What’s true is that a trademark (or brand) is nothing but a mark helping to customize your products or services in the market. Just basically though, this mark helps to avoid confusion of your products and companies with similar ones.
What can be used as a trademark? First of all, content, images as well as sound, or combined elements.
In fact, a trademark is a kind of advertising used to brand recognition after all. That’s why it should be taken quite seriously to its development and promotion.
By registering your own trademark, you can protect your rights and interests if someone wants to take away your product. If necessary, you can transfer the ownership of the trademark to another owner.
It is crucial to remember that the promotion of unregistered trademarks is prohibited. At the same time, the registered trademark can be freely used both on the Internet and in franchising as well as you can register UA domains.
It is quite easy to register a trademark. First of all, your logo should be verified in Ukrpatent, a Ukrainian patent database, to be it unique. This is the first step to be ensured that your logo does not affect anyone’s rights. Then you need to collect a series of documents: a trademark copy in both electronic and printed ones, and finally to create a detailed list of goods (services) to which this trademark is going to be registered. Company name, its official legal address, a person’s full name, and place of residence are indicated in Ukrainian. A power of patent attorney is also required to represent the interests of the applicant in the relevant institutions.
A natural or legal person submits an application for trademark registration to the State Enterprise “Ukrainian Intellectual Property Institute”. You can submit only one application to register a trademark. The only exception is the applicator’s desire to get the right to a logo in various color options. In this case, two applications are required.
A fee is paid within 60 days from the date of completing the application which is not refunded, even if refused. A trademark is majorly evaluated twice during the registration – formal expertise (docs’ correct filling, all docs’ availability, compliance with the registration class, etc.) and qualified expertise (trademark unique). After having received a positive response, the applicant must pay the state fee to get a certificate within three months. At the end of the whole process, the applicant receives a certificate of the State Intellectual Property Service valid 10 years from the date of application.
By the way, you can register a trademark without a patent attorney. To do this, you will have to verify independently the registered trademarks from the Ukrainian patent database, to compose correctly an application in Ukrainian, and to complete carefully it in details for paying the state duty. On average, the cost of a trademark registering is about $ 300.
What have you to remember when registering a trademark?
If you are going to use the logo as well as the company or brand name separately, you should submit two separate applications for their registration.
You should use your trademark only for the purpose stated in your application. Otherwise, your competitor can easily take away a trademark.
If the trademark is registered to multiple owners, and subsequently they will decide to split their business and to dispute over the trademark, then the best option is to come to a consensus and to sell a trademark to one of the owners. Otherwise, all owners lose the rights to the trademark.
We stand ready to assist you in registering and promoting your trademark. We will design a colorful logo, slogan, create a website, and think through your brand book in a cleaver way.