Is it possible to use a brand name for labeling goods / services?
A mark for goods and services, as well as a trademark, a trademark from the English. trademark - the designation, the sign on which the goods and services of some individuals differ from the goods and services of others. A trademark serves as a means of individualization of goods (services) and participants in economic turnover.
The name of the legal entity is the name that distinguishes the legal entity as an independent subject of law.
When registering a trademark, examination, in particular, checks it for identity and similarity with previously registered marks for goods and services and submitted for registration. It is also checked for similarity to the degree of confusion with trademarks that are well-known in Ukraine.
A well-known trademark known to a wide range of consumers in the relevant sector of society, thanks to its long-term use in relation to certain goods and / or services.
Legal entities can legally exist with similar names, differing only in the organizational and legal form, for example, Trademark LLC, Trademark OJSC, Trademark PJSC. You can also register a legal entity with minimal differences, unlike a trademark, for example, OOO Trademark, OOO Trademark-IP.
On the mandatory registration of a commercial name, the legislation of Ukraine does not require such registration. In the civil code of Ukraine on the possibility of registration and on the right of the owner to enter information about the commercial name in the relevant register. The law does not provide for the procedure for such registration, and, unfortunately, the relevant registry has not yet been created. In this regard, there is a large number of legal disputes between the owners of commercial names and owners of trademarks, about the legality of the use of identical or confusingly similar designations. The category of such cases is ambiguous and complex, since it comes down to evidence from the owner of the company name of the fact of the first and subsequent use of the name in business activities.
Thus, a company name can be used for marking goods / services if it is not similar to the degree of confusion with registered or filed for registration marks for goods and services.
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