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Intellectual property Recognition of a trademark as well-known in Ukraine

Zal Dmytro Oleksandrovych

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zal@prikhodko.com.ua

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Recognition of a trademark as well-known in Ukraine

In today’s world, a brand is not just a symbol, logo or name. It is a reputation, customer trust, a reputation built over the years and a competitive advantage. Business owners often spend significant resources on developing their brand awareness. And that is why the question arises: how to protect the results of these efforts as much as possible? One of the most effective tools is to recognize a trademark as well-known in Ukraine.

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What does “well-known trademark” mean?

The concept of a well-known trademark is based on the provisions of the Paris Convention for the Protection of Industrial Property, as well as the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”.

A well-known trademark is a trademark that has gained wide recognition among consumers in Ukraine, regardless of the fact of registration. That is, a trademark may not even be registered, but if it is known and associated with a certain business, it can receive the status of well-known.

This is an important point, because a well-known trademark has special legal protection that exceeds the scope of ordinary registration.

What are the advantages of recognizing a trademark as well-known?

Obtaining the status of a well-known TM provides a number of significant advantages:

Extended legal protection

Unlike a regular registered TM, which is protected only within certain classes of goods and services, a well-known TM is protected in all classes. This allows you to prevent the use of similar names in related or completely different areas of activity, if this may lead to an association with your brand.

Advantage in litigation

In the event of a dispute over infringement of TM rights, recognizing it as well-known provides strong evidence. The court, as a rule, leans towards the owner of such a trademark, even if the infringement is indirect.

Possibility of cancellation of similar trademarks

If similar designations already exist or have been filed for registration, the owner of a well-known TM has a better chance of canceling them or preventing registration due to the likelihood of misleading the consumer.

Increasing brand value

A brand that is officially recognized as well-known automatically receives a higher value in the event of a business sale, franchise, or investment.

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Who recognizes a trademark as well-known in Ukraine?

Recognition of a trademark as well-known is carried out by the Appeals Chamber at the National Intellectual Property Office (NIPO). This is a special body authorized to consider relevant applications and make decisions on granting or refusing to grant such status.

It is worth noting that the procedure is extrajudicial, but it requires a thorough approach to the preparation of documents and evidence.

It will also be useful: Cost of trademark registration (TM) in Ukraine

What evidence is needed?

In order for a trademark to be recognized as well-known, it is necessary to provide a convincing amount of evidence of its wide recognition. Such evidence includes:

sales volumes of goods or provision of services under this trademark;
advertising campaigns, budgets, coverage;
evidence of recognition among consumers (sociological surveys, publications in the media);
presence of the trademark on the Internet, including social networks;
court decisions or disputes related to the protection of this TM;
information on the geography of use and the duration of the brand’s existence.

The ideal approach is when both quantitative and qualitative data are collected, confirming that the brand really has a reputation and is known to a wide range of consumers in Ukraine.

Procedure for submitting and considering an application

Preparing an application to the Appeals Chamber is a legally competently drafted document containing a description of the mark, its use, and a list of evidence.
Forming a package of evidence—at this stage, the participation of lawyers is especially important, as the materials need to be correctly classified, structured, and submitted.
Payment of the fee—the amount is set in accordance with current legislation.
Consideration of the case by the Appeals Chamber—a decision is made based on the results of the hearing.
Publication in the Bulletin of the National Trademark Office—in the event of a positive decision, the mark is included in the list of well-known marks in Ukraine.

In general, the process takes from several months, depending on the complexity of the case and the amount of evidence submitted.

How often does it need to be renewed?

A well-known TM does not require renewal, as is provided for a regular registered TM every 10 years. However, it is important to understand that in practice, the relevance of recognition may be questioned if a lot of time has passed since the decision was made and the TM has lost publicity.

Therefore, sometimes it is worth initiating re-recognition or at least taking care of regularly updating the evidence base, so that in the event of a dispute, you have confirmation that the TM is still well-known.

Why should you contact lawyers?

The procedure for recognizing a TM as well-known, although it is extrajudicial, contains many pitfalls. Key challenges:

correct selection of evidence and argumentation;
preparation of a legally competent application;
substantiation of recognizability in the required time and geographical range;
interaction with the Appeals Chamber;
responding to requests or objections from third parties.

Without experience and professional understanding of legal practice, the chances of a positive decision are significantly reduced.

Our team has practical experience in supporting cases on recognizing trademarks as well-known in Ukraine. We will help you prepare a convincing package of evidence, organize legal support at all stages of the procedure and ensure the protection of your rights.

Trademark recognition is a strategic decision that provides the highest level of legal protection for your brand. If you have invested time, effort, and investment in your business, it is time to ensure that this asset is well protected.

Don’t put off protecting your brand for later — contact Prykhodko and Partners for a consultation today..

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