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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 trademark is an important business tool that allows businesses to stand out in the market and protect their goods or services from being copied. In Ukraine, a trademark can be registered in various forms, each of which has its own characteristics and areas of application. In this article, we will consider the main types of trademarks in Ukraine.
1. Word trademark
A word trademark is a word, a set of words, or a combination of words that can be a unique identifier for goods or services. For example, it can be the names of companies, products or slogans. Choosing a word trademark requires attention to its originality and uniqueness in order to avoid infringing the rights of other trademark owners.
2. Graphic trademark
A graphic trademark consists of visual elements such as images, logos, emblems or color combinations. This type of trademark allows a company to create a recognizable visual image for its goods or services. A graphic trademark must be original enough not to infringe the rights of other trademark owners.
3. Combined trademark
A combined trademark combines verbal and graphic elements. It can be a name written in a certain font or stylized in a certain way, combined with graphic images or symbols. Combined trademarks are often used to create a unique brand that will stand out in the market.
4. Sound trademark
A sound trademark consists of unique sounds or melodies that are associated with certain goods or services.For example, it can be ringtones accompanying advertising or sound logos. Sound trademarks are less common, but can be important for branding and creating awareness.
5. Bulk trade mark
A volumetric trademark (three-dimensional) is the shape or structure of an object that is used for goods or services. These can be forms of packaging, containers, or even the form of goods. A bulky trademark gives originality and recognition to products and can be difficult to create and register.
6. Color as a trademark
A color can also be registered as a trademark if it is uniquely associated with a particular brand. For example, a certain shade can be associated with a company and serve for its recognition. However, registering a color as a trademark can be difficult due to the need to prove its uniqueness and distinctiveness.
7. Positional trademark
A positional trademark is associated with the placement of a specific element on a product or its packaging. It defines the unique arrangement or positioning of a certain design or decoration. Positional trademarks often refer to elements such as the specific placement of logos or patterns.
8. Dynamic trademark
Legal analysis of a contract in the field of TM determines that a dynamic trademark involves the use of variable graphic elements that can change or move over time. This can include animations, color or shape changes, and even interactive components.
9. Slogan as a trademark
A tagline is a short phrase or expression that uniquely identifies a brand. Slogans can be registered as trademarks and are often used in advertising campaigns or on product packaging.
Conclusion
Legal analysis of documents by a lawyer and legal analysis of contracts by a lawyer gives reason to conclude that the variety of types of trademarks in Ukraine allows companies to choose the best approach to creating and protecting their brand. The choice of the appropriate type of brand depends on the goals of the company, its strategy in the market and the features of the product or service. Registration and proper use of trademarks are key aspects for successful business development. Each type of trademark has its own advantages and registration requirements that must be considered in order to succeed in the market.
