It is safety to state that today, in the rapidly developing world a trademark is not just a unique asset, but also actually a “business card” of a company. Therefore, it is recommended that you register your own trademark for maximum protection.
How difficult is to undergo a successful registration in Ukraine?
In some cases the registration procedure in Ukraine may take several years. It is quite difficult for a person without in-depth knowledge of legal niceties to understand the whole process without the help of competent lawyers. For example, one of the stages is to check the trademark for the presence of similar analogues at the Ukrainian market, which includes various analyzes and assessments. Suppose you have a symbol that you want to use in product or services labeling. A preliminary check will show how unique the idea is among other already existing Ukrainian brands. This stage is optional in terms of legislation, but based on VigoLex practice it is highly desirable.
You should not take the risk and spend money on filing an application for registration without a preliminary analysis of the object, so as not to be rejected due to the lack of the mark uniqueness or its similarity to the already registered one
In general, the official process of registering trademarks in Ukraine lasts from 12 to 18 months according to the general procedure and from 6 to 9 months according to the expedited one.
Stages of a trademark registration:
- preparing and filing of an application for registration with Ukrpatent;
- payment of the fee, which is set taking into account the number of classes that cover the goods and services indicated in the application, that is, when choosing the class “telecommunication services”, the security and protection of the trademark will be carried out only in this field. Since 2019, thecostforeachclassis4000 UAH;
- carryingoutexaminations, namely: assigninganindividualnumbertoanapplicationforamarkforgoodsandservicesandsettingaprioritydate (1-2 monthsafterfiling the application); complianceofthe applicationmaterialsforregistrationofamarkforgoodsandserviceswiththelaw requirements (6-7 monthsafterfilingtheapplication); thedecisionoftheexaminationaboutregistrationofamarkforgoodsandservicesandthepossibilityofissuingacertificate (12-14 monthsafterfilingtheapplication).During this stage Ukrpatent may need additional clarifications regarding the application materials or the compliance of the declared trademark with the conditions for registration; in such cases, VigoLex team supports the client in all disputes;
- obtaining a positive decision based on the examination results, registration of a trademark;
- official publication and issuance of the certificate.
After this stage, the certificate owner can affix an international labeling next to the registered trademark, which certifies that such a trademark is registered and protected by the current Ukrainian legislation. The validity period of the certificate is set for 10 years, after which the owner has the right to extend its validity for the same period.
It should also be noted that a certificate issued in Ukraine has a limited territorial effectiveness exclusively in Ukraine. If it is necessary to use a trademark at the foreign market, VigoLex is eager to provide support in the procedure of international registration of trademarks.