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Publication date: 09.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Registering a trademark (TM) is an important step in protecting the identity of your brand and products on the market. Ukrainian law provides an opportunity to obtain exclusive rights to use a trademark and protection against unauthorised use by others. In this article, we will look at the procedure for registering a trademark in Ukraine and the important aspects to consider.
The procedure for registering a trademark
Preparation of the application: The first step in registering a trademark is to prepare an application containing information about the applicant, a sample of the trademark and a list of goods and services for which it will be used.
Submission of the application to the relevant authority: The application, together with the required documents, must be submitted to the State Intellectual Property Service of Ukraine, which is the authority responsible for TM registration in Ukraine.
Expert examination: After submitting the application, an expert examination of the application is carried out to determine whether it complies with the requirements of the law and whether there are any obstacles to registration.
Publication of the application: If the application has successfully passed the expert examination, it is published for public review, and other persons are given the opportunity to comment or object to the registration of the TM.
Issuance of a certificate: After successful completion of all procedures and payment of the established fees, you will be issued a certificate of TM registration, which confirms your rights to it.
Important aspects of TM registration
Choosing a unique brand: It is important that the TM is unique and does not infringe the rights of other trademark owners. Before applying, it is recommended to conduct research on the existence of similar marks.
Protection against infringement: Registration of a TM allows its owner to protect its rights in court in case of infringement by others.
Registration period: The certificate of TM registration is granted for a certain period of time and may be renewed upon expiry of this period.
The process of protecting rights to a trademark
Once you have registered your trademark, you are entitled to use it and protect it from unauthorised use by others. In case of violation of your trademark rights, you have the right to go to court to protect your rights. An attorney or lawyer specialising in intellectual property will assist you in this process, representing your interests in court and helping you to take all necessary actions to protect your rights. After obtaining a trademark registration, it is important to keep it valid and to renew it in a timely manner by paying the relevant fees.
International trademark protection
If your business is international in nature, you may also consider registering your TM outside of Ukraine. This will allow you to obtain protection of your trademark rights in other countries, which will help you develop your business and protect your identity in the international market.
The role of a lawyer in the TM registration process
In complex situations or when you need to protect your rights, it is recommended to contact a qualified attorney or lawyer with experience in the field of intellectual property. They will be able to provide professional advice, assist in: brand registration, international registration trademark, how much does it cost to register a trademark in Ukraine, trademark registration online, verification of brand registration, check trademark registration, check brand registration, and other.
Trademark registration is an important step for any business seeking to protect its identity and intellectual property in the marketplace. Compliance with all legal requirements and the right registration strategy allows you to obtain exclusive rights to use your trademark and protect them from unauthorised use by others.
