Trademark registrationThere are two ways to protect Trademark rights:
1. Registration of Trademark
2. Recognition Well-Known Trademark
If you have decided to register trademark in Ukraine, here are general tips which you have to consider while achieving this point. Ukraine is a member of Paris Convention, Trademark Law Treaty, Singapore Treaty, Madrid Agreement, Madrid Protocol, Nice Agreement and Vienna Agreement.
The Applicant of a trademark can be natural person and legal entity.
You can file a trademark: verbal, device, combined (verbal + device), three-dimension, sound. Also you can register color or combination of colors, collective, service trademarks.
The following documents and information are required for filing a trademark application in Ukraine:
- power of attorney (simply signed, no notarization legalization is required);
- name and address of the applicant;
- trademark (sign);
- list of goods and services;
- date and number of priority application, country (if there is).
Our experts provide services on Trademark registration:
- filing an application. Notice, registration of any Trademark carried out in respect of certain goods and/or services. All kinds of goods and services are grouped into 45 classes of the International Classification of Goods and Services ;
- legal support during formal examination;
- substantive examination;
- monitor publication and registration.
The terms of filing application - one business day.
The approximate time of trademark registration is 12-18 months. Notice, accelerated terms of 7 to 9 months or 4 1/2 to 5 1/2 months are available in Ukraine.
Granting of a Well-Known TrademarkIn accordance with Trademark Law recognition of a trademark as a well-known mark may be by the court or by the Appeal Chamber of the State Intellectual Property Service.
The procedure of recognition trademark as well-known registration takes 6 months in case of court hearings and 3 months if you applied to Appeal Chamber.
Article 25 of above mentioned Law establishes basic principles and certain factors that are affected on the recognition of well-known trademark:
1. The level of fame or recognition of trademark in the relevant sector of the public.
2. The duration, extent and geographical area of any use and promotion of trademark.
3. Duration and geographical area of any kind of registrations and/or applications for the registration of trademark, in case if trademark is used or recognized.
4. The Certificate of successful defense of trademark rights. In particular, the territory in which trademark is recognized as a well-known by the competent authorities.
5. The value associated with trademark.
Information about the trademark, recognized as well-known, is recorded in the State register of well-known trademarks in Ukraine of the State Intellectual Property Service.
Our experts will provide you legal support on recognition TM as wellknown. Related articles:
What we need to know about Registration of Trademarks in Ukraine? Guide of trademark registration in Ukraine