Its future largely depends on the name of TM. And the trademark registration is needed so that no one else can usage it, gain commercial benefit or ruin the owner’s reputation. No one wants to invest in logo advertising so that third parties have opportunities to make money on it. Having officially formalized the name of a product or service, you legally enter the international market.
Specialists of the patent law firm SION in Ukraine provide legal support for obtaining a trademark.
- We provide assistance in getting a legal logo in Ukraine and abroad without intermediaries.
- We know the legal intricacies of working with marks in many nations, we have made this many times in practice.
- We provide 100% legal protection of the client and his property.
- We minimize the risks of refusals in disputable situations.
We transfer your intellectual property to the category protected by law, we will assist you to register a brand. We work with those who are just starting their own business, and with the “sharks” of the market.
Term of legalization to a Mark
Ukrainian legislation does not establish the limitation frame during which Ukrpatent (the responsible body) reviews the mark’s application. In practice, it takes from 12-18 months, more often 20-22 months. An expedited recording process is possible.
In other nations, the timing is different:
- The fastest way to receive a logo registration is in the EU, UK and UAE (2-4 months).
- In the USA and Canada, bureaucratic procedures will take 9 months.
- In other CIS, you should count on at least 10 months before getting the result.
Before contacting the responsible authority, our employees prepare documentation and check the object for uniqueness within its category. This also takes some period, but it is make in the shortest possible time (about 5 working days). We do not position the firm’s TM filing services as “1 day application”. However, we work for the fastest, most realistic and expectedly positive result for the client.
Trade mark certificate
You need to legalize a logo in order to obtain a nomination of protection – a certificate. It brings a host of commercial and reputational benefits to its owner. This is an official document that is recognized by the court and other authorities.
A TM registration certificate certifies the exclusive opportunities for the owner, confirmed by a government agency. It allows you to:
- Prohibit the usage of IP by outsiders.
- Grant exclusive or non-exclusive permission for implementation in business and receive royalties.
- Legalize the appropriate domain.
- Build brand awareness and improve its reputation.
- Include an intellectual property right as an object in the authorized capital of a legal entity.
- Apply the legal logo as collateral when applying for a business loan (relevant for EU, Great Britain).
A formalized trade mark in Ukraine is the first step towards legalization at the international level. We assist you receive a mark as an individual or company, a group of companies. The choice of whom to file with depends on many factors. They should be discussed with the company’s patent attorney before starting the preparation of the application.
Trademark registration requirements
In Ukraine and abroad, there is the 11th edition of the International Classifier of Goods and Services (aka ICGS-11), which is annually supplemented and updated. That is, it is currently valid. It implies 45 classes, of which the first 34 are allocated for items and the last 11 for services. The mark that is subject to filing should not be similar to others in its class of goods and services. Sameness is the main reason for rejection.
Other mark rules that the recodered object must comply with:
- Be individual and original;
- have no other owners;
- do not mislead;
- not contain elements of government symbols and titles of international organizations;
- simple, easy to sound and pronounce, without persistent bad associations at home and abroad;
- correspond to the specifics of usage (be adequate).
Verbal, pictorial, combined, sound other designations may register a trademark.
The design logo can look different. Common types of designations:
- Verbal. It involves the formed business name, nomination in the form of a word or numerical-letter designation. The possibility of symbols belonging to different alphabets, as well as numbers are Roman or Arabic. Ideal for protecting your domain.
- Pictorial (picture, drawing, symbol, graphic trademark). It is allowed to do it in color or black and white.
- Other options. The recorded symbols are possible three-dimensional, three-dimensional, multimedia, holographic, sound, etc.
- Combined. It is allowed to combine words, images, and other designations in the official logo of the items.
You cannot use common words on your own and mislead with epithets (“best”, “most delicious”). It is not allowed to make the symbolism similar to registered brands, so as not to be accused of plagiarism.
Our patent attorneys conduct a market research, comparing the alleged sign with similar ones. And they do everything so that the company brand and logo are not associated with existing products, and do not become a reason for litigation in the future.
Trademark registration procedure
For our employees, this task is a common, well-developed and many times passed business. It is executed according to a specific algorithm. Thanks to the experience and practice, each SION’s lawyers successfully goes through all the stages of sign filing.
