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1. What is a trademark, sign, logo, brand
Trademark - any designation or combination of designations that are used to individualize goods (services) and make it possible to distinguish the goods or services of one person from the goods or services of other persons.
Mark for goods and services, trademark, trade mark, service mark, trademark, trade mark, company mark, company mark, trademark are synonymous terms denoting a trade mark and found in legislation of Ukraine and other countries.
Logo is a concept from the field of design, which is a graphic sign, emblem, symbol made in the form of an original graphic designation or letter (font) drawing. If a logo is used to personalize goods and/or services, such a logo can be registered as a trademark.
Brand is a concept from the field of marketing, which includes a set of ideas, associations, emotions, value characteristics associated with a trademark (sign), product or service in the mind of the consumer. In everyday life, a trademark (sign) is often called a brand, we are asked to register a brand. In fact, we can register a trademark, form the necessary amount of protection, and then you use this trademark to build a brand, gaining the trust of consumers.
The opposite situation is also possible with regard to the brand: you have created a recognizable brand (you have a name, a logo, slogans, a product, fans), and only later you guess or are told that this brand needs to be protected by registering one or more trademarks . This situation happens often, but in this case, brand owners, having invested significant funds in the "promotion" of the brand, risk losing their brand or significantly narrowing their development opportunities if a competitor previously applies for registration of the same or similar trademark.
2. Types and examples of trademarks
The following types of trademarks are most often registered:
Word trademarks:
Word trademarks consist of existing or invented words or combinations of letters, numbers (for example, company names, designations that serve to individualize goods or services, slogans used for advertising purposes, mottos);
Image and three-dimensional trademarks:
Image trademarks consist of graphic compositions of any form on a plane (for example, logos, emblems, labels).
3D trademarks consist of three-dimensional figures or their compositions (for example, the shape of a bottle, packaging, signs).
Combined trademarks:
Combination trademarks consist of a combination of word marks, flat graphic compositions and/or three-dimensional shapes.
The following types of trademarks are registered less often:
- Colors and color combinations;
- Light trademarks;
- Sound trademarks;
- Odors;
- Your option is, for example, dance)))
3. Why register a trademark?
1. Obtain a monopoly on the market — that is, obtain the exclusive right to use a trademark (produce products with such a designation, provide services), eliminate competitors by obtaining the exclusive right to use the TM in a certain territory, the right to prevent improper use of the TM, prohibit the use of the TM, allow the use of the TM (sell the license).
2. The ability to avoid problems in case of registration of such a trademark by another person — if another person registers such a trademark in Ukraine or another country where you sell or intend to sell goods or services, he may demand that you stop using the relevant designation, in including through the court. There is a possibility that you will be able to defend your right to use the designation on the basis of prior use, but you will be significantly limited in your rights and will incur the costs of paying for the services of lawyers and patent attorneys.
3. To increase the capitalization of the enterprise — to increase the value of the enterprise by evaluating and placing the trademark on the balance sheet, entering it into the statutory fund.
4. The possibility of receiving compensation from the owner of the trademark, who can be, for example, the owner or manager of the company — the possibility of paying money to the manager/founder (as the owner of the TM) in the form of royalties (with the calculation of personal income tax without VAT) for the use of the TM; remittance of royalties abroad (tax on repatriation of income does not arise if the object of intellectual property is registered to a foreign entity from the very beginning).
5. Reputational benefits, popularity, satisfaction of intangible needs — a trademark can be used to increase reputation, recognition, advertising, increase goodwill.
6. The possibility of optimizing taxation, achieving other financial goals — using a trademark as collateral when obtaining loans, using license agreements as a basis for payment in favor company-owner of the trademark (licensor).
7. The possibility of involving international procedures for registration in other countries — using the Ukrainian trademark application as a basis for trademark registration in other countries with priority according to the date of submission of the Ukrainian application (an international application is submitted within 6 months, without a Ukrainian application it is possible to apply abroad under the Madrid Procedure).
8. The possibility of using a designation in a foreign language - according to the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as a State Language", the mandatory use of the Ukrainian language in business turnover, advertising, customer service and many other areas is foreseen. But at the same time, it is provided that registered trademarks are used in the form in which they are registered (that is, if the trademark is registered in English, Russian or any other foreign language - you can use it in the registered form).
4. How a trademark is protected
Trademark certificate is a form of the prescribed form issued by the National Intellectual Property Authority (formerly Ukrpatent).
This is a security document that certifies the existence of intellectual property rights to the designation, which is used for the individualization of goods (services) in the amount determined by the data entered in the state register.
The extent of rights of the trademark owner (extent of legal protection of the trademark) is determined by:
- TM image; and
- a list of goods and/or services entered in the state register for which it is registered.
The owner of a trademark receives a monopoly right to use his trademark to designate certain goods and services, the list of which is determined upon registration and specified in the certificate.
