Trademark (a mark for goods and services) is a designation by which the goods and services of one person differ from the goods and services of others.
The object of a trademark can be any designation or combination of designations. Such designations may include words, including proper names, letters, numbers, pictorial elements, colors and color combinations, and any combination of the above designations.
What is necessary for work:
1. Image of the trademark;
2. Data about the applicant/applicants;
3. List of goods and services (matched with your activities);
4. Signed power of attorney;
5. Payment for the state tax and provision of services to PE “PB “ADAMENKO AND PARTNERS”.
There is currently no accelerated TM registration procedure due to the state of war in Ukraine, so the duration of registration takes from 1 year.
Stages of trademark registration:
1. Checking the “purity” of the markings for certain types of activities.
In order to identify similar or identical trademarks, which may serve as an obstacle to the registration of your trademark, we suggest conducting an informational search.
2. Drawing up and submitting an application for trademark registration.
The registration and submission of the application is carried out on the day when all the necessary materials have been received, namely: the image of the trademark, data about the applicant and types of activities for approval of the list of goods and services, in accordance with the current version of the international classification of goods and services.
3. Formal examination of the trademark registration application.
The application undergoes a formal examination, during which compliance with all formal requirements is checked (in particular, the presence and correctness of the necessary documents). If the application meets all the necessary requirements, it goes to the stage of qualification examination.
4. Qualification examination of the application for trademark registration (substance examination).
When conducting a qualification examination, compliance of the declared designation with the conditions for granting legal protection is checked. Based on the results of the examination, UKRNOIVI makes a decision on trademark registration. If the designation does not meet the requirements of legal protection, the examination issues a preliminary refusal, which can be appealed by submitting a reasoned answer.
5. Registration and issuance of a trademark certificate.
After receiving a trademark certificate, the owner has the right to dispose of it at his discretion, namely: to prohibit its use by third parties, to issue licenses, to put a warning mark ®, which means that this trademark is registered and protected by law.
The term of validity of a trademark certificate is 10 years from the date of application. This term can be extended every 10 years, subject to payment of the state duty.