Client
LLC “IPS” is a Ukrainian company specializing in the production and distribution of grain-based food products under the Zernovita brand. Operating in the milling and cereal sector, the company supplies consumers with high-quality grains, flakes, flour, and crispbreads. IPS focuses on healthy nutrition and product excellence while actively developing its own brands.
Legal Support Area
Comprehensive trademark protection and legal support for the Zernovita brand’s international expansion to EU and US markets.
Project Summary
In February 2024, LLC “IPS” engaged Polikarpov Law Firm to guide their Zernovita brand’s entry into international markets. The project began with an audit of existing IP assets and trademark protection status in Ukraine and abroad. The audit revealed that despite active use in Ukraine, the Zernovita brand lacked trademark registration. After conducting a clearance search, the team filed a national application for the word mark “ZERNOVITA” under Classes 29 and 30 of the Nice Classification. Comprehensive clearance searches in the EU and US considered relevant trademark law practices and potential brand conflicts. Though conceptually similar marks existed in the EU, the firm successfully demonstrated registrability, securing ZERNOVITA’s registration through the EUIPO. In the United States, the application cleared formal examination and received a Notice of Allowance. The team is now preparing the Statement of Use to confirm the mark’s commercial use.
Client’s Goals
Ensure legally secure entry of the Zernovita brand into foreign markets.
Establish a comprehensive, well-structured portfolio of trademark rights in Ukraine and abroad.
Project Complexity
Absence of prior protection in Ukraine despite commercial use.
Need for coordinated support across three jurisdictions (Ukraine, EU, US).
Risk of conflicts with conceptually similar marks in the EU.
Procedural challenges in the US (from Notice of Allowance to Statement of Use).
Tight deadlines and coordination with foreign agents and IP partners.
Polikarpov Law Firm’s Actions
Conducted comprehensive IP portfolio audit and identified legal gaps.
Performed trademark clearance searches in Ukraine, EU, and US.
Filed national application for “ZERNOVITA” in Ukraine (Classes 29, 30).
Secured trademark registration in the European Union.
Filed US application and obtained Notice of Allowance from the USPTO.
Prepared guidelines and templates for US Statement of Use submission.
Coordinated effectively with foreign agents and legal representatives.
Lawyers Involved
Anton Polikarpov: Managing Partner, led strategic planning and project oversight
Anastasia Shevchuk: Senior Associate, managed clearance searches, risk assessments, client consulting, foreign partner coordination, and instruction drafting
Result
ZERNOVITA successfully registered in the European Union.
Notice of Allowance obtained in the US; Statement of Use preparation underway.
Client received comprehensive, cross-border trademark protection strategy supporting international brand expansion.
