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Is it necessary to register a trademark?

According to the legislation of Ukraine only a registered trademark gives its owner an exclusive right:

  • give permission to use your trademark to third parties;
  • prohibit the unauthorized use by third parties of the same or similar trademark;
  • get a domain name in the .UA zone (for a word or combined trademark).

Thus, the registration of a trademark will allow its owner to officially enter into a license agreement for the use of the trademark and receive remuneration (royalties) under the agreement or to apply to the court / law enforcement authorities in case of violation of trademark rights by third parties.

 

However, a registered trademark also has other advantages:

  • only in relation to a registered trademark can you put the ® sign, which means that this trademark has been granted legal protection by the state;
  • a registered trademark becomes a kind of guarantee of the quality of manufactured products and increases consumer confidence in it;
  • only a registered trademark can be the object of property valuation and the subject of an agreement on the transfer (purchase) of rights to it;
  • a registered trademark can be a contribution to the authorized capital of the company, its intangible asset, which is credited to its balance sheet (and accordingly increases the value of the company).