The lawyer advises the client and determines for which goods or services the trademark will be used, verifies the presence of already registered similar trademarks to avoid denial of registration. The registration procedure is also defined: ordinary or expedited.
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Publication date: 22.07.2022
Reading time: 17 minutes
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№
Stage
Term (days)
Cost
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1
Legal conclusion1 UAH 2,280.00
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2
Application for registration3 UAH 3,990.00
The lawyer forms the application for the registration of the trademark, adds the necessary documents and informs the client what amount of the administrative fee and the state fee must be paid for the registration, and after the payment by the client, the lawyer submits an application to the Ukrainian Patent, about what gets the document with the assignment of a unique number of the application.
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3
Obtaining the Ukrpatent Decision90 UAH 2,280.00
The lawyer receives the decision of Ukrpatent to register the trademark and informs the client of the need to pay the publication fee for the issuance of the trademark certificate and the fee for issuing the trademark certificate.
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4
State trademark registration630 UAH 1,710.00
The certificate is published and the trademark is registered, after which the lawyer receives the trademark registration certificate.
In general
724
UAH 10,260.00
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Trademark registration in Ukraine: description of the procedure
A trademark is a designation that distinguishes any services (goods) of one person from similar offers of another. The trademark has other identical designations, for example:
● a mark foar certain services or goods;
● logotype;
● trademark;
● brand
In accordance with the current legal norms, trademark registration in Kyiv and other parts of Ukraine requires formal confirmation of any designation or set of certain designations. They can be numbers, letters, one or more shades, names, and any combination of all of the above.
Why do you need brand registration?
Registration of the right to a trademark is not considered a mandatory procedure, so its owner can use it in his activities as he deems necessary to attract the client. However, after registering the brand, the entrepreneur receives a corresponding certificate that will protect his interests.
That is, the owner acquires legal protection and a number of other advantages:
● The owner of the mark receives a monopoly right to its use and an official ban on other people mentioning or using the unique mark (name) in business. Any use of it by third parties is a reason for prosecution and legal proceedings.
● Trademark registration is proof of intellectual property, so the brand can be pledged, sold, used as the subject of a license agreement, etc.
● A trademark is considered an intangible asset, therefore, according to accounting standards, it can be part of the authorized capital and used as an investment.
How trademark registration takes place in Ukraine: the main stages
Many entrepreneurs are interested in how much it costs to register a trademark in Ukraine, and plan to organize the registration on their own. Practice shows that the procedure is quite complicated, it implies knowledge of the current legislation and exact observance of the procedure.
How to check trademark registration
The protection of the owners of a unique brand and the features of its registration are prescribed in the national Law "On the Protection of Rights to Marks for Goods and Services". According to this document, registration of the stamp is not allowed in the following cases:
● When the international registration of a trademark is carried out and it turns out that there are similar brands that are protected without registration on the basis of valid agreements on international cooperation. This condition is taken into account in Article 6 of the Paris Convention, which deals with industrial activity and the protection of industrial property.
● When the claimed brand can be confused with similar ones that have already been approved or claimed on behalf of another person. Registration is also not allowed in the case when the trademark has a uniform similarity with others that already exist.
● If brand names are registered that are considered widely known on the territory of Ukraine and in fact belong to other persons, as well as in other situations provided for at the legislative level.
To avoid bans, you need to check the registration of the trademark in advance. It is carried out in the form of a search for similar brands, as they can be an obstacle to further registration. As a rule, such work is carried out by specialized lawyers who know the procedure and sources that allow for a full-fledged inspection.
Registration of a trademark
Trademark registration in Kyiv (Ukraine) takes up to 3 days from the moment of submission of materials to Ukrpatent. At the same time, an official request can be submitted only for one sign! After submitting all documents in accordance with the law, the registrar of the Office issues a notice with a unique number that the application has been accepted for consideration. Let's list some documents that the applicant may need:
● Accurate representation of the trademark.
● The documents are contact documents, and they must also certify the identity of the applicant.
● A complete list of services and goods that will be provided to consumers under the declared brand.
