Publications: Тrademarks

The world-famous cocktails can not be registered as TM

One of the main goals that must be executed by each TM is to cause the goods or services of one manufacturer to stand out from the goods or services of others. According to the requirements of the legislation, that TM, which does not possess the distinctive capability, just simply can not pass the registration procedure. So, well-known names, abbreviations, images, etc. can not become a trade mark. Though, sometimes some signs may seem as original and exotic ones, e.g. a name of an alcoholic cocktail, first of all, TM's functions have to be considered.

TM vs Well-known name: the first rule to remember

Famed names, pseudonym, portraits, images, etc. are often the targets for strong headed applicants who want to use them in the capacity of their own TM. Such right holder is expected to acquire a number of successive achievements: his TM is a known sign, so he is recognizable within the market, so most probably he might receive greater economic benefit. However, not everything in the garden is rosy.

Outline of Grounds for Trademark Refusal in Ukraine

Legislation of each country establishes its own grounds for refusal of a trademark. In many countries there are similar grounds for refusal, but success registration of a sign in one country is not guarantee of trademark registration in another country.