Legal protection of a trademark in Ukraine: understanding the process

A trademark is an important component of any business, as it serves as a means of distinguishing one's goods or services from the goods or services of competitors. Trademarks can take various forms, including words, logos and symbols. In Ukraine, the registration of a trade mark is an important step in ensuring the legal protection of a brand. However, trademark registration is only the first step. In order to truly protect a trademark in Ukraine, it is necessary to understand the process of judicial protection of a trademark.

Trademark infringement is considered to be:

1. When a third party uses a trademark without permission or
2. Thus, it causes confusion about brand affiliation among consumers.

Infringement may be intentional or unintentional and may take various forms, such as counterfeit products, deceptive advertising, or unauthorized use of a trademark.

If the claim is satisfied, the court not only imposes a ban on further use of the mark without the permission of the owner, but also may, at the request of the right holder, confiscate all goods bearing the trademark, confiscate the means of production of such goods and seek compensation for the damage caused and lost profits. In addition, when considering a claim for infringement of trademark rights, the court can also resolve the issue of reimbursement of expenses for going to court and payment of attorney's fees. Therefore, if you have grounds for filing a lawsuit, do not delay and contact a qualified lawyer for professional advice and preparation of a claim.

It is important to note that in case of violation of trademark rights, not only civil liability can be applied, but also administrative and criminal liability according to the relevant articles of the Criminal Code of Ukraine.

The need for legal protection of a trademark in Ukraine usually concerns the following cases:

• Conducting a trademark search: before registering a trademark, it is important to conduct a comprehensive search to make sure that the trademark is not already being used by someone you do not know about. If your brand is already trying to register another person, you have the right to demand the termination of such actions and the transfer of the registration application to your name, to file objections to such registration, and also, in the case of an already existing third-party certificate, to appeal it through a court.
• Monitoring of the trademark register: after registering a trademark, it is important to monitor its use on the market. This means monitoring potential violators and taking the necessary measures. In addition, certain persons may try to register similar designations - and this must be stopped in a timely manner.
• Monitoring the use of the brand in the market: You may find products under your brand on the shelves of stores or at distributors to whom you did not sell your products, that is, they purchased them from someone copying you or copied your brand on their own. If the rights to the trademark are violated, you can take measures in court to stop such activity and demand compensation for the damage.

Representation in court for the use of a trademark in Ukraine: stages of the procedure

1. Consult a trademark attorney: Before filing suit, it is important to consult with a trademark attorney who can advise you on the merits of your case and the best course of action. A lawyer will also help you gather evidence and develop a strong legal strategy.
2. Investigate violations: it is important to collect evidence of trademark use, in particular where and how it is used. This may include conducting an investigation, collecting witness statements and collecting documents about the violation.
3. Infringement Claim: Before filing a lawsuit, it is appropriate to send an Infringement Claim to the person or company using your trademark. This letter officially requires them to stop using the trademark, and you can also demand compensation for damages. If the person or company fulfills the requirements of the claim, further legal proceedings may not be necessary.
4. Filing a claim: If a person or company continues to use your trademark after receiving a claim, the next step may be to file a claim. This provides for filing a complaint in court with a description of the violation and damage suffered as a result. The defendant will be able to respond to the claim and the relevant arguments will be considered by the court.
5. Trial and decision: during the trial, both parties present evidence and arguments in support of their positions. The judge will ultimately determine whether the defendant infringed the trademark rights and what damages should be awarded. Damages may include compensation for lost profits, legal costs, and other damages caused by the violation.

In conclusion, trademark litigation is a vital tool for protecting your brand's identity and reputation. Taking the necessary measures to protect the trademark, companies can guarantee that their brand will not be used by competitors or other entities in Ukraine and the world. Protecting the use of trademarks through court is a complex issue that requires a deep understanding of Ukrainian legislation and procedures.

Whether you're registering a new trademark or want to enforce an existing one, it's important to work with an experienced trademark attorney to help you navigate the complex legal landscape and protect your valuable intellectual property.