The owner of a trademark may allow or prohibit others from using identical and confusingly similar trademarks for the same or similar goods and services.
The owner of a trademark receives a monopoly right to use his trademark to designate certain goods and services, the list of which is determined upon registration. The scope of this monopoly right (scope of legal trademark protection) is determined by:
This means that the trademark owner can prohibit others from using identical and confusingly similar trademarks for the same or similar goods and services.
Territorial limits of legal trademark protection
Trademark rights are protected only in the country where the trademark certificate was issued. That is, you need to register a trademark in the country (countries) where you want to get protection.
Details about TM registration in Ukraine
More details about TM registration in other countries
Duration of legal trademark protection
The ownership of the trademark is certified by a certificate. The certificate is valid for 10 years. It can be renewed every 10 years.
5. Cost of trademark registration in Ukraine
Trademark registration is a multi-stage process of building up the scope of trademark protection based on customer needs.
We highlight 3 main steps in the TM registration procedure:
- Step 1 — Preliminary TM search (check);
- Step 2 — Preparation, submission and support of the TM registration application;
- Step 3 — Publication and issuance of a TM certificate.
We outline 3 core steps for registering a trademark in Ukraine. Some steps are optional (such as TM searches), however we recommend paying due attention to each step so that the registration process will be smooth, predictable, controllable, and even enjoyable.
Within each of the stages, we provide a certain amount of services that meets your needs and budget; at most stages, the payment of state fees and customs duties is expected.
The final cost of trademark registration depends on the list of our services you order and the scope of trademark protection (number of classes).
Step 1. Trademark Availability Search (Optional)
Option 1. ‘Express’ Trademark Searches — Ukraine — up to 2 working days
| Description | Fees, EUR | |
| 30601 | ATTORNEY'S FEE for searching identical and very similar trademarks and pending applications using Ukrpatent Special Information System — up to 5 search querries, up to 5 classes | 75.00 |
Option 2. Comprehensive Trademark Searches — Ukraine — up to 5 working days
| Description | Fees, EUR | |
| 30301 | ATTORNEY'S FEE for comprehensive search of trademarks — word or design mark — up to 10 classes | 150.00 |
| 30701 | ATTORNEY'S FEE for opinion on trademark availability for registration | 200.00 |
** "Standard" search — an in-depth search for identical and similar trademarks with the purpose of:
- full-fledged detection of risks that may interfere with the registration of TM or the sound of the scope of protection;
- in the case of identifying risks — adjusting the TM registration strategy and the scope of legal protection: changing the type of TM (verbal, pictorial, combined), specifying or not specifying colors, adding or removing elements — for further successful registration;
- minimizing the risk of opposing another TM at the examination stage and, accordingly, avoiding additional costs associated with defending registration;
- ensuring the possibility of a predictable and controlled registration process in the presence of reasoned decisions about the type of sign and the amount of information obtained during the preliminary search and strategic planning.
Step 2. Drafting and Filing a Trademark Application
| Description | Fees, EUR | |
| 31601 | ATTORNEY'S FEE for using standard descriptions of goods and services for a trademark application — per each class of goods or services | 75.00 |
| 31603 | ATTORNEY’S FEE for drafting and filing a trademark application — coef. 1 | 200.00 |
| 31604 | Trademark prosecution (tracking deadlines, receiving documents, reporting an office action) | 75.00 |
| 31701 | Trademark application filing fee (1 applicant) (OFFICIAL FEE) [40100] - 1 class of goods or services | 80.00 |
The payment term is a prepayment, it can be divided into 2 payments.
Delivery time by the Agency is 1-2 working days
If the Ukrpatent examiner finds a conflicting mark (an already registered or a prior-filed pending application owned by another party, being a ground for refusal because of “likelihood of confusion”), there could be additional costs on preparing and filing a response to such a refusal (Office Action) (from EUR 160 per one ground). The likelihood of a preliminary refusal significantly reduces if a trademark search had been conducted and the decision on type and strategy of trademark registration was based on the search results.
Step 3. Trademark Publication and Grant
| Description | Fees, EUR | |
| 33501 | ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the certificate to the Customer - for residents of Ukraine | 135.00 |
| 33502 | Publication fee (OFFICIAL FEE) [41700] - 1 class of goods or services | 16.00 |
| 33504 | Trademark grant fee (OFFICIAL FEE) - for residents of Ukraine | 100.00 |
Trademark Consultations
We provide consultations on matters related to the protection of trademarks in Ukraine and worldwide, as well as written materials explaining the stages and cost of registration.
Free of charge:
- The first 15 minutes of an oral consultation on trademarks;
- Standard written materials on stages and costs of trademark registration in Ukraine.
In most cases, free consultations and basic written materials are enough to decide and start working with us.