Registration of a trade mark (trademark) in Ukraine begins with the registration and submission of an application to the authorized department – “Ukrainian Institute of Intellectual Property” (Ukrpatent). The application materials must contain, in particular, an image of the trademark and a list of goods and services for which it applies for registration.
In the process of registration, a trademark goes through several legal stages:
- registration of primary documents;
- establishment of the application submission date;
- formal examination;
- qualification examination;
- preparation for state registration and publication;
- issue of a certificate for a sign for goods and services.
For actions related to filing a trademark application and obtaining a certificate, it is necessary to pay fees and state duty established by law.
Currently, the term of trademark registration is about 18-22 months, and at the request of the applicant, it can be accelerated to 7-8 months (with an additional fee).
After passing the stage of setting the date of application submission, Ukrpatent issues a notice (the so-called “priority certificate”) in which the date of submission of the application for registration is fixed. From this date, the applicant has the right to indicate the symbol “TM” next to the image of the trademark as a warning that it is in the process of registration and for this period it is granted temporary legal protection.
In case of non-compliance of the application with the formal requirements (for example, incorrectly prepared application materials, unpaid or partially paid application fee) and provided that these inconsistencies have not been eliminated within the established period, Ukrpatent sends a notification that the application is considered withdrawn.
In case of non-compliance with the terms of protection of the trademark, Ukrpatent sends a notice of a possible refusal of registration and provides a deadline for preparing a motivated response together with evidence in favor of trademark registration. If a reasoned answer is not sent within the set deadline, Ukrpatent will make a final decision to refuse registration of the trademark.
If the trademark meets the conditions of protection, Ukrpatent makes a positive decision on the registration of the trademark. In this case, it is necessary to pay the established fees and customs duties for publication of information on trademark registration and obtaining a certificate.
Specialists of the Patent Law Firm “Lex Intels” will take all necessary actions regarding the registration of a trademark in Ukraine:
- competently, taking into account the maximum protection of your business, will determine the MKTP classes;
- conduct a preliminary search for similarity and identity of the trademark, as well as analyze the applied trademark for compliance with other conditions of protection;
- qualitatively prepare the materials of the trademark registration application and submit them for registration using the electronic service;
- provide legal support for the application in the process of its examination, including, at the request of the client, order accelerated trademark registration;
- calculate and pay the fees and duties required for trademark registration, obtain and provide you with a trademark registration certificate.