REGISTRATION OF TRADEMARK

The team will help to professionally register your trademark

Trademark (mark for goods and services) is the notation by which goods and services of some persons are distinguished from goods and services of other persons.

The mark for goods and services is a means of individualization of goods and services of participants in economic circulation.

To register a trademark, follow these steps:

Evaluate the designation that is claimed to comply with the terms of the provision of legal protection.

  • Legal protection may be given to the designation which:
  • does not contradict the principles of humanity;
  • does not contradict the principles of morality;

the designation on which the grounds for refusal to register the trademark are not covered are established by the Law of Ukraine "On the Protection of Rights to Trademarks for Goods and Services".

Specialists of the companyfor you will check for registration the trademark registration, for compliance with the terms of the legal protection

Conduct an information search on the novelty of the trademark (TM).

Search for the novelty of a trademark is carried out:

based on registered trademarks in Ukraine;

on the basis of registration marks in Ukraine;

on the basis of international registrations, which received a territorial extension to Ukraine.

The cost of searching for the identity and likeness of the designation applied for registration as a trademark is:

Contemporary or figurative trade mark:

  • for 1 class - 864,00 UAH;
  • for each subsequent class - 174.00 UAH.

Combined Brand:

  • for the 1st class - UAH 1728.00;
  • for each next class - 336,00 UAH.

 Information search is conducted to avoid the grounds for refusal to register a trademark on novelties.

Registration of application documents for registration of a trademark in Ukraine.

An application for registration of a trademark must contain:

1. application for registration of the trademark;

2. Image of a 8x8 size sign:

 → for black and white designation - 5 pcs.

 → for color coding - 10 pcs.

3.list of goods and services, grouped by classes.

When registering an application for registration of a trademark, it is important to correctly define the classes, for which this designation is registered.

 For submission of an application for registration of a trademark, a state fee shall be paid:

  • 4000,00 UAH.;
  • 4000,00 UAH. for each subsequent class;
  • 1000,00 UAH, if the trademark is claimed in color.

Registration of a trademark with the official name of the state. Procedure.

To be or not to be?
 
An affirmative answer to the question posed is possible under certain conditions.
 
Thus, individuals - entrepreneurs registered in accordance with the procedure established by the legislation of Ukraine and legal entities created in accordance with the procedure established by the legislation of Ukraine, can obtain consent to include in the mark for goods and services a designation containing the official name of the state "Ukraine" factors, which are:
  • the use of the official name of the state "Ukraine" as an element of the mark for goods and services does not contradict public order, the principles of humanity and morality, will contribute to the interests of the state and will not mislead the public regarding a person producing goods or providing services;
  • goods and services in respect of which the use of such a mark for goods and services is supposed to have industrial, educational, scientific, cultural or artistic value;
  • the types of goods and / or services produced and / or provided by the applicant are unique, inherent only in Ukraine;
  • the applicant occupies a dominant position in the Ukrainian market for goods and / or services for which the use of the mark is supposed for goods and services;
  • the applicant carries out foreign economic activity and occupies a dominant position in his group of goods and / or services of foreign economic activity;
  • the duration of the applicant's activity on the Ukrainian market or the world market for such goods and / or services is at least 5 years.
These factors must be officially confirmed by the provision of documents confirming the recognition of the quality of goods and / or services of the applicant at the national and / or international level as a result of his participation in exhibitions, competitions, conferences, seminars (copies of diplomas, certificates, awards, etc.) ); information about the applicant's activities in the interests of Ukraine, published in the official media, and so on.
 
By procedure ...
 
If you meet the criteria listed above, you must apply for consent to include in the mark for goods and services a designation containing the official name of the state "Ukraine" and the necessary package of documents at the location of the Civil Service. 
 
The competent authority that considers the application for the use of the official name of the state "Ukraine" as part of the mark for goods and services is the Commission for the coordination of issues on the introduction of the designation containing the official name of the state "Ukraine" in the mark for goods and services (hereinafter - the Commission) ... The final results of the consideration of the application by the Commission are reflected in the decision of the Commission.
 
The material side of the implementation of the procedure - into account
It is worth remembering that for the inclusion in a trademark for goods and services of the designation that reflects the name of the state "Ukraine", an additional state fee of 24,000 hryvnia is charged, in addition to paying the basic fee for filing an application for a trademark for goods and services.