Registration of a trademark in Ukraine in 2023: terms and nuances

In 2021, the phrase “intellectual property” is no longer a puzzle. On the contrary, every novice businessman understands how important it is to legalize their rights to intellectual property.

Given the unlimited access to the Internet, any designer will tell you that it is almost impossible to avoid plagiarism today. However, the “first come, first served” rule applies here. Registered ownership of a trade name or mark will give you a legitimate opportunity to protect both your trademark and your business.

You may also like: Utility Patent In Ukraine

What can be registered as a trademark?

Trademark (hereinafter referred to as TM) is a certain designation or a combination of designations in the form of words, separate letters or symbols, images, colors as well as combinations of words, letters, symbols and images. Purpose of the TM is an opportunity to distinguish services or goods of one manufacturer from goods and services of another manufacturer.

The objects which can be registered as a TM include:

The name of a person;
Labels, like Chivas Regal whiskey;
A slogan, like in the case of Snickers: “Don’t slow down. Snickersney!”
The name of the owner and so on;
A product box/packaging,e.g. like Milka chocolate packaging;
A sound mark - for example, Disney intro songs;
A character, such as M&M characters;
Packaging, e.g. a Coca-Cola branded bottle;
and many other options.

You may contact specialists that can help choose the most suitable option for you and your business model. And then it will be possible to determine exactly to which of the trademark types your choice can be attributed to.

You may also like: Advantages Of The TM Registration

Types of trademarks

There are the following types/categories of trademarks:

Word marks. These can be words and phrases, letters, numbers, printed symbols and any combinations of them.
Figurative marks. These can be drawings, pictures, graphic icons and images. They may also include icons for software interfaces.

Please note! Graphic symbols may not include words, letters or numbers.

Three-dimensional mark. They include three-dimensional products, i.e. bottles, boxes, etc.

Please note! The special feature of such designations is that they must be specified in all three dimensions in the Application.

Combined marks. These are the combinations of the above symbols.

Please note! If you want to register a TM, which includes 2 types, for example, word + figurative marks, in addition to the combined TM, it is worth considering such an option as the registration of 2 separate trademarks. In practice, this solution will help you more effectively defend your right to prohibit others from using similar trademarks.

Color or combination of colors. This can be either a single color or a combination of several colors.
Sound mark.
Light signals. Though such a concept exists, but technically, at the moment, it is impossible, so the practice of registration of light TMs in Ukraine does not yet exist.

Choosing classes according to the Classification of goods and services

After you have decided on the type of the TM, we proceed to the classes of the Nice Classification. This is an obligatory stage of the TM registration. The selection of the appropriate or suitable classes should be entrusted to a specialist, for example, a patent attorney or a specialized lawyer, because this will affect:

the scope of your rights;
the registration price.

There are many different services and goods in the world, which have been divided into 45 large groups, that is classes. The classes you choose must match your activities. You will need to specify the selected classes in the application form

for TM registration.

To understand the amount of expenditures, depending on the number of classes, let us give an example:

If you apply for one class, the application fee is UAH 4,000.
If you apply for two classes - UAH 8,000, and so on according to arithmetic progression.

Please note! The list of classes or specified goods and services may not be extended after filing an application for registration!

Before submitting an application to Ukrpatent, make sure that there is no identity or similarity of trademarks. This issue requires separate consideration, so we will tell you all about the identity of the trademark in one of our following publications.

Price and period of the trademark registration in Ukraine

The trademark can be registered in standard and fast mode:

Standard registration;

The price depends on the number of the classes you apply for and the presence or absence of colors in the mark. The registration procedure takes from 15 to 27 months.

Let’s assume that you need to carry out the standard registration of color, not combined TM with two classes of the Nine Classification. The calculation will be as follows:

The state fee for filing the application is 4,000 × 2 = UAH 8,000.

The state fee for the color in the TM - 1,000 (when submitting the application) + 200 (when obtaining the certificate) = UAH 1,200.

The state fee for the TM certificate with two classes - 600 × 2 + 85 (regardless of the number of classes) = UAH 1,285.

Thus, the total price of the standard registration procedure of such TM at Ukrpatent = UAH 1,0485.

Fast registration.

This is the procedure offered by Ukrpatent for an additional fee. Its price also depends on the number of classes, color and type of the mark (word mark or combined mark). The period of such registration is 7-9 months.

Let’s consider the fast registration of the same color, not combined TM with two classes of the Nice Classification:

The state fee for filing an application - 4000 × 2 = UAH 8,000.

The state fee for fast examination of the application - 5,220 (for one class) + 612 (for each additional class) = UAH 5,832.

The state fee for the color in the TM - 1,000 (when submitting the application) + 200 (when obtaining the certificate) = UAH 1,200.

The state fee for the TM certificate with two classes - 600 × 2 + 85 (regardless of the number of classes) = UAH 1,285.

Thus, the total price of the fast registration procedure for such TM = UAH 16,317.

Please note! Once your application is submitted, it cannot be changed and the money you spent on state fees when submitting your application, if your registration is denied or you realize that you made a mistake, will not be refunded.

In the best case, you will be able to adapt your services for TM to the selected and paid class, and at the worst - you will have to conduct the whole procedure and pay fees all over again.

In this regard, trying to save money on specialist services can be risky. As a result, you can simply pay twice.

If you want to be sure that everything will go smoothly, don’t hesitate to contact us. We will help you register your TM without extra effort.

Didn’t find an answer to your question? Find out more here.