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Intellectual property Trademark check for novelty (plagiarism)

Zal Dmytro Oleksandrovych

Attorney

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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.

Trademark check for novelty (plagiarism)

In today’s competitive business environment, a brand is not just a name or a logo. It is a reputation, recognition and trust of customers. Every company invests time, money and effort in its trademark to make it unique and attractive.

However, there is one critical stage that is often ignored at the beginning of the journey – checking the trademark for novelty. Ignoring this step can cost a business not only a loss of money, but also a complete ban on using the created brand.

Legal advice on trademark verification

What is a trademark check for novelty?

A TM check for novelty is a legal procedure for determining whether there are already registered or filed objects similar to your designation.

In simple words, a trademark check for novelty is an analysis of whether your future trademark is “plagiarism” or too similar to someone else’s. After all, even if you did not copy knowingly, this does not exempt you from liability and does not give you the right to use a designation that infringes the rights of other persons.

Trademark check for novelty (plagiarism)

What are the risks of ignoring the trademark verification for novelty?

Our practice at Prikhodko & Partners shows that the lack of professional verification often leads to such negative consequences as:

refusal to register a trademark;
litigation and claims for damages;
forced rebranding after advertising investments;
confusion among customers due to similar brands.

What does the legislation and real practice say?

In Ukraine, TM registration is regulated by the Law “On the Protection of Rights to Marks for Goods and Services”.

Before submitting an application to Ukrpatent, it is necessary to analyze the database of registered and submitted designations for registration.

Checking a trademark before filing will help to identify:

complete coincidences;
similarity with brand or well-known names;
logos that may be considered similar to the point of confusion.

In the practice of our law firm, there are often cases when entrepreneurs spend significant amounts of money on a brand book, marketing, and advertising, and later receive claims from owners of previously registered trademarks.

As a result, this leads to:

litigation and additional legal costs;
forced rebranding after already invested funds in brand development;
loss of customer trust and reduced market recognition.

Checking a TM for novelty has several key stages:

Search in national databases – analysis of all applications and registered TMs in Ukraine.
International search – if you plan to enter foreign markets, you must check the WIPO and EU databases.

In addition, it is important to take into account designations that are not subject to registration by law, for example, commonly used terms or symbols that are misleading.

Our team conducts both basic and advanced trademark checks, which include an analysis of visual, phonetic and semantic similarity. This minimizes the risk of refusal of registration and avoids claims from competitors in the future. We work not only with Ukrainian, but also with international databases, so that your brand is protected in any country where you plan to work.

It is important to remember: even if it seems to you that your logo or name is absolutely unique, this does not automatically guarantee successful registration. The intellectual property rights protection system takes into account not only “one-to-one” similarities, but also those that are close in sound or appearance.

The law firm “Prikhodko & Partners” has many years of experience in supporting trademark registration, including in complex cases when the designations have already had conflicts with other owners. We have developed an effective verification algorithm that allows our clients to avoid risks and save time and money.

It will also be useful: Trademark registration in Ukraine – price, procedure and terms

Checking a trademark for novelty is not a formality, but a mandatory step in your business protection strategy. A timely analysis will help preserve your investment and provide confidence in the legality of brand use.

Calculate the cost of a lawyer’s services for checking a TM

How much does it cost to check a trademark for novelty?

The cost of checking a trademark for novelty depends on the scope of work and the depth of the analysis. We offer several options:

Basic check in Ukraine – includes a search in the Ukrpatent databases among registered and filed for registration designations. Suitable for those who plan to operate exclusively in the domestic market.
Extended check with international search – we additionally analyze the WIPO, EU and other jurisdictions where you plan to enter. Recommended for brands that are focused on export or international presence.
Comprehensive check with risk analysis – includes a search in all available databases, checking visual, phonetic and semantic similarity, as well as preparing a report with recommendations and a registration strategy.

The cost depends on the depth of the search and the number of markets that need to be covered.

A basic check in Ukraine is cheaper, but if you plan to go international, it is advisable to invest in an advanced search.

The law firm “Prikhodko & Partners” is ready to become your reliable partner. We do not just look for matches – we calculate the risks, give practical recommendations and support the registration from the first idea to obtaining a certificate.

If you are planning to create your own brand or enter a new market, do not postpone the check for later. Contact us today, and we will make sure that your trademark is unique, protected and safe to use.

Brand protection does not start with advertising – it starts with the right legal steps. Calculate the price of checking your TM for uniqueness and trademark registration.

Calculate the cost of services

1 question

Do you need to check a trademark for novelty?

Yes

2 question

Do you need the service urgently?

Yes

3 question

Are you located in Kyiv or Kyiv region?

Yes

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Trademark check for novelty (plagiarism)

What is a trademark check for novelty?

What are the risks of ignoring the trademark verification for novelty?

What does the legislation and real practice say?

How much does it cost to check a trademark for novelty?

You may also need:

Andrey Prikhodko