Patent Attorney of Ukraine Oleksandr Kolosov

Trademark & Service Mark
registration

Patent Attorney of Ukraine Oleksandr Kolosov provides trade mark registration services in Ukraine, Russia and Belarus.

In the modern world brands have become a key factor in both domestic and international trade and market economy. A huge amount of goods/services of the same category, which are offered to consumers by competing producers and traders on the market, often do not have any expressive differences.

These products/services usually differ in price, quality and a number of other characteristics. Therefore, it is evident that consumers need to have a reliable benchmark to consider alternatives and make informed choices among competing goods/services on the market. So, for the purpose of identifying the manufacturer of the goods (service provider) exist such IPOs as trademarks.

Trademark (service mark, signs for goods and services) (hereinafter referred to as TM) is distinctive sign protected by exclusive right, which provides goods and / or services with distinctive features with respect to similar goods and / or services of other manufacturer.

TM may consist of words, numbers, symbols, figurative elements (pictures), colors or combinations of colors in different combinations etc.

Sound, light and other special designations may be subject to TM if they are presented graphically and can be perceived visually or can be shown or described in the form of written explanations, chart, or by other visual aids.

And as olfactory TM fragrances of perfume products are usually registered. For example, as audio TM music jingles and radio backgrounds are usually registered. As another classical example of the sound TM the registration of sound of working motor bike "Harley-Davidson" can be named.

TM registration is required for obtaining state-guaranteed privileges for its use, including owners right to prohibit a third party use of such designation.

TM needs to be registered in order to get the right on the registration of the domain *. UA.

According to the domestic law, cannot be registered as a TM the following symbols that depict or simulate: national emblems, flags and other national symbols, the official names of states, names of international organizations, warranty or hallmarks, seals, awards.

Such signs may be included to the TM as unprotected elements if there is consent of the competent body or their owners.

Also cannot get state protection: designations that do not have a distinctive character per se and have not received as a result of their use; descriptive designations; deceptive or misleading designations; designations which consist only of the symbols that are commonly used as designations of goods and services of a certain kind; designations which consist only of signs that are descriptive when used in relation to the application of these goods and services or in relation to, inter alia, indicate the kind, quality, composition, quantity, properties, purpose, value of goods and services, place and time of manufacture or sale of goods or provision of services; designations similar to tm registered or applied for registration in ukraine earlier in the name of another person for the same goods and / or services, or related to them goods and / or services.

Either natural or legal person might be a subject of property rights for TM, besides TM may simultaneously belong to several legal persons and/or individuals.

Before filing an application for registration of TM is strongly recommended to carry out preliminary checks (the information search) signs which will be registered as a TM for identity and similarity with the already registered TM. Such a search is conducted on the basis of data reported in Ukraine TM, as well as to apply for registration of TM, usually within 8-10 working days.

According to the results of the search, the final decision on whether the application in the original version or the necessary graphics and/or verbal correction on the registration of the claimed indications and the list of goods and/or services.

The title of protection - the Certificate of TM state registration (hereinafter - Certificate) - specifies list of protected goods and/or services. There are 45 classes of goods and services defined by International Classification of Goods and Services (hereinafter - ICGS).

Ukraine has examination system for TM registration. This means that examination authority (SE UIIP) checks filed designation against criterions of novelty and similarity to earlier filed and registered TMs. This procedure allows prevent registration of designations which may mislead customer about goods or services and/or about producer who manufactures goods or provides services.

To identify registered designations one may use symbols R or ®, and to identify TM on registration stage - symbol ™.

The territory covered by protection of registered designations is always specified in Certificate. It may include one or more states.

TM Certificate in most countries is valid during 10 years and its usually possible to extend its validity undefined times (subject to payment of correspondent official fees for supporting).

While conducting a qualification expertise of TM, in particular, a check of the proposed designation on the identity and similarity is made. In this case the designation is considered to be similar to another designation if it coincides with it on all the elements.

Designation is considered to be so similar that it can be confused with other designation in case it is associated with the compared designation as a whole, despite some differences of constituent elements.

Certificate Owner may at any time withdraw it in a whole or in part on the basis of the application submitted to the expert institution. Specified renunciation takes effect from the date of its publication in the Establishments Official Bulletin.

The Certificate will also be terminated in the event of non-payment of the fee for its renewal

Remember: its better to invest your money in your TM protection today, before you introduce your goods and/or services to civil turnover, than to spend several times more tomorrow while trying to resist unfair competition and patent raiders.

(based on the materials of the State Department of Intellectual Property of Ukraine)

Why you may need this service?