● Power of attorney, according to which the representative person acts on behalf of the applicant - if required.
The applicant also needs to take into account the need to pay the state fee for submitting an application to Ukrpatent. The declared cost of trademark registration is paid within 60 days or 2 months from the moment of application. If the payment is not made, the application is considered invalid.
Verification of brand registration
After the entrepreneur has submitted documents for registration, information about the application will be published in the Official Bulletin no later than 5 days later. This is necessary so that third parties can protest if they see similarities with their brand or have other reasons to oppose the design of the mark.
Next to the verification, the registration of the brand name (mark) undergoes a formal examination. That is, the compliance of the brand with all the requirements stipulated by the law is checked:
● Availability of all documents.
● Compliance of the application with the approved rules.
If all the rules are followed, the registration proceeds to the examination stage, which the applicant is informed about.
Registration of a trademark in Ukraine: examination
At this stage, the specialist carry out a qualification examination, which is necessary to check the compliance of the declared designation with the requirements of legal protection, that is, the new sign must not:
● Contradict social order and moral principles.
● To indicate a name, sign or title associated with the rise of communism or the proclamation of Soviet power.
● Registration of one's own brand should not contradict the current laws of Ukraine, which protect human rights.
As a result, Ukrpatent makes a decision on whether to allow or prohibit registration of a trademark.
If the decision is positive, no later than 90 days later, you must pay the state fee for the registration of a new brand, production and issuance of the corresponding certificate. If the fee is not paid, the registration is considered revoked.
When the decision is negative, it can be appealed. In such a situation, it is difficult to do without competent legal support, since the applicant has only 2 months to submit an answer to Ukrpatent based on material evidence and laws.
Brand registration in Ukraine: issuance of a state certificate
The trademark certificate is issued within 30 days from the moment of payment of the duty. It is from this time that its owner has the right to dispose of the unique designation at his own discretion. That is, it is possible to prohibit third parties from using the brand in any context, to affix the ® designation. It warns that this brand has been officially approved by a state body and is protected by the legislation of Ukraine.
Registration of the stamp can last more than a year. However, with the support of a specialized lawyer, it is possible to urgently register a trademark at the expense of a request for an accelerated examination and detailed knowledge of the entire registration procedure provided for by law.
Registration of a trademark for a domain
Entrepreneurs planning to register a trademark can create their own domain name with the UA extension online. This can be done only after obtaining a trademark certificate. This requirement was introduced in order to eliminate confusion on the addresses of online resources and minimize litigation in the Internet sphere.
Sites with "UA" status belong to level 1 domains, their national to the domain zone. The future success, recognition, and prestige of the business activity of the company planning to register a unique brand depends on this. In order to receive the domain name "UA", you need to provide a document confirming the official registration of the brand
How long is the registration of your own trademark valid
The term of validity of the sign is 10 years from the date of official registration. The legislation provides for the possibility of extending this period for the same period, but on the condition that the state duty is transferred six months before the end of the validity of the certificate.
Trademark registration in Ukraine: the price of a lawyer's work
Those who need trademark registration in Ukraine are most often interested in the price of specialized lawyers. This is explained by the fact that specialists have the opportunity to significantly speed up the process and exclude refusal of registration. The cost of lawyers' work includes phased activity.
Legal opinion. A client consultation is conducted, where a specialist determines the scope of the sign, conducts a check to exclude repetitions. At this stage, it is determined how the trademark can be issued - accelerated or according to the usual procedure. The client's documents are also collected.
Submission of application and documents. It includes the formation of an application with the preparation of all documents, including those confirming the payment of duties. The result of the procedure is receiving a corresponding notification from Ukrpatent.
Obtaining a decision. A lawyer or a client accompanied by a lawyer receives a decision that the registration of the brand in Ukraine is successful and it is necessary to pay duties for obtaining a certificate. The final stage is state registration.
Registration of a trademark, brand with the help of experienced lawyers
You can find out how much brand registration costs, whether it is possible to carry out the procedure in your case, as well as other features of trademark registration through our online service. Download the program with the data of leading lawyers in Ukraine.
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