Trademark Certificate - A document that certifies the ownership of the trademark.
The Certificate gives its holder the exclusive right to prohibit other persons from using it without his / her consent, unless otherwise provided by this Law:
a registered mark on the goods and services listed in the certificate;
a registered mark in respect of goods and services related to those given in the certificate, if such use could be misleading to the person who produces the goods or provides the services;
a mark similar to a registered mark in relation to the goods and services mentioned in the certificate, if such marks and marks can be confused as a result of such use;
a mark similar to a registered mark in respect of the goods and services related to the certificate, if such use could mislead the person producing the goods or providing the services, or the marks and mark may be confused.
The exclusive right of the holder of the certificate to prohibit other persons from using the registered mark without his consent shall not apply to:
the exercise of any right that arose before the date of application or, if priority was claimed, before the priority date of the application;
use of a mark for a product entered under that mark in civil circulation by the holder of the certificate or with his consent, provided that the holder of the certificate has no valid grounds to prohibit such use in connection with the subsequent sale of the goods, in particular in case of change or deterioration of the condition of the goods after its introduction into civil circulation;
non-commercial use of the sign;
all forms of news reporting and news commentary;
the fair use of their names or addresses;
the use of the mark in comparative advertising, carried out in accordance with advertising law, to protect against unfair competition and does not apply to unfair business practices.
The holder of the certificate may transfer to any person ownership of the mark in whole or in part of the goods and services specified in the certificate on the basis of the contract.
The transfer of title to a mark is not allowed if it may cause the consumer to be misled as to the product and service or to the person who produces the product or renders the service.
The holder of the certificate has the right to give any person permission (to issue a license) to use the mark on the basis of a license agreement.
The license agreement must specify that the quality of the goods and services manufactured or provided under the license agreement will not be lower than the quality of the goods and services of the certificate holder and that the latter will monitor compliance with this condition.
The procedure for obtaining a trademark certificate.
In order to obtain a trademark certificate, the applicant or an authorized person submits an application to Ukrpatent.
The application must:
relate to one character.
to be drafted in Ukrainian.
The application for a trademark certificate must include:
application for registration of the mark;
an image of the claimed designation;
the list of goods and services for which the applicant requests registration of the mark, grouped by the ICCPR.