Acquisition and protection of trademark rights in Ukraine and other countries

PRE-SEARCH – checking the designation for identity or similarity with trademarks already registered or filed for registration in Ukraine or under the International procedure in the United States, Europe, Asia or any other country in the world.

  • at the stage of naming (choosing a name for your brand) to limit the list of potential names;
  • at the stage preceding the domain registration to determine the range of competition and coexistence of existing trademarks;
  • at the stage of entering international markets, to identify jurisdictions where a potential trademark conflict may arise, which may cause significant financial risks for your company.
  • make sure that your marketing efforts are directed in a favorable direction and that the possibility of confusing the mark you have developed with similar marks that are being prepared for market entry is minimized;
  • make sure that your financial expenses (fees, royalties, trademark promotion costs) are investments in your brand, and not wasted costs, which will become so if you are refused registration on the basis of the existence of a previously registered/filed trademark;
  • minimize the risks of your infringement of rights to a trademark owned by third parties. This may lead to further claims for damages for infringement of intellectual property rights by the owners.
  • trademarks registered in Ukraine under the national procedure;

  • trademark applications filed for registration in Ukraine under the national procedure;

  • Extension of international registrations with the indication "Ukraine" to the territory of Ukraine;

  • Internet resources to study the domestic market.

     

MONITORING OF "UNFAIR" APPLICATIONS FOR TRADEMARK REGISTRATION

In Ukraine, unlike in many other countries, the rightful owner of a trademark or any interested party may object to attempts to "unfairly" register a trademark identical to its own or its imitation no later than 5 days before a decision on the issuance of a trademark certificate is made. After such a decision, the certificate can only be appealed in court. To find out if there are any "unfair" applications for registration and to file timely objections to such registration, it is necessary to conduct periodic searches in the database of the state organization "Ukrainian National Office of Intellectual Property and Innovations" (UKRNIPI).