To avoid the illegal use of your trademark, it must be registered with a certificate. This can be done through national patent services and international structures. The procedure for securing the rights to the designation in Ukraine complies with all generally accepted rules - you need to draw up and submit an application, undergo expert examinations and pay the fees.
Ukraine is a party to all international conventions and agreements providing for protection of industrial and commercial property. These norms are reproduced in the national legislation, so a foreign right holder may also secure the rights to a trademark in Ukraine. Let us highlight the general rules that should be taken into account when making an application for registration of a designation:
The content of the application will be the same for national or international registration. The applicant must submit the application, the designation and its description, the list of product groups according to the Nice Classification.
The application must contain the registration data of the company or individual entrepreneur. If interests of applicants are represented by a patent attorney or other entity, information about the representative should be included in the application. The following rules must be taken into account in drawing up the designation and its description:
The positive result of the registration depends on the correct completion of the forms and forms in the application. The formal examination will verify compliance with the requirements to the content and format of the application and its individual documents. To avoid inquiries from Ukrpatent experts and to reduce the period of registration, each document must be checked thoroughly.
When drawing up the list of classes of products according to the Nice Classification of Goods, one should bear in mind that it will be impossible to increase the number of goods protected by a trademark after the certificate has been issued. Therefore, a company must determine in advance what products it will produce in Ukraine or supply to this country. The number of classes of the Nice Classification is not limited by law, but will entail an increase in the amount of state duty.
Application documents can be submitted in writing or electronically. The national application is submitted through Ukrpatent, and if applying under the Madrid system, one can apply to the office where the company is located or registered. In the second case, the examination will require translation of all documentation into the Ukrainian language.
If a company not registered in Ukraine applies for trademark registration, it can do business only through patent attorneys accredited with Ukrpatent. The list of mandatory stages of registration includes:
Granting of national or conventional priority on the application gives an advantage if later there will be documents from another applicant with similar designation. If there is a dispute about priority granting, one can file an objection to Ukrpatent - the dispute will be considered administratively, and then through the court.
The key will be the result of the expertise of the designation. At this stage the experts will perform the following actions:
Lack of distinctiveness, identification of identity or similarity, as well as a number of other reasons may be grounds for refusal of registration. It is possible to foresee and eliminate such reasons at the stage of formation of the application. For this purpose the company has the right to conduct a preliminary information search. If you apply to our company, the preliminary search will be carried out as quickly as possible, and if a match is found, it is possible to make appropriate changes to the application.
If the expertise passes without any comments, Ukrpatent specialists will decide on the registration. The company will receive a certificate and information about the registered designation will be entered into the register. Period of legal protection of trademark in Ukraine is 10 years, which complies with all international standards. You can extend the protection regime an unlimited number of times. To do that, the right holder must submit an application to Ukrpatent.
The duration of trademark registration in Ukraine is 12-18 months. This period can be shortened as much as possible if you take into account all the legal requirements when submitting an application. Our specialists will undertake the preparation of documentation and support of the application, which will avoid delaying the registration procedure.
Our company provides services to commercial entities that need to register a trademark in Ukraine. We will assist in the following areas:
Our specialists will ensure fast and correct filling of all forms and forms, will represent your interests at all stages of registration. To clarify the terms of cooperation with our company, please use the phone consultation or ask questions through the feedback form.
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