Registration of ownership to a trademark

A registered trademark is without any doubt a valuable intangible asset of every serious business. In particular, the registration of your TM is able to protect your rights for its use and to prevent unlawful actions of competitors.

What does a trademark mean, how to register it successfully, and why is such registration needed - read more about all this questions in our material.

What does the term “trademark” mean?

According to the norms of current Ukrainian legislation, a trademark (TM) should be understood as any symbol or any combination of symbols, with the help of which it becomes possible to mark the goods / services of one particular person from the goods/services of other persons [1].

In everyday life a trademark is also called a brand mark, TM, goods and service mark, or simply a brand. All these definitions mean exactly the same thing.

A trademark may consist of such signs as:

• words, letters, numbers or combinations thereof;
• images, symbols and their combinations;
• color combinations;
• three-dimensional objects;
• sounds;
• odors;
• combinations of any of the above listed symbols and signs.

On top of all of this, according to the Nice Agreement (International Classification of Goods and Services), each trademark comprises a list of certain services and goods that it protects in accordance with the approved classification. In particular, goods and services are clearly divided into 45 classes according to the principle of uniformity of type [2].

Where and how to register a trademark

Any individual (regardless of citizenship) or a legal entity registered in Ukraine or beyond its borders, as well as several individuals and / or legal entities together can be the owner of the trademark.

In order to register your trademark in Ukraine you should contact the State Enterprise “Ukrainian Intellectual Property Institute”, better known as Ukrpatent.

Registration of  TM requires obligatory stage-by-stage passing of the following steps:

1) Preliminary search of similar marks claimed for registration or previously registered in the database of Ukrpatent.

2) Preparation of application for TM registration (in the prescribed form). This application form stipulates entering the following information:

• information about the applicant / applicants;
• image of the claimed TM;
• list of goods and / or services in relation to which the TM is registered (according to classification);
• information on the attached documents.

3) Submission of package of all documents to Ukrpatent for registration of claimed TM.

4) Determination of date of application for TM registration filing by applicant.

5) Payment of specified state duty for the submission of application.

6) Passing of formal examination of claimed TM, i.e. verification of compliance with its formal requirements.

7) Passing of qualification examination of given TM, i.e. examination for its compliance with all set terms of legal protection.

8) Making a decision on registration of claimed TM by Ukrpatent.

9) Payment of state duty for TM registration and issuing a certificate.

10) Publication of information in the official edition of Ukrpatent.

11) Obtainment a Certificate of successful registration of your TM [3].

The standard term for TM registration is from 12 to 18 months. However, this period can be shortened subject to additional charge as the need arises.

It is important to note that TM registration process is not as simple as it may seem at first thought. Numerous refusals from Ukrpatent are possible at the stages of examination execution due to incorrect preparation of document package. What hurt can it do you? Registration of your TM can be delayed for many years, which, in turn, can take advantage of your competitors.

You can use the services of our firm in order to avoid wasting of time and to be confident in the guaranteed successful registration of your TM by Ukrpatent.

Our specialists:

• in a competent manner will advise you of all nuances of the registered trademark;
• will check for similar marks in the base of Ukrpatent;
• will prepare and submit for registration the full document package;
• will ensure the quick obtainment of a certificate.

Advantages of TM registration

Protection of each trademark registered in Ukraine is valid for 10 years (with the possibility of its renewal for another 10 years).

The following rights are guaranteed to its owner during this period:

• usage of its TM without let or hindrance for the production of goods and / or the provision of services;
• the exclusive right to give permission for the use of yours TM, incl. granting of individual permits;
• the exclusive right to prevent any unlawful attempts of yours TM usage;
• the right to prohibit the unlawful usage of your TM;
• the right to use the marking confirming the registration of yours trademark - ®, TM;
• the right to register a domain name with “.ua” for your website.

Conclusions

You definitely should register your trademark when conducting business. This will help you not only to mark your services and goods from competitors, but also to protect your rights for such services and products.

In addition, the registration of TM is one of the necessary steps in obtaining of license for on-air broadcasting.

In addition to TM registration itself, our firm is ready to offer you a complex of registration services - from registration of a company (of any organizational form) to TM registration, obtainment of necessary licenses, permits, etc.

[1] Article 492 of the Civil Code of Ukraine.

[2] Nice Agreement of June 15, 1957 (International Classification of Goods and Services).

[3] The Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”.