"Trademark has the property that is hard to put into words. Call it a personality, character, aura, the atmosphere, the fifth dimension - whatever you like, but the fact is that it is this "something" that draws like a magnet in a special effect on consumer and attracts him"

(David Ogilvy)

Trademark registration in Ukraine

In everyday life, as a definition for brands you can find different names: the logo, an emblem, corporate or brand name, brand name, trade name, trade mark, a slogan, a brand name.

The mark for the goods and services - fixed in the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" term - is the term by which the goods and services of one person different from the goods and services of others.

Trade mark (brand name, trade mark, the trade mark, TM) are the different translations of the concept of «trade mark». A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

Brand name is a unique graphic element which is usually located next to the name of the company. It can be used alone.

Logo is a specially designed, individually styled form of the company name, often in the form of original design.

Service mark is a brand that is used only in relation to services rather than goods.

The note BRAND is usually referred to the already developed brand, a brand that already has a reputation among consumers and has gained a certain segment of the market.

Slogan is a short phrase that is designed to emphasize some of the qualities and characteristics of the goods or the whole enterprise.

Trademark registration provides standard procedures, which usually last up to one and a half year.
However, it is possible to register the trademarks using the compact procedure. In this case, the trademark registration lasts for about 8-9 months; you can also use the accelerated procedure for 2-3 months.

"Certificate of Ukraine on the mark for the goods and services gives the holder the right to use the mark and the exclusive right to prevent others from using of the registered mark without the holder's consent, the exclusive right to dispose the right on the mark in accordance with Article 16 of the Law of Ukraine " On the Protection of Rights to Marks for Goods and Services ", as well as the other rights established by this Act."

Logo or trademark?

We often hear the term "logo", which often replaces the phrase "trademark". Thus, it often means a graphic trade mark or a combined trade mark.
The word "logo" comes from the combination of two Greek words: «logos», which means - a speech, word, sentence and «typos», which means - imprint.
Therefore, the term "logo" is used only in conformity to the verbal part, but not to the graphic part of the brand. In other words, the registration of your logo will be held, as the registration of a verbal trademark.

Our agency will help you to register the logo in Ukraine!

Trademark Registration in Ukraine allows you:

• to obtain a certificate of trademark ownership, thus you will possess such property rights:
- the right to use the trademark;
- the exclusive right to authorize the other persons to use the trademark;
- the exclusive right to preserve the trademarks from improper use, as well as to prohibit such use, and others;

• to put the trademark on the balance of the company as an intangible asset. Thus, you will be able to provide:
- attracting of the necessary financial resources, for example, a loan secured by the brand;
- more effective estimation of assets' cost and, as a result, the formation of an optimal capital structure;
- tax mitigation, because the trademark reduces the taxable income on the amount of depreciation payments;

• the development of modern forms of business through the transfer of intellectual property rights to the trademark (franchising, transfer of licenses, joint activities, etc.);

• gaining the right to affix the trademark warning labeling: (^TM) - a trademark is presented for registration in the Patent Office of Ukraine, ® - a trademark registered in Ukraine;

• only if you have a Trademark Certificate of Ukraine you can obtain the domain name .UA

• placing to the Register of Customs and publication in the official bulletin, which is distributed in Ukraine and 32 countries around the world, the information about the trademark and data about the company.

For producers of goods and services it is necessary to know what are the main characteristics of trademark.

For every new company a new business starts with the procedure of trademark registration.

So, the trademark is a symbol which is:

• able to induce positive emotions;
• forming certain associations;
• allows to switch attention of a consumer to the insensible or imagined differences, on the benefits of a product over competitors.
• providing information about the product;

• simplifies the selection of product by the buyers, retailers and resellers;
• facilitating the processing of orders;
• allowing the consumer to reduce the risk when choosing a product and making a purchase;
• allows to convince the consumer to make a purchase;
• giving a guarantee of product's quality;
• provide the auxiliary facility to protect the product against forgery;
• increases the consumption value of the goods for the consumer;
• underlying in the formation of corporate identity;
• giving an opportunity to improve the accuracy at the market segmentation (different lines of products);
• providing the opportunity to create a variety of goods without essential modification of product assortment;
• additional stimulus for manufacturers and sellers, who are looking for new properties of the product;
• enabling the additional protection against falsification.

