A trademark as intellectual property is an extremely valuable asset for a business. It is defined as a unique symbol, logo, word, phrase or combination of these elements that identify the products or services of a particular manufacturer. Illegal use of a trademark without the permission of the owner can cause serious damage to the brand and the financial condition of the company. In such cases, legal protection of a trademark becomes a key activity for preserving intellectual property and fighting infringements.
Regulatory base in Ukraine
In Ukraine, the legal protection of trademarks is regulated by legislation, in particular “On the protection of rights to signs for goods and services”. This law provides trademark owners with various rights and opportunities to protect their interests in court in the event of illegal use, in particular, the law itself determines that Ukrainian courts not only resolve disputes about the violation of the rights of the TM owner, but also the violation of the performance of license agreements and the establishment of the right holder trademark. .
Illegal use of a trademark without the permission of the owner is a serious violation of intellectual property rights. This can lead to losses for business, the legacy of brand popularity and losses for the company’s financial condition. To prevent such consequences and protect their rights, trademark owners must take measures for their legal protection.
In general, TM protection is possible in several ways:
- TM registration gives you a full range of rights to copy, distribute, and prohibit its use on the territory of Ukraine, there is also the first level of protection, the necessary trademark. At the same time, it is possible to file objections to registration by another person or to file an appeal against such registration.
- Protection from unfair competition – copying the designations of other companies and entrepreneurs is considered unfair competition and entails administrative responsibility.
- Control of usage and distribution: The owner of a trademark has the right to enter his trademark in my register, prohibiting the import of goods with similar designations, contact online and offline trading platforms in order to remove infringers from the market.
- Legal protection – in specific cases, it is necessary to file lawsuits in court with the necessity of compensation for damage and liability of violators of your rights.
Stages of TM protection in court in Ukraine
Collection of evidence: The owner of the trademark can present testimony, expert opinions and other evidence confirming the fact of illegal use of the trademark.
Filing a claim: The claim must include all necessary evidence of infringement of trademark rights, as well as justification of the claimed losses.
Consideration of the case: The court examines the evidence and listens to the positions of the parties, examines the case and makes a decision on the presence or absence of infringement of trademark rights and the amount of damage.
Punishment of the infringer for illegal use of the trademark without permission: If the court determines that the rights to the trademark have been violated, the infringer will be obliged to compensate the owner of the trademark and stop the illegal use of the trademark, as well as observe such restrictions in the future. In some cases, the court also cancels the registration of the TM-infringer, if such was registered.
Trademark protection in practice
In general, the legal protection of a trademark is an integral part of a business strategy to ensure the protection of intellectual property and the preservation of the brand’s reputation. Ukrainian legislation provides effective means for this, and brand owners should be ready to use them to protect their rights.
Protecting a trademark in court in Ukraine is a complex and important process. For a successful defense, the brand owner must have strong legal arguments and evidence, it is also necessary to identify and record violations as quickly as possible to minimize losses and repair
However, the ways of pre-trial protection, such as the removal of infringing goods from trading platforms and social networks, the cleaning of infringing sites by Google search, the restriction of the import of goods with a similar designation, greatly simplify the possibility of developing your business, as well as a legal way to fight against competing entrepreneurs, since it is branding allows you to distinguish your product, and its registered trademark – prohibit the use of the brand by others.
In general, the TM protection strategy should be individualized and take into account the needs and goals of a specific business. Lawyers play a key role in developing and executing this strategy to ensure effective protection of the client’s intellectual property and brand. Developing a trademark (TM) protection strategy is an important task that lawyers perform to ensure the client’s intellectual property and protect its rights in the field of branding and marketing.
Our experience and knowledge will help to avoid unnecessary difficulties and provide the necessary result. All you have to do is contact us and focus on the development and prosperity of your business.