The patent attorneys of Legal Consulting Group "Yaremchuk and Partners" will undertake the work on drawing up and preparing all necessary documents for the application for registration of the trademark , will conduct a preliminary search for databases, prepare a qualified response to the request of the patent office examination, provide any advice on trademark registration , will help you save time and money, as well as significantly reduce the risk of receiving a refusal to issue a certificate.
How to register a trademark in Ukraine?
To obtain a certificate of Ukraine for a trademark, it is necessary to file an application with the Patent Office Ukraine (Ukrpatent). An application is a set of duly executed documents. To obtain a certificate in any other country, it is necessary to file an application with the patent office of that country, or submit an international application.
Upon application, Ukrpatent conducts a formal and qualification examination. When the formal examination is carried out, the date of filing the application is established, it is checked for compliance with the formal requirements of the Law. When conducting a qualification examination, the compliance of the claimed designation with the conditions for granting legal protection is determined, it is checked whether such designation was registered before.
With a positive decision of the examination, the applicant is issued a certificate. For each action (for example, filing an application, making changes to an application, extending the deadline for submitting a response, etc.), the applicant must pay a corresponding fee to Ukrpatent.
The term of registration of the trademark (sign for goods and services) is 14-17 months from the date of filing the set of application documents. There is an opportunity to speed up the process of registering a trademark. An additional state fee is charged for the acceleration of registration. The registration term in this case will be from 8-9 months .
Documents required for filing an application for trademark registration:
- image of the trademark (in electronic and printed forms);
- a list of goods and / or services for which a trademark registration is intended;
- full name of the applicant in the Ukrainian language (name of the company and its legal address or full name and place of residence of the individual);
- the power of attorney of patent attorneys to represent the applicant's interests in the relevant institutions;
- contract for the provision of services by our company to the applicant.
Why do you need a patent attorney?
Since the requirements of patent offices for the preparation and drawing up of documents for a trademark application are rather severe, failure to comply with them can lead to a lengthy correspondence between the applicant and the patent office (especially for foreign patent offices), the need to correct some errors in the application materials, application and, as a consequence, the need to pay additional fees.
When applying to the patent office of another country, mistakes in the preparation of an application lead to significant financial costs. In addition, any errors greatly increase the risk of refusal to issue a certificate for a trademark.
Legal aspects of registration of trademarks in Ukraine
The main legislative act of Ukraine regarding signs for goods and services (trademarks or trademarks) is the Law of Ukraine "On protection of rights to signs for goods and services".
A trademark (trademark) is a designation by which the goods and services of certain persons differ from the goods and services of others. According to the Law, legal protection is granted to a sign that does not conflict with public order, the principles of humanity and morality. The object of the sign can be any designation or any combination of designations. Such notations may be, in particular, words, including proper names, letters, numbers, pictorial elements, colors and combinations of colors, as well as any combination of such designations.
The ownership of the sign is confirmed by a certificate. The validity of the certificate is 10 years from the date of application. The validity of the certificate may be extended at the request of its owner once every 10 years. The scope of the legal protection provided is determined by the image of the mark and the list of goods and services for which this sign will be used.
According to the Law , designations that depict or imitate are not eligible for legal protection:
- State emblems, flags and other state symbols (emblems);
- official names of states;
- emblems, abridged or full names of international intergovernmental organizations;
- official control, guarantee and assay marks, seals;
- awards and other differences.
However, such designations may be included in the mark as elements that are not protected, subject to the consent of the relevant competent authority or their owners.
In addition to this, can not get legal protection designations are:
- do not have a distinctive ability;
- consist only of designations that are commonly used as designations for goods and services of a particular type;
- consist only of designations that are descriptive, in particular, indicate the type, quality, composition, quantity, properties, purpose, value of goods and services, the place and time of manufacturing or marketing of goods or the provision of services;
- are deceptive or misleading regarding a product or service, consist only of designations that are commonly used symbols and terms;
- reflect only the form that is due to the natural state of the goods, the need to obtain a technical result or which gives the product a special value.
Signs which are similar to the signs registered or registered for registration in Ukraine earlier in the name of another person for the same goods and services or related to them can not be registered .