To registry logo as a trademark, we:
- We are doing research. We study the databases of formed logos, business for a specific country of registration of the future TM. This identifies similarities, determines the risks of failure, and avoids them at the initial stage.
- We prepare the documentation, apply for a mark to Ukrpatent or a responsible body in another country.
- Mark legalization fee is payable.
- A document “On establishing the date of filing the application” is issued, it is also the priority of the application, from that day the TM rights operate.
- The examination of documentation is being carried out. It is done by Ukrpatent or a similar foreign body.
- In case of refusal, we send arguments with objections.
- After a positive answer, we pay duties (if required by the process).
The client is issued a mark certificate.
Cost of trademark
The total price of formalizing a trade mark implies two components: payment for our work and official collections. Firm’s specialists conduct a similarity search, forming documentation, and file a TM application. And then – they accompany the application until the receipt of the nomination of protection. We calculate the value of this component at the period of contact; after the calculation, it no longer changes the registration process.
An obligatory and integral part of the logo legalization expense is the payment of collection for the receive of a trade mark. For example, in Ukraine there are the following state fee:
- search for identities in the 1st C. of ICGS – from 33 USD. (+7 USD for +1 C.);
- filing an application – 125 USD;
- Issuance of a certificate – duty – 100 USD;
- collection for the publication of information – 23 USD each. for grade 1;
- additional paid for publication in color – 8 USD each. for grade 1.
Duty rates differ in other nations. The final price depends on the complexity of the documentation, country of mark application, number of classes, number of applicants, deadlines. Submitting an application to Ukrpatent in electronic form is cheaper than in paper form.
Renewal of trademark registration
If you record the business name, title, etc., you have exclusive possibilities to use it for 10 years. The term is relevant for Ukraine and other states. Further, the validity of the protection certificate is allowed to be extended. To do this, you need to submit a new application 6 months before the expiration of the existing one.
It is possible to submit an application for renewal to the specialized department an unlimited number of times. Of course, you have to pay duties again. The renewal of the right to a trademark has been carried out every 10 years. SION’s specialists undertake the task of re-issuing, regardless of where and by whom the applicant’s documents were originally drawn up.
Registration of Appellations of Origin and Geographical Indications
It is prestigious to geographical indication of the items:
- In the understanding of consumers, this or that thing will forever be associated with a locality or region;
- No one else is able to use the same nomination for a similar object.
Vivid examples are the “EVIAN” (spring water), “AIR FRANCE” (transport area) others.
Registration of geographical location is possible in Ukraine and abroad. The title of the area will be actual or historical, official or colloquial. The uniqueness of the appellation of origin is determined by a combination of natural, climatic factors of a particular area and human contribution to the creation of the final product.
We support you having executed geographic name in our country and another country of your choice. We do everything so that Ukrainian products are recognized and the experience of our manufacturers is appreciated in the world.
Expedited TM Legalization
Sometimes it is inappropriate to wait two years for a government agency to legalize intellectual property. The acceleration process is registering trademark possible. Yes, you have to pay a large amount of fees. But when it comes to entering the international market or other circumstances, the expense may not be commensurate with the profits.
Our specialists will assist in the expedited receipt of a sign of protection. In Ukrainian realities, the bureaucracy in Ukrpatent is last 24-32 months. It is too long. Alternatively, you have opportunities to execute a logo in Britain, and then, using the Madrid Agreement and Protocol, expand the scope of the title of protection to Ukraine and / or other participating nations. In this case, the whole procedure takes about 4 months.
Our experts take care of your troubles:
- Will select the most suitable class of ICGS;
- Make sure that the filing as a TM, logo is unique;
- Prepare a package of documents;
- Passing bureaucratic procedures and full support in Ukraine, as well as without intermediaries in the EU, CIS, UK, Canada, Qatar, UAE, China.
The correct way to receive a trademark is protection from its illegal use by competitors. SION Patent Office supports legalizing your intellectual property. The experience of our attorneys is always on the guard of client interests! To calculate the price of formalizing your trademark, please fill out the Brief and email us: email@example.com