Trademark registration is an important step in ensuring the protection of the identifying mark of a product or service being offered on the market. This allows the owner to use the trademark in commercial activities, as well as to protect their rights to it in case of infringement.
Trademark registration in Ukraine is carried out in accordance with the Law of Ukraine “On Protection of Rights to Trademarks for Goods and Services”. The application for registration is submitted to the State Organization “Ukrainian National Office for Intellectual Property and Innovation” (UANIPIO).
The law provides for the registration of an application through the official website by submitting an electronic application. To do this, you need to authorize on the website and have an electronic digital signature from an accredited key certification center (since all documents that you submit when registering a trademark need to be signed, including the application itself).
Before submitting the application, it is necessary to conduct a trademark examination for goods and services to determine the possibility of its registration and the absence of infringement of other owners’ rights:
• Determine whether your trademark meets the conditions for legal protection
• Conduct a research of trademarks with different degrees of similarity
• Check the relatedness of classes and determine which classes your trademark needs protection in.
It is also necessary to correctly prepare the documents that are attached to the application. This includes the proper formatting of both the logo and other materials that are attached. Currently, all application materials must be prepared using Microsoft Word and submitted in doc format. The image of the trademark for goods and services should be in jpg format.
In the event that a decision is made to register the trademark, after paying the fee and entering the data into the State Register of Certificates of Ukraine for trademarks, the owner will receive a certificate of Ukraine for the trademark.
It should be noted that as of today, the minimum fee for filing an application for a trademark for goods and services is 3200.00 hryvnias (for black and white marking, by submitting an electronic application in one class). The cost of registration increases for colored marking, as well as for additional services. However, registering and protecting your trademark will be much cheaper than engaging in legal proceedings in case your trademark rights are violated.
After the registration of the trademark, the owner can use it in commercial activities, prohibit the use of the trademark, or grant permission to use the trademark for goods and services.
Registering a trademark is a complicated procedure, so in most cases, owners turn to lawyers for help in conducting this procedure. The lawyers and attorneys of the legal firm “IDEALIST” in Lviv, Ukraine can provide advice on trademark registration, register a trademark, and also assist in protecting the rights of the owner to the trademark for goods and services.