In order for a trademark to be registered, it must meet the requirements established by the Law of Ukraine “On Protection of Rights to Marks for Goods and Services”.
The main conditions for granting legal protection to a trademark:
- compliance with the requirements of public order, principles of humanity and morality;
- presence of a trademark of distinctiveness (a trademark must perform a distinctive function, i.e. individualize in the minds of consumers the product or service for which it is used);
- absence of deception (the trademark should not mislead the consumer regarding the true manufacturer of the product or the place of production of the product).
A trademark cannot be registered:
- which is the simple name or simple description of the goods or services for which it is applied for registration;
- identical or similar to a previously registered or previously applied trademark in the name of another person to such an extent that it can be confused with such a trademark;
- identical or similar to the brand name of a well-known company in Ukraine to such an extent that it can be confused with such a name;
- which reproduces the names of famous works of literature, science, art or surnames, pseudonyms, portraits of famous people in Ukraine without their consent.
Failure to comply with the specified requirements may be grounds for the patent office to refuse registration, so we strongly recommend contacting our specialists for a preliminary search and analysis of the trademark for compliance with the terms of protection.