During trademark registration in Ukraine, the application goes through two examinations: formal and qualification.

During the qualification examination, applications for trademark registration are checked for compliance with the conditions for granting legal protection.

It is checked whether the declared designation is such that:
– has no distinguishing ability;
– is a commonly used symbol and term;
– indicates the type, quality, quantity, properties, composition, purpose, value of goods and/or services, as well as the place and time of their manufacture or sale;
– is misleading or is likely to mislead about the product, service or the person who produces the product or provides the service.
– are identical or similar to the extent that they can be confused with previously registered or applied for registration trademarks in Ukraine for similar goods and/or services;
– well-known trademarks in Ukraine.
– reproduce industrial samples; names of works of science, literature and art known in Ukraine or quotes and characters from them; works of art or their fragments without the consent of the copyright holders or their successors; surnames, first names, pseudonyms or their derivatives, portraits and facsimiles of famous people in Ukraine without their consent.

If it is established that the declared designation does not comply with the conditions for granting legal protection, then a preliminary opinion of the expert is sent with valid arguments, which may be the basis for refusing to register the trademark.

However, our team has a high level of experience in drafting motivated answers with arguments in favor of trademark registration in Ukraine. Two months are given to provide a motivated answer with evidence and arguments in favor of trademark registration.

In addition, the submission of an objection against registration by a third party can be a reason for refusal, if justified arguments are given in it. In this case, it is necessary to submit a response to UKRNOIVI, thereby confirming the seriousness of the intentions in registering a trademark, giving reasons that will be the reason to believe that the designation meets the conditions for granting legal protection, with which our team will help as soon as possible.