patent and trademark ukraine

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What is a trademark in Ukraine

You have decided to register a trademark in Ukraine..  And now it will be useful to understand the theory of, what is a trademark in Ukraine?

According to the Civil code of Ukraine, a trademark (TM) is any designation or any combination of designations suitable for distinguishing goods (services) produced (provided) by one person from goods (services) produced (provided) by other persons. These symbols can be, in particular, words, letters, numbers, visual elements, color combinations, and any combination of the above elements.. 

MOST OFTEN THEY REGISTER:

Words and symbols


trademark of the word

Business name

trademark of the word

Sign for the goods

Sign for services

Symbol

òì ñèìâîë

The motto

open happiness trademark

Label

Label Trademark

Packaging

Container

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Musical sign

Types of trademarks in Ukraine

Verbal symbol

Visual symbol

Îá'ºìí³ òà òðèâèì³ðí³ òîðãîâ³ ìàðêè

Volume trademarks

Combination of color

Combinations of symbols


Short course on the concept of what is a TRADEMARK in Ukraine??

  • Q: What is a trademark??
  • Answer: These are all the designations that can be registered in Ukraine according to the law. This is something that can legally be a trademark in Ukraine. And plus-after registration can be published in the official paper publication (magazine) "Industrial property" of the Patent office of Ukraine. And the word "publish" - has a fundamental meaning! You can not publish smells (for example, perfume), sounds (for example, the sound of opening the world - famous Zippo lighter), or a hologram (technically impossible on ordinary paper published in the magazine "Industrial property" ) . And how to publish a nice-to-touch silk underwear from "Triumph"? - Nohow... And if you can not publish, then olfactory, sound or tactile signs in Ukraine are impossible for technical reasons. Note that music, such as radio station call signs, can still be registered, but only in the form of a string of notes. We have shown examples of trademarks above.
  • Q:  What is a brand?
  • Answer: Your brand will become a brand after it has gained popularity and a stable and high reputation among consumers of goods and services under this name . And brand registration is a trademark registration. It's just that brands don't appear on their own. They are the signs that will earn this reputation.
  • Q: How do I say a trade mark or trademark? What is more correct?
  • Answer: A trademark is a purely Russian term. In Ukraine, we recommend using more correct legal expressions (our terms differ from Russian ones). this is a trademark in Russian, and a trade mark in Ukrainian. It is a trade mark that should be spoken in Ukrainian, as this term is provided for by the Civil Code of Ukraine. But in General, in everyday speech, they still say the trade mark or commodity mark in Ukrainian. Russian Russian Russian language sometimes includes a trademark in Russian, a trade mark in Ukrainian, or a trade mark in Russian.... But we recommend, but we insist on legally correct terminology, the main thing for us is to tell us what You need, we will understand you for sure! :)
  • Q:  What is registered as a trademark in Ukraine? 
  • Answer:You need to register exactly what is most important and most valuable for you in business. This may be the name of the company, the name of services or goods, or both. Also often registered: logos, brand slogans, beverage labels, packaging (especially boxes and bottles), corporate heroes, etc. Just then You can have and will have several TM. for Example: one - "Hermes", which will protect the name of the company. But the second - "House", and it will protect the name of its services for the construction of country houses. After all, trademark registration is a way to protect the most important and valuable thing in business - a Name and / or a certain Sign (logo)..
  • Q: What types of brands are there? What's the difference? 
  • Answer: Signs can be verbal (just words, or even letters, numbers), pictorial (symbols, images, images), combined (when the trademark contains both the verbal part and the visual part). There are also three-dimensional signs. And sometimes TM can be a combination of colors. And there is no difference in the registration procedure itself, depending on its type. There may be differences only in the cost. For example, if You decide to register a sign in color, the state will ask you to pay a lot of additional state fees.
  • Q: What is better to register: a word or a combined TM?
  • Answer: The question of how to register your sign does not have one universal answer. Classically, if possible, it is better to register it simply as a word or phrase. But there may be pitfalls. If Your word is very original, or even better-a made-up word (neologism), then it is better to register just a word. As a good example of an invented word can serve as a well-known in Ukraine trademark "Magazilla", which is an invented word. That is, there is no such word in our speech or in dictionaries. And this is very good for the prospects of registering this sign. Another example of a fictional phrase is the trademark "Diamond breeze". There is no such phrase in speech, is there? No! This means that such a TM will have a great distinguishing ability. And this is the most important requirement! But if the sign is an ordinary word, present in dictionaries, and even used in everyday speech , then most likely the trademark check will reveal similar words. And then you can predict problems in registration. In this case, the sign must be individualized. - add an image to it, or even some words. And then we can say that it is better to register a combined sign. 
  • Q: It is better to register a trademark in color or black and white (without color)?
  • Answer: Whether the claimed trademark needs a color also requires individual consideration in each situation. First, it is very important how You will apply it? For example, it is clear that the TM of the mobile operator "KYIVSTAR" is better to register in color: everywhere on signs, in advertising and on launch packages - we see this word in blue or in white on blue. But if You only thought of the name of your company, and took her invented word, for example, "STALLERS"... So why do you need a color, and along with it, the rise in the cost of registering this trademark for color? After all, you will have to pay a lot of additional state fees for the color in the pocket of the state! You don't need color then. and this money is better spent on an extra class of registration of Your trademark. At least then you will have additional rights.. 
  • Q:  What IS the deadline for registration? And what is the best time frame? 
  • Answer: It all depends on how much You can spend on it. After all, the most important thing in registration is to get a Certificate. The faster you get it , the better. 
  • Q: What is the cost of registration and what does it depend on?
  • Answer: This is how to answer the question "how much does sugar cost?"- " Kilogram, ton? Or the whole truck?" So with TM. The cost of the procedure depends, first, on the number of classes of ICTU (International classification of goods and services) for which the Mark will be declared. After all, the state will take 3200 (4000) UAH of state fee for submitting an Application for each class. There are 45 classes in total. Plus, the state will charge for issuing the Certificate. And if the TM is in color, the state will still charge you for specifying the color of 1000 UAH when submitting and 200 UAH when issuing. And if You want to check the sign or need accelerated registration, the cost will increase. You need to know Your situation - then you can tell the cost exactly.. 
  • Âîïðîñ: How much money do I need to spend to start registering a trademark?
  • Answer: Please write to us! If we know what kind of sign you have, how many classes you want to register and how long You want to register your sign.

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