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patent and trademark ukraine

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Trademark search by Patent attorney - UATM.UA

Do I need to check the TM before registration begins?
We are often asked this question. And Applicants often talk about additional arguments: "My Sign has such an original font!". Or - " and the drawing there is unique! And the color of my sign is completely different!". Or - "and the word is positioned vertically! ". Or-I invented the word!" Or - "I myself & nbsp;searched & nbsp; on the Internet, there is no such word! And I want my message to be considered an image!"Etc., etc. Below on this page, we will try to answer these questions.

Results and goals
First, Based on the results of the verification, we professionally show You the current situation and comment on it. And based on the results, we give you written recommendations: what to do to increase the chances of registering a trademark. We can predict the conclusions of the Ukrpatent's examination of the Application.
Secondly, we have already successfully registered more than 4,000 trademarks. And we have 20 years of experience working with trademarks. Therefore, we already know 99.9 % how Ukrpatent will react to this or that Sign

Cost of services
Important disclaimer! There are two ways to search: either it will be our search, or it will be a search for Ukrpatent. Its cost is calculated based on the type of sign and the number of classes for which it will be held. The cost also strongly depends on the type of sign: for a combined sign, it is twice as high as for a verbal one. Therefore, it is more appropriate to check only the verbal part of the sign.
Search with the Patent attorney of Ukraine
Term-3-4 business days. The deadline starts from the next day after your full payment for this service. The cost of this service (word mark, one class) is equal to 140 dollars. We know our business very well, and therefore we give written Conclusions and Recommendations.
Search with the Ukrpatent.
This search will take 10 business days to complete. This period begins on the day following your full payment for this service. Sometimes it's a little faster. Cost of services of Ukrpatent (word mark for one class) equal to $ 40. Unfortunately, Ukrpatent does not provide Conclusions and Recommendations. It just gives you a list of similar characters. Therefore, our services for organizing this search and for writing Recommendations for it will amount to $ 100. The total cost (the verbal sign, in the same class) it will be $ 140..

Can I skip the search and verification process?
We will stipulate that verification is not a mandatory action. And, theoretically, it can be excluded. But then neither You nor we know in advance what decision Ukrpatent will make on Your trademark Application . After all, if a brand that is similar to the point of confusion is already registered , your Application will be rejected. And all payments for registration will be lost to You. If you are willing to take the risk and take the possible consequences on yourself, please confirm this to us. We will accept any decision you make! Although, theoretically, the sign could not be checked. But only if this word is "A-BA-BA-GA-LA-MA-GA" (this is the brand of a very famous Ukrainian publishing house of children's literature).

  How to search for a trademark?

The first stage is verification by the Patent attorney of the designation for compliance with the main criteria of protection. They are set out in article 5 of the Law of Ukraine "on the protection of rights to marks for goods and services". According to this article "Legal protection is granted to a sign that does not contradict public order, the principles of humanity and morality." And of course, it is not possible to register designations that contain obscenities, fascist or racist slogans, etc.but sometimes the decisions of Ukrpatent on Applications can be controversial. So, unfortunately, the sign "Madhouse" - the address of a very famous project-was refused durdom.in.ua. Examination of Ukrpatent considered the word "Madhouse" violating public order. But there is a court for such disputes. 
The Second stage - actually search and check for those signs that were previously registered or submitted for registration. The sign is studied for identity and similarity with previously declared signs. Note that a certain word can be protected for one type of product or service. And at the same time - it may not be protected for another. I.e., if You have a sign-"Carrier", then its registration for transport services in the 39th class will be problematic. And quite the opposite, registering the word "Carrier" for alcohol products in class 33 will be absolutely no problem. This Is how the legislation on TM registration is constructed: you can not register words that consist only of designations that are commonly used as designations of goods and services of a certain type ("transportation" - for transportation services, "vodka" - for such goods as vodka, "water" - for water).
Please note that the Law < b>prohibits < /b> registration of marks that consist only of designations or data that are descriptive when used in relation to the goods and services specified in the application (for example, the word "CLEAN" is for water). Trademarks that indicate the type of goods ("water" - for water), the quality of goods or services ("Excellent food" - for food), or the composition ("H2O " - for water), quantity ("999,9" - for gold), properties ("Medicinal tablet" - for medicines), purpose ("Tailor" - for tailoring) or value ("the best medicine") of goods and services. Nor are signs that indicate the place and time of manufacture and sale of goods or services registered. Especially the examination does not like the designation of the type - "Made in USA", and the applicant is registered on Deribasovskaya street in the glorious city of Odessa.

What signs can a Patent attorney check:

  • Words
  • Image
  • Combinations of words and images

What classes are used for searching for signs:

  • Or - by the classes that you have chosen to register Your trademark;
  • Or - for all 45 classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). And this is a unique service, conducted only in our Agency!

What is being checked:

  • Database of brands that have already been registered under the national procedure;
  • Applications previously submitted for registration under the national procedure;
  • Database of brands that have already been filed or registered under the international procedure;
The law of Ukraine on the trademark 
The law sets as what may or may not be a trademark. It also provides that some of the declared designations may be identical or confusingly similar to the previously declared designations. The Question of identity and similarity of the sign is both simple and complex. But the legislation of Ukraine in art. 6 of the Law of Ukraine "On protection of rights to marks for goods and services " clearly provides prohibition of registration of identical and confusingly similar Marks.

Ukrainian Rules on the procedure for Applying for trademark registration
The very definition of the terms of identity and similarity of Signs is set out in the document "Rules for drawing up, filing and reviewing an application for the issuance of a certificate for a sign for goods and services". Just these Rules and  set how exactly the expertise of Ukrpatent will conduct the examination of Your mark. And these Rules provide that signs are compared according to three criteria: visual, phonetic and semantic. Let's explain these concepts and how the trademark search is carried out by the expertise of Ukrpatent.