Trademark

Trademark
(Trademark)

Trademark in Ukraine (trademark) is a designation that distinguishes goods and services of certain persons among similar or related goods and services of other persons.

What rights does the owner of the certificate of Ukraine have for a mark for goods and services?
The certificate of Ukraine for a mark for goods and services gives its owner the right to use a sign, as well as the exclusive right to prohibit other persons from using, without his consent, a registered sign, the exclusive right to dispose of the right to sign.

The ownership of the sign is certified by a certificate.

The certificate of Ukraine for a sign for goods and services is an official security document issued on behalf of the state by the authorized body – the State Intellectual Property Service of Ukraine.

Any natural or legal person has the right to receive a certificate. The scope of legal protection, which is determined by the image of the mark and the list of goods and services entered in the State Register of Certificates of Ukraine for signs for goods and services, and certified by a certificate.

The validity of the certificate is 10 years from the date of filing the application and is extended at the request of the certificate holder every 10 years, subject to payment of the fee. After termination of the certificate, no one other than the former owner has the right to re-register the mark for three years.

What are the distinctive features of a trademark?
A trademark must have a distinctive ability and should not mislead consumers with respect to the producer of goods or the place of production.

Types of designations can be registered as a trademark?
The sign object for goods and services can be any designation or any combination of designations. Such notations may be, in particular, words, including proper names, letters, numbers, pictorial elements, colors and combinations of colors, as well as any combination of such designations. Registration of a mark for goods and services can also be carried out if the designation is three-dimensional, for example, representing a package of goods or the goods themselves. Legal protection is granted to a sign that does not contradict the public order, the principles of humanity and morality and is not subject to the grounds for refusal to grant legal protection established by Article 6 of the Law of Ukraine “On Protection of Rights to Marks for Goods and Services”.

What is the procedure for registering a mark for goods and services in Ukraine?
The procedure for registering a mark for goods and services in Ukraine is defined by the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” and the Rules for Submission and Consideration of Applications. The application is submitted to the State Enterprise “Ukrainian Institute of Industrial Property” by a person, wishes to receive a certificate. At the request of the applicant, the application can be submitted through a representative for intellectual property (patent attorney) registered in accordance with the Regulation on the representative for intellectual property (patent attorney), approved by the Cabinet of Ministers of Ukraine on 10.08.94 under No. 545.

Foreign persons and stateless persons who have a permanent place of residence or a location outside Ukraine exercise their rights, in particular the right to file an application, only through patent attorneys, unless otherwise provided for by international agreements.

A simplified procedure for registering a sign for goods and services consists of the following stages: filing an application; the date of application; examination of the materials of the application for compliance with formal requirements (formal examination) examination of the claimed designation for compliance with the conditions for granting legal protection (substantive examination); making a decision on registration or refusal to register the claimed designation; publication of information on the registered trademark and its registration in the State Register; issue of a certificate of Ukraine for a sign for goods and services.

A fee is paid for submitting an application.

How long does it take to register a trademark for goods and services in Ukraine?
The procedure for registering a mark for goods and services takes an average of 12 months.

Is it possible to accelerate the receipt of a certificate of Ukraine for a sign for goods and services?
The issuance of evidence can be accelerated. For this, there are special tariffs.

The shortest period can be 4 months.

But this is the case, if there are no problems associated with the conditions for granting legal protection.

What is the procedure for registering a trademark (a mark for goods and services) in foreign countries?
Protection of the mark in other countries can be obtained in two ways.

First, it is possible to file an application with the State Office in which the applicant wishes to receive protection in accordance with the law and rules governing the registration of a mark in the country of submission.

Secondly, it is possible to register a sign in foreign states in accordance with the Madrid Agreement on International Registration of Marks and the Protocol to this Agreement. In this case, an application indicating the list of countries in which the applicant wishes to receive protection is submitted to the State Enterprise “Ukrainian Institute of Industrial Property”. The application for international registration may be based on national registrations or national applications, provided that they relate to the same trademark filed by one legal entity or individual, and the goods and services coincide with the declarations in national registrations or applications. Upon receipt of the necessary documents, the UIPV verifies and certifies that the mark corresponds to the form in which it is presented in the State Register of Certificates of Ukraine on signs for goods and services or an application for obtaining a certificate of Ukraine is filed on behalf of the same applicant, goods and the services coincide with the goods and services of the basic registration or the basic application. After that, the application for the international registration of the mark is sent to the WIPO International Bureau. The International Bureau of WIPO conducts an examination and registers the mark in the International Register and sends the certificate of international registration of the mark to the proprietor of the mark. Also, the International Bureau shall forward the relevant communications to all countries specified in the international application and within 12 months from the date of this notification, each country shall carry out the examination of the mark in accordance with national law, confirming the validity of the international registration for all goods and / or services or parts of the goods and / or services, or completely refuses to be protected. Registered marks have the same legal status as trademarks registered and registered in the country under the national procedure.

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