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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.
Register TM in Ukraine
A trademark (TM) is one of the most important assets of a business, which identifies a brand and increases its recognition. For any business that wants to stand out in the market, TM registration provides protection for a name, logo, slogan or other unique brand elements. The trademark provides the following opportunities:
- Protect the brand from copying. Other companies will not be able to use your unique marks, which will protect you from unfair competition.
- Create consumer loyalty. Unique symbols and names are fixed in the minds of customers who will choose a brand known for its reputation.
- Increase the value of the business. A registered TM is an asset that adds value to a company. In the case of selling a business or attracting investment, the presence of TM can be a significant factor for buyers or investors.
- Protect brand reputation. TM legal protection allows businesses to quickly respond to attempts to use the name or logo by third parties without permission.
Therefore, TM registration is an investment in the brand and its protection, which will ensure effective business development and protect against plagiarism.
How to register a trademark (own brand) in Ukraine?
The process of trademark registration in Ukraine includes several stages, each of which is important for successfully obtaining a certificate:
- Conducting a preliminary search. Before filing an application, it is recommended to perform a preliminary search to ensure that the mark does not conflict with already registered or previously filed marks. This reduces the risk of failure.
- Preparation of documents. You will need:
- TM registration application with basic information about the applicant.
- Trademark image, if a logo or other graphic image is registered.
- Description of the designation
- List of goods and services for which the trademark is registered.
- Application submission. The application can be submitted to the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI). It is also possible to apply online through the relevant electronic portal. Application data is published on the UKRNOIVI portal and any interested person or company can submit their objections to registration.
- Examination of the application. After submission, the application undergoes two main checks:
- Formal examination — verification of compliance of submitted documents with formal requirements.
- Qualification examination — analyzes the uniqueness of the designation and its similarity with already registered trademarks.
- Publication in the bulletin. After examination, the stamp is published in the UKRNOIVI bulletin.
- Obtaining a certificate. If the state duty and publication fees are paid, the applicant receives a TM registration certificate, which gives the right to prohibit copying by other people without the owner’s consent.
What are the types of trademarks?
A trademark can be of various types, depending on its form and content. The following types of TM can be registered in Ukraine:
- Verbal – consist of one or more words, numbers, abbreviations. For example, the name of a product or service.
- Pictorial — a designation that includes drawings, graphic images. It can be a company logo, icon, etc.
- Combined – a combination of text and image that creates a unique mark. Many well-known brands use combined TMs for maximum recall.
- Three-dimensional — a special form of packaging or goods that is unique and different in the market.
- Others – colors, shape of goods or their packaging, sounds, provided that such designations are distinctive
Thus, a logo that represents a brand can be registered as a figurative or combination trademark, providing the owner with an exclusive right to use it.
What is the number of trademark classes (TMC)?
ICTP (International Classification of Goods and Services) is a classification system that divides goods and services into classes. Each class covers a certain type of activity or group of goods. When filing an application, the applicant must indicate to which classes his activity belongs in order to determine the limits of trademark protection.
Registering a TM in more classes increases the cost of registration, but also extends protection. For example, if a company manufactures clothes and wants to protect its brand in this area, it should choose the appropriate ICTP class for clothing, but if it also sells bags, it needs to add another class.
How much does it cost to search for a trademark among registered ones?
Searching among registered trademarks is a prerequisite to avoid potential conflicts with already registered brands. The cost of such a search may depend on the number of classes and the depth of the research. Usually, the price for a basic search without producing a report starts from five hundred hryvnias and can increase depending on the features of the check, countries, classes or the method of providing the check result.
How long does it take to register a trademark?
Trademark registration in Ukraine usually lasts from 18 to 24 months on average. Such a long period is due to the stages of examination and procedural requirements, which include the period for filing objections after the publication of the trademark.
Does it matter who registers a trademark? Resident or non-resident of Ukraine?
The trademark registration procedure in Ukraine is available to both residents and non-residents of the country. There are some special features for foreign applicants, as they must register a TM through a patent attorney or other person who will represent their interests in UKRNOIV. In addition, the amount of state duty for non-residents is higher. This allows non-residents to protect their brand in Ukraine, but may additionally affect the costs associated with registration.
Does the number of TM applicants affect its registration cost?
The number of applicants directly affects the cost of trademark registration, as it increases by a factor the fees for filing a sign application. Also, when submitting an application from several people, it is recommended to determine the ownership rights and the procedure for using the trademark, as this can complicate the future management of brand rights.
How much does it cost to register a trademark (brand)?
The cost of trademark registration consists of several main components:
- Application fee. The cost of registration depends on the number of MKTP classes that the applicant chooses to protect. It is cheaper to register in one class, but if you want to protect your brand in different fields of activity (for example, manufacturing of clothes and cosmetics), you will have to pay extra for each class. Usually the price for one class is 4,000 hryvnias, an additional fee is paid for the color of the application or the presence of more than one applicant
- Services of a patent attorney for filing and supporting the application. If you choose to use the services of a professional patent attorney to prepare and file your documents, this will also increase the overall costs. Depending on the complexity of the work and the number of classes, the services of a lawyer can cost from UAH 5,000 or more. A professional will help avoid possible errors in documents and ensure effective interaction with UKRNOIVI.
- Preliminary trademark search. This service is not mandatory, but is very useful to reduce the risk of refusal of registration due to conflict with already existing marks. The cost of the search starts from several hundred hryvnias for one class and may increase depending on the complexity of the analysis.
- Fee at the stage of issuing the certificate. At this stage, a state duty is paid: for residents it is 85 hryvnias, for non-residents – 200 US dollars, and a fee for each class of the application is paid in the amount of 600 hryvnias/class.
- Additional costs – in case of receiving comments from an expert or objections from third parties, an additional cost will be the professional preparation of documents to overcome such objections. Their cost will vary from those comments that are outlined in the department’s document.
Thus, the total cost of trademark registration can vary significantly depending on the number of classes, colors and the choice of additional services. Usually, the full registration process with all associated costs can cost from 8,000 to 20,000 hryvnias or even more for large and complex brands that need comprehensive protection.
Our help
The law firm “Prikhodko and Partners” has many years of experience in the field of intellectual property and provides professional support at all stages of trademark registration. The company’s specialists are perfectly familiar with the peculiarities of Ukrainian legislation and the UKRNOIVI procedure, which allows to avoid errors and delays in the registration process.
By contacting “Prikhodko and Partners”, you receive an individual approach, legal analysis and support, which guarantees the effectiveness and maximum protection of your brand. A team of experts will also help to conduct a preliminary search, prepare the necessary documentation and, if necessary, protect your interests in case of disputed situations.
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