  • Easy protection of business from unfair competition
  • The possibility of successful development of modern forms of doing business through the transfer of IP rights on TM (franchising, transfer of licenses, etc.)
  • Effective advertising and identification of the manufacturer of the goods (service provider)
  • Cost savings due to advertising of a group of products/services instead of every product/service separately
  • Domain name registration *.UA
  • Registration of TM in the balance sheet as an intangible asset (IA)
  • IA inclusion in Statutory
  • Ability to optimize corporate tax
  • Using of IA as collaterall
  • Effective protection from counterfeit import at customs by introducing the in the Customs Register

Contact us! Our contacts

Procedure Attorney Fees Off. Fees
Document preparation and filing
for filing of an application (1 class of ICGS) The price is negotiable, contact us 1000 UAH
for every additional class of ICGS The price is negotiable, contact us 1000 UAH
extra for a colour representation of a trademark The price is negotiable, contact us 500 UAH
Examination of a mark application
Application examination - -
Accelerated examination of a mark application
Word or device designation per 1 class (3 months) The price is negotiable, contact us 4018,20 UAH
Word or device designation per every class beyond one (3 months) - 466,20 UAH
Combined designation per 1 class (3 months) The price is negotiable, contact us 7237 UAH
Combined designation per every class beyond one (3 months) - 732,60 UAH
Word or device designation per 1 class (starting from the 6th month) The price is negotiable, contact us 2172 UAH
Word or device designation per every class beyond one (starting from the 6th month) - 252 UAH
Combined designation per 1 class (starting from the 6th month) The price is negotiable, contact us 3912 UAH
Combined designation per every class beyond one (starting from the 6th month) - 396 UAH
Publication of information about Certificate issue and issue of registration certificate
Publication of information about issuance of a certificate for a mark for goods and services for 1 class of ICGS The price is negotiable, contact us 150 UAH
Extra for publication of a colour representation of a mark The price is negotiable, contact us 100 UAH
Certificate issue The price is negotiable, contact us 85 UAH/200 USD
Extension of Certificates validity time
1 class of ICGS The price is negotiable, contact us 3000 UAH
for every additional class of ICGS The price is negotiable, contact us 300 UAH

Contact us! Our contacts

Procedure Attorney Fees Off. Fees
Official Trademark clearance search
Word or Devise designation for 1 class (5 workdays) The price is negotiable, contact us 1440 UAH
-each additional class (5 workdays) The price is negotiable, contact us 288 UAH
Combined designation for 1 class (5 workdays) The price is negotiable, contact us 2880 UAH
-each additional class (5 workdays) The price is negotiable, contact us 576 UAH
Word or Devise designation for 1 class (10 workdays) The price is negotiable, contact us 720 UAH
-each additional class (10 workdays) The price is negotiable, contact us 144 UAH
Combined designation for 1 class (10 workdays) The price is negotiable, contact us 1440 UAH
-each additional class (10 workdays) The price is negotiable, contact us 288 UAH
Unofficial Trademark clearance search
1 class of ICGS (1-2 workdays) The price is negotiable, contact us -
-each additional class (1-2 workdays) The price is negotiable, contact us -
Applicants name (Company name) index search (1-2 workdays) The price is negotiable, contact us -
1 class of ICGS (5 days) The price is negotiable, contact us -
-each additional class (5 days) The price is negotiable, contact us -
Applicants name (Company name) index search (5 days) The price is negotiable, contact us -
Application status check The price is negotiable, contact us -
Agreement registration
Transfer of rights for a trademark The price is negotiable, contact us 600 UAH
License agreement The price is negotiable, contact us 400 UAH
Filing objection against:
- 3rd party's TM application in Ukraine The price is negotiable, contact us 1000 UAH
- provisional refusal in international TM registration The price is negotiable, contact us -
Other additional services:
Claiming conventional priority The price is negotiable, contact us -
Filing amendments (corrections) to the TM application materials (Certificate) The price is negotiable, contact us 800 UAH
Domain names registration assistance The price is negotiable, contact us -
Filing registered TM to the Customs Register for the counterfeit import protection The price is negotiable, contact us -
Filing appeal to the Appeal Chamber The price is negotiable, contact us 1700 UAH
Translation of documents required for TM registration (per 100 words) The price is negotiable, contact us -

Contact us! Our contacts

SERVICES
The necessary background information
  • Appllicant(s) full name and address
  • The mark (preferably as a file)
  • List of goods and/or services, classes according to ICGS
  • Search report (optional)
  • Priority document (optional)
  • Power of Patent Attorney
  • Payment of Patent Attorney honorarium and official fees
Procedural terms of formalization and registration
  • 2 days
    Drafting and filing of documents
  • 1-2 months
    Formal examination of a mark application
  • 3,5 or 6 months
    Accelerated qualified examination
  • 12-18 months
    Qualified examination of a mark application
  • 1-1,5 months
    Publication of a trademark application and issue of registration certificate
  • 1,5-2 months
    Renewal of Certificate
Final result
  • TM Certificate
  • Extract from the State Register
Potential risks
  • Availability of already registered TM for the ones that are applied for registration (with a probability of more than 90%)
  • Ability to cancel a Certificate after non-use for 3 years for a specified therein list of goods/services
  • The complexity of the procedure of appealing against decisions of the expertise on a preliminary examination of the refusal to issue a Certificate
  • The high cost of registration and existing the possibility of refusing to issue a Certificate
Samples of Certificates on TM of Ukraine, Russia and Belarus

Certificates on TM of Ukraine Certificates on TM of Russia
Certificates on TM of Belarus