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.
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
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How to register TM in Ukraine?
In general, the official process of trademark registration 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, the cost for each class is 4000 UAH;
- carrying out examinations, namely: assigning an individual number to an application for a mark for goods and services and setting a priority date (1-2 months after filing the application);
- compliance of the application materials for registration of a mark for goods and services with the law requirements (6-7 months after filing the application);
- the decision of the examination about registration of a mark for goods and services and the possibility of issuing a certificate (12-14 months after filing the application). 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, you should conduct an international TM registration
Documents required for registration
The main document during the TM registration is an application. In the application form you include all the information necessary for the competent authority to consider your request for trademark registration in Ukraine, namely:
- type of trademark (word, graphic or combined);
- trademark itself (word, logo, slogan etc.);
- classes of goods and services for a trademark registration Ukraine;
- information regarding the person who applies for a registration;
- other information as required by the application form.
Besides application form, on different stages of trademark registration you will need to provide a receipt confirming the fact you have paid the application fee and fee for issuance of the trademark certificate and official publication of the trademark.
In case you will receive an apposition to your trademark application, you will need to draft a response to such opposition.
How can we help?
One of the law practices of the Vigolex team is the registration of trademarks and copyright. We always explain to our customers what the trademark registration process is like, what are the price, time and procedure for trademark registration in Ukraine.
At Vigolex, we always help to provide services in a manner requiring as less actions on the clients’ side as possible.
The VigoLex team has many years of experience and unique knowledge in IT law, online and offline gambling, as well as other high-risk business and e-commerce areas.
We do not have conventional solutions and traditional approaches, whereas every task is considered comprehensively with all traps and pitfalls.
We are not afraid of changes and new challenges. We are ready to improve and adjust in accrodance to the time-being requirements and client’s needs.
We understand that our client is interested not in the process but in the result. The result of the client is our reputation.