Trademarks

REGISTRATION OF A TRADEMARK IN UKRAINE

An application for trademark registration in Ukraine may be submitted by any individual or a legal entity, both resident or non-resident of Ukraine. The term of validity of the Trademark Certificate is 10 years, subject to extension for another 10 years. Trademark protection in Ukraine is territorial, i.e. the mark  under the Trademark Certificate of Ukraine is protected only within the territory of Ukraine.

+ How the mark according to the Trademark Certificate is protected?

The scope of trademark protection is defined by the image of the mark and the goods and services as specified in the Certificate. In other words, legal protection of a trademark shall be provided to the extent of the applied image (design) thereof and of the relevant list of works and services, as declared during application, in accordance with the International Classification of Goods and Services.

+ How does the registration take place?

The standard procedure for trademark registration in Ukraine is 12 to 15 months. Within the specified period, the application file undergoes formal and qualifying examinations, i.e. it is verified whether the designation applied can be registered as a trademark and whether a Certificate may be issued for the same.  At the stage of the qualifying examination, the Patent Office discovers whether there are any identical or similar designations already registered or applied for registration prior to the designation applied.  The Patent Office decides on a possible registration of or possible refusal to register the trademark or on the notice of the possibility of refusal to provide legal protection. In case of a positive decision, the applicant is issued a Certificate of Registration of a Trade and Service Mark.

When you approach a patent attorney with the registration of a trademark, all the “troubles” about the appropriate completion of an application for a trademark  and the preparation of the filing, as well as the “troubles” about your application passing the above stages will be taken by our experienced patent attorneys.

We will help you with the registration of a trademark in Ukraine and give preliminary advice on the relevant matters, such as

– Analysis of a trademark for the possibility of obtaining legal protection;

– Conduct of a trademark search  and provide an opinion on the possibility of trademark registration;

– Maintenance of trademark registration in Ukraine;

– Amendment of the application filing (if necessary);

– Preparation and submission of an opposition notice to the preliminary refusal of trademark registration;

– Obtainment of  Trademark Certificate of Ukraine;

– Renewal of  Trademark Certificate of Ukraine;

– Accelerated procedure of trademark registration in Ukraine;

– Monitoring of  trademark applications submitted to the UPO;

– Preparation of opposition to trademark registration

INTERNATIONAL REGISTRATION OF A TRADEMARK AND OVERSEAS REGISTRATION

At present, the available ways of overseas registration of a trademark for Ukrainian applicants are as follows

+ National registration procedure

A Ukrainian entity (or a person, if possible) may directly apply for trademark registration to the Patent Office of the country where the applicant is interested in obtaining legal protection. Typically, the national registration procedure is carried out through the local patent attorneys of the country.

+ International registration under the Madrid Agreement and Protocol Application for international registration allows to cover the maximum number of countries where the applicant is interested to obtain legal protection and minimize the cost of registration as compared to the national registration. In addition, the law provides for subsequent indication of the international registration countries which have already obtained legal protection.

+ The European Union Trademark (The EU Mark). The procedure for registering the EU Mark is carried out through the agency of European Union Patent Attorneys and is applicable within the entire European Union. But it should be noted that a refusal of legal protection in one of the EU countries subject to the refusal of the protection in all the EU countries.

Acquiring intellectual property rights to a trademark abroad requires expertise, financial costs, and time.

The experts of ORBIS, Law and Patent Office, have developed good practice in registering trademarks abroad and established partnerships with partner patent agencies of most countries of the world. On request, we will select the most relevant  way to protect your trademark and will calculate the cost of such registration.

Our Office offers the services of international and overseas trademark registration as follows

– Conduct of a search in the database of the International Bureau of WIPO;

– Preparation of a filing for international trademark registration;

– Obtaining of a Trademark International Registration Certificate;

– Maintenance of the registration procedure;

– Preparation and submission of opposition in the event of a preliminary refusal of registration;

– Renewal of an international registration;

– Amendment of an international registration;

– Full and partial assignment of rights to an international registration;

– Full and partial cancellation of an international registration;

– Comprehensive maintenance of the registration procedures at national departments of most countries of the world (through local patent attorneys).