding of trademark laws and can ensure that your application meets all legal requirements.
  • Professional search: an experienced lawyer will conduct a full search for the existence of similar trademarks, minimising the risk of rejection and waste of money.
  • Protection of interests: a lawyer will protect your interests at all stages of registration, especially if there are objections from third parties or the Ukrainian National Intellectual Property Office.
  • Registration Monitoring and Renewal: a lawyer can monitor the status of your application and ensure timely renewal of your trade mark registration in the future.

Polikarpov Law Firm offers a comprehensive package of services for trademark registration in Ukraine and high-quality legal assistance. We can help you:

  • Choose a strong and protectable trade mark.
  • Conduct a thorough search to identify potential conflicts.
  • Prepare a convincing trade mark application.
  • Deftly liaise with the Ukrainian National Office of Intellectual Property and Innovation throughout the process.
  • Defend your trade mark rights in case of opposition or disputes.

Conclusions

Trademark registration is a smart strategic step for any business in Ukraine. By granting exclusive rights to use your brand, trademark registration strengthens the company’s image, increases its competitiveness and provides long-term protection against infringement. Investing in professional legal assistance, as from Polikarpov Law Firm, will maximise your chances of successful registration and help you avoid potential complications. Be proactive in protecting your business – start the trademark registration process today!

What is a trade mark?

A trade mark (also known as a trademark or brand) is a symbol, word, phrase, logo, image or combination of these elements that is used to identify the products or services of a particular manufacturer or supplier. It is a key element in intellectual property and plays an important role in the commercial activities of enterprises.

Here are some of the main characteristics of a trade mark:

  1. Identification of the origin of goods or services: the primary function of a trade mark is to distinguish the products or services of one producer from those of other producers.
  2. Protection of rights and interests: registration of a trade mark gives its owner exclusive rights to use that mark in commerce. This prevents others from illegally using or copying the trade mark..
  3. Creating recognition and trust: an effective trade mark helps to create brand recognition and establish trust with consumers. It becomes a symbol of quality and reliability of products or services..
  4. Marketing tool: a trade mark can be used in marketing campaigns to attract consumer attention and strengthen the brand image. It helps to create a unique and memorable image of the company in the market..
  5. Brand Value Enhancement: Effective trademark management can lead to an increase in a company’s brand value and increase its competitiveness in the marketplace.In general, a trademark is an important asset for any business, and its proper use and protection are essential to a company’s success and prosperity
  6. Length of protection: trade mark rights can be protected indefinitely, subject to regular renewal of registration and use of the mark in commerce.

How long does it take to register a trade mark?

The trade mark registration process in Ukraine usually takes between 18 and 22 months, but the timeframe can vary depending on various factors. Here are a few key points that may affect the duration of the registration process:

  1. Intellectual Property Office workload: processing times may depend on the current workload of the Ukrainian National Office of Intellectual Property and its ability to efficiently process incoming applications.
  2. Compliance: Filing a complete and correct trade mark application can help speed up the process. Incomplete or incorrectly completed applications may require additional time for processing and clarification.
  3. Payment of the state fee: the time of consideration of the application may also depend on the timing of payment of the state fee for registration of the trade mark.
  4. Examination waiting times: once an application is filed, it undergoes formal and substantive examination. The time required for each stage may vary depending on the current workload of the intellectual property authority and the amount of work. To speed up the process of trademark registration, it is recommended to submit complete and correctly completed applications, follow the deadlines for payment of the state fee and closely monitor the status of your application. In case of questions or delays, contacting an intellectual property specialist can help resolve problems and speed up the registration process.

What are the advantages of registering a trade mark?

Registering a trade mark has many advantages for the owner. Here are the main ones:

  1. Exclusive rights of use: registration of a trade mark gives its owner the exclusive right to use that mark in commerce in Ukraine for the goods and/or services for which it is registered. This allows the owner to control the use of its brand by others and prevent illegal use or copying..
  2. Protection from competition: trademark registration gives the owner protection from competition and imitation by other businesses. It helps to preserve the uniqueness of the brand and protect it from dilution or distortion..
  3. Legal protection: a registered trade mark provides the owner with legal protection of its brand in case of disputes or infringements. The owner of a trade mark has the right to go to court and demand that the unlawful use of his mark be stopped and that he be compensated for damages..
  4. Recognition and consumer trust: trademark registration helps to increase brand recognition and establish trust with consumers. A registered brand becomes a symbol of quality and reliability, which helps to attract customers and increase sales.
  5. Commercial value: A registered trade mark represents a valuable asset for a company and can be used as a tool to attract investment, increase the value of the company and expand the business..
  6. Protection against counterfeit and counterfeit goods: trademark registration helps to protect a brand from counterfeiting and counterfeiting. A registered brand has legal protection, which makes it easier to fight against illegal use of its mark in the market.In general, registration of a trade mark provides the owner with a number of significant advantages that contribute to the successful development of business, increase profits and protect the interests of the company.

What additional steps can I take to protect my trade mark once it is registered?

After registering your trade mark, there are a few additional steps you can take to protect and strengthen your brand rights. Here are some of them:

  1. Use monitoring: once you have registered your trade mark, it is recommended that you regularly monitor the market and the internet for any illegal or abusive use of your mark. This will allow you to identify possible infringements in a timely manner and take measures to stop them..
  2. Protect online: protect your trademark in the online environment by registering domain names that match your brand and social media accounts. This will help prevent others from potentially using your brand online..
  3.  Active Protection Policy: Develop and implement an active policy to protect your trademark, including educating employees and partners about brand guidelines, monitoring the production and distribution of counterfeit goods, and responding quickly to potential infringements.
  4. Licensing: consider licensing your trademark to other companies or entrepreneurs. Licensing allows you to control the use of your brand and generate additional revenue from its use..
  5. Brand reinforcement: continue to invest in developing and strengthening your brand by creating new products and services, improving quality and service, and developing marketing strategies to attract new customers and retain existing ones.Taking these additional steps will not only help to strengthen your trade mark and protect it from infringement, but will also help to create a favourable environment for the long-term success of your brand in the marketplace.
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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