Trademark is a designation that serves for individualization of goods/services of legal entities or individual entrepreneurs. Exclusive right on a trademark (hereinafter referred to as TM) is recognized by law if there is a certificate. This title document is issued by a specialized body for a period of 10 years. Upon expiry of this time, the procedure of extending the certificate without re-registration should be initiated. The number of extensions is not limited, each time the trademark owner prolongs the certificate for 10 years.
A registered trademark provides an opportunity:
To use trademark legally without claims or penalties from regulatory authorities or third parties
To conduct and develop your business by following the law. It is the trademark gives the opportunity to legally dispose of intellectual property rights: grant franchising rights of use, licenses, transfer rights, implement common ventures, etc.
To register a domain name in the «ua» zone freely.
To prevent the importation of counterfeit goods into the territory by entering a registered trademark in the customs register
To contribute the intangible asset – trademark – to the company’s balance sheet.
To use warning labelling with ТМ: ® — the mark has been registered, (™) – the mark has been transferred for registration.
To protect rights – for the illegal use of TM the rights holder can bring claims against the violators. The rights holder has the possibility (in case of infringement of rights) to sue the infringer and to claim compensation for losses (or lost benefits).
The procedure of TM registration is carried out according to the following stages:
Type of TM to be registered
It is necessary to decide in what form (graphic, verbal, combined, etc.) and class the trademark will be registered.
Preliminary search procedure
The preliminary search is a procedure that makes it possible to identify the existence of similar trademarks/brands that are already registered. It becomes the basis for a complete refusal or registration of the trademark only partially. The preliminary search makes it possible to identify similar trademarks, make adjustments (if possible) in advance and minimize time, costs and risks.
Submission of application and payment of state duty
If a decision to register TM is made according to the results of the preliminary search, the procedure of applying for registration of the client’s trademark is performed with the help of our specialists. The state fee is paid (the amount depends on the type of trademark, class, number of applicants, etc.)
In the course of filling an application for registration, the trademark is under formal and qualification examination. The result of this examination may be either approval of TM registration or receiving of a provisional refusal of protection. Specialists in our agency accompany the client through all the stages and take appropriate actions for each of them.
Publication and issue of a certificate
Once the expertise has been carried out and an approval has been received, the final stage of registration is the issuance of a certificate. This is an official document certifying the ownership of the trademark.
The use of the trademark is possible only in the territory of the country where the registration procedure took place and certificate was issued. We always recommend clients to register TM in all countries where they plan to operate. The specialists of our agency conduct consultations on international trademark registration, carry out preliminary searches, conduct audits, provide all necessary recommendations, as well as provide services of trademark registration abroad.