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Publication date: 22.04.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
A brand is an important asset for any business that wants to operate successfully and grow in the market. In Ukraine, legal regulation of trademarks is carried out in accordance with international norms and national legislation. In this article, we will consider the main legal aspects of a trademark in Ukraine, the process of its registration, protection and use.
A trademark (or brand) is a sign that distinguishes the goods or services of one person or organization from the goods or services of other persons or organizations. A trademark can be verbal, graphic, a combination of verbal and graphic elements, sound or even volumetric (three-dimensional).
Legal regulation of trademarks in Ukraine
In Ukraine, trademark regulation is carried out on the basis of the following legislative acts:
The Law of Ukraine "On Protection of Rights to Marks for Goods and Services" is the main normative act that determines the procedure for registration, use and protection of trademarks in Ukraine.
The Civil Code of Ukraine contains provisions related to intellectual property, including trademarks.
The legal analysis of contracts by an international lawyer gives reason to conclude that Ukraine is a party to several international treaties, such as the Paris Convention on the Protection of Industrial Property and the Madrid Agreement on the International Registration of Marks.
Trademark registration process
The legal analysis of documents by a lawyer analysis of contracts by a lawyer determines that trademark registration in Ukraine is carried out through the State Enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent).The registration process includes the following stages:
Application submission — the applicant submits an application to Ukrpatent, including an image of the trademark, a list of goods or services for which the trademark will be used, and the necessary documentation.
Preliminary examination — Ukrpatent checks the compliance of the application with the requirements of the law and the presence of previous similar trademarks.
Publication of the application - the application is published for the information of third parties and to provide an opportunity to file objections.
Final examination — after consideration of all objections, if there were any, Ukrpatent makes a decision on trademark registration.
Issuance of a certificate — after the successful completion of the registration process, the applicant is issued a certificate of trademark registration.
Trademark protection
After registration of a trademark, its owner has the right to protection against infringements. Legal analysis of a contract say that in Ukraine, there are various methods of protection:
Legal protection - a trademark owner can go to court to protect their rights in the event of infringement. The court can impose fines, oblige the infringer to stop using the mark or even remove the goods from the market.
Administrative protection — Ukrpatent can cancel the registration of the mark in case of its violation, or grant permission to use the mark to other persons.
Customs Control - Customs authorities may detain trademark infringing goods during import or export.
Use of the trademark
The use of the trademark must take into account the legal norms governing its use. It is important that the mark is used in accordance with the registration and does not infringe the rights of others.
Conclusion
Understanding the legal basis of trademark in Ukraine is important for every business that seeks to protect its intellectual assets and be successful in the market. Adhering to procedures for trademark registration, protection and use helps avoid conflicts and ensures reliable protection of your brand.
