Trademark Registration

How to Register a Trademark?

Due to the rapid development of business in Ukraine and abroad, the demand for trademark (brand, logo) registration increases daily.

Today, owners of companies producing various goods or providing a certain range of services pay special attention to creating their own recognizable brand. Their marketing departments develop and create logos, slogans, and various advertising campaigns that make their company recognizable and unique. This is a complex task that requires both intellectual and financial investment. A well-developed brand is your individuality and uniqueness.

However, along with the positive aspects, negative ones also appear - companies emerge that produce or sell their products under your brand, using your slogans and logos.

How to Protect Your Brand (Trademark)?

It is necessary to obtain the legal right to use it.

Trademarks Can Be of the Following Types

• Word Mark. Most often, these are words, numbers, combinations of letters and numbers, or their mixtures. Slogans, mottos, company names, etc., can be considered word marks.
• Figurative (Image) Mark. Represents graphic elements on a single plane. Examples include labels, logos, etc.
• Three-Dimensional Mark. This type of trademark represents three-dimensional forms/images.
• Combined Mark. This is a combination of the listed types in various configurations.
• Besides standard types, there are also unusual trademarks: smells, unusual color combinations, etc.

When registering a trademark, there are also a number of restrictions: a range of words, terms, and commonly accepted symbols that are prohibited from being used when creating a trademark.

When creating your own trademark, pay special attention to the limitations and exceptions provided by Ukrainian legislation.

Trademark registration grants you the unique legal right to use your trademark, and no one except you has the right to manufacture goods under this trademark. In practice, there are cases where the owner of an unregistered brand has been producing goods or providing services under this "name" for years, and when they decide to register it officially, they face the fact that someone (often a competitor) has already filed an application to register this brand in their name. This is why you should register your trademark as soon as possible. In this case, you will have absolutely legal grounds for filing a lawsuit in court for the use of your trademark.

Take note! Obtaining a ".ua" domain is possible ONLY after trademark registration!

When registering a trademark, you should clearly define the classes of your trademark according to the Nice Classification (International Classification of Goods and Services).

Classification of Goods:

• Finished goods;
• Finished goods for multi-purpose use;
• Raw or partially processed materials;
• Finished articles and semi-finished products;
• Containers.

Classification of Services:

• Services by field of activity;
• Rental services;
• Services related to consultation, advice, and information.

Before submitting documents for trademark registration, be sure to carefully study the classification of goods and services and choose exactly those items that reflect your company's activities.

Important: each additional CLASS is paid for separately.

The Legal Department of "Department of Translations" in Odesa provides a full range of trademark registration services in Ukraine:

• Lawyer consultation;
• Collection of all necessary documents;
• Assistance with the classification of goods and services according to the Nice Classification;
• Preliminary "uniqueness" checks;
• Analysis of check results to determine the chances of successful registration;
• Constructive consultation regarding trademark refinement, if necessary;
• Turnkey trademark registration;
• Representing the client's interests in all state bodies (in this case, a power of attorney from the client is required);

Trademark registration is a serious and complex process. It consists of the following stages:

Preliminary trademark check. At this stage, the "uniqueness" of the trademark is studied, and it is checked whether an application has been filed or this trademark has been registered by another person. Whether there are registered trademarks similar to yours, etc. This stage is very important, as it allows for analyzing the chances of successful registration and, if necessary, refining the trademark as much as possible based on the obtained results.

Filing an application for registration with the Patent Office. If the first stage is successful, or you have refined your trademark, then at the application filing stage, the client must have a complete package of documents required for trademark registration, as well as have paid all fees and prepared all statements and receipts.

Obtaining the certificate. One of the most pleasant stages. After the commission reviews your trademark registration application, you are issued a certificate of trademark registration. It is this certificate that confirms your legal rights to use the trademark.

The certificate is issued for a term of 10 years and is valid on the territory of Ukraine. Further renewal of the registration is possible.

"Department of Translations" in Odesa provides services for trademark renewal, as well as consultation on licensing, transfer of rights, trademark taxation, etc.

Based on all of the above, it follows that the cost of trademark registration is calculated individually and requires a thorough study of all details.

In Ukraine, there is a specific procedure for trademark registration:

• Registration under the standard procedure. This type of registration takes about 18-20 months. Throughout this time, the applicant is in a "waiting mode" and cannot fully exercise their rights to the trademark.
• Accelerated trademark registration. Significantly different from the standard procedure. In this case, the registration period is 6-7 months. This is almost three times less compared to the standard procedure. Of course, the cost of accelerated registration is higher, but it is justified.

In this case, you receive the legal and unique right within an accelerated timeframe: to use your trademark, to sell the trademark, to obtain the .UA domain.

A trademark and its registration on the territory of Ukraine opens up exclusive opportunities and prospects for you in the field of production, sales, and/or service provision.

Having your own trademark builds consumer trust. A trademark makes your product recognizable, distinguishes it, and sets it apart from similar goods. And it generates interest and makes your product unique.

Important! Any trademark registered on the territory of Ukraine is protected only by the state of Ukraine.

Today, it is impossible to determine a single fixed cost for trademark registration in Ukraine. This is due to the fact that each case is unique in its own way. Types, classes, and other nuances require different documents, signatures, etc.

We are waiting for you at the "Department of Translations" office at 21 Katerynynska Street, where you can discuss all the details and specifics of registering your brand with our lawyers, as well as find out the cost of this procedure specifically in your case.

International Trademark Registration

If your business involves cooperation and export of goods beyond our country, you should consider international trademark registration. This type of trademark registration opens up the possibility for its owner to conduct activities on the territory of other countries on completely legal grounds.

International trademark registration can be carried out in two ways:

• Applying to the state office of the country where you plan to do business;
• Filing an application under the Madrid System for the International Registration of Marks;

If you need to register a trademark in one or several countries, you can choose the first path.

If your business implies operations in a large number of countries, then you are definitely better off filing an application for international trademark registration.

The Madrid System allows you to register your trademark in up to 97 countries simultaneously with a single application.

It is worth noting that filing an application for international registration is a process that requires maximum accuracy and correct completion of each document. The slightest error, incorrectly placed punctuation, etc., can lead to a refusal of registration.

To avoid undesirable consequences in the form of refusal, entrust the preparation of documents to professionals.

The specialists of the legal department of "Department of Translations" in Odesa have been engaged in trademark registration in Ukraine and abroad for over 10 years. Extensive experience in document preparation, adherence to all requirements and nuances, practically reduces the refusal rate for registration to zero.

Many of our clients cooperate with us on an ongoing basis.

"Department of Translations" in Odesa provides services for trademark renewal, as well as consultation on licensing, renewal, transfer of rights, trademark taxation, etc.

We are waiting for you in our office, where we can discuss all the details of registering a trademark, brand, or sign in Ukraine and abroad in a cozy atmosphere.

Entrust trademark registration to professionals!