Trademark Registration is an important ingredient for converting yourself into a successful businessman.

Carrying out the research on the identity and similarity of trademark

The preliminary search for the identity and similarity of the trademark is a test of verbal, graphic or combined (jointly verbal and graphic) parts of the sign for the ability of its registration.
The Law of Ukraine "On Protection of Rights to Marks for Goods and Services" Article 6 paragraph 3: "Signs shall not be registered as marks if they are identical or misleadingly similar to marks that were earlier registered or filed for the registration in Ukraine on behalf of another person for identical or similar goods and services...".
As we can see, a preliminary search for identity and similarity, it is a necessary procedure before applying for registration of the trade mark in Ukraine.
At the same time, the preliminary search is not an obligatory step in the registration of the trademark but it is a recommended procedure. It is important to know that in case of search failure, there is a great risk of a refusal to register your application, which will result in the loss of your time and money.
The experts of PAA "Foresight" will help you to conduct a preliminary search for identity and similarity in Ukraine! We shall promptly select for you a list of suitable ICGS classes and we shall hold a preliminary search for identity and similarity of your sign within short term.
After a preliminary search for identity and similarity, we'll generate a report in which you will be able to see the registered trademarks that have been identified in the course of the preliminary search.

In order to be sure of your mark, before applying for registration, you can order the procedure of preliminary search on similarity and identity by calling the following numbers: mobile phone +380 99-774-12-25, + 380 96-451-47-41 or by filling the application.

Information and documents that are required for registration of the trademark are the following:

1. A reproduction of the sign that is claimed:
2. In a request for registration of the mark
- the applicant(s) and his address shall be indicated - for the private person;
- name, address, USREOU code (Unified State Register of Enterprises and Organizations of Ukraine) - for the enterprise;
3. A power of attorney which is signed by the applicant and sealed with the seal of the legal person (can be provided within 2 months from the filing date of the application).
4. The List of goods and services for which the trademark should be registered.

To register a trademark in Ukraine - it's easy!

The steps for trademark registration:

1. The registration and filing of an application to "Ukrpatent" made within 1-3 business days after receipt of the request.
2. After filing of an application within 1-3 business days the Customer receives copies of the given materials with the mark of the agency about receiving of the application materials.
The state fee for the filing of an application is to be paid within two months from the filing date. In the case of non-payment of fee the application shall be considered withdrawn.
3. After payment of monetary charge for application Ukrpatent issues the Notification stating that the application is accepted for consideration, together with naming the date of filing of an application (2 months after the date of filing the application). This document can be presented on request of supervisory authorities.
4. After obtaining of the Notification the application passes examination within 12-13 months.
5. At the request of the applicant after 6 months from the date of filing of the application and on condition of payment of the corresponding fee the petition for carrying out the accelerated examination can be given to Ukrpatent, the term of carrying out makes about 6-8 weeks. In case the applicant wishes to use the right of a priority for the international application, the accelerated examination may be conducted before the expiration of the 6-month period.
6. According to the results of the examination "Ukrpatent" make a decision regarding the registration of the trade mark. Upon receipt of the decision on registration the fees for the registration of the brand mark and the issuance of the certificate shall be paid within three months. In the case of non-payment of fees application shall be considered withdrawn.
7. After payment of the fee for registration of the trade mark within 2-3 months a certificate is given. After receiving the certificate owner has the right to affix a warning sign symbol ®, which means that the trade mark is registered in the authorized public organ and protected by law.

We suggest you to choose one of the three possible terms of registration of a trademark:
The standard procedure for TM registration takes 12 - 18 months.
Quick - takes 4 months.

The period of validity of the certificate on a trademark is 10 years. This period may be extended for the next 10 years on condition of payment of the state fee within the last 6 months of certificate action.

Trademark Registration in Ukraine is a necessary procedure for your business in today's competitive world!
We offer assistance in the registration of the trade mark in Ukraine!

Registration of the trademark (product mark) in Russia

Procedure of registration of the trademark (product mark) in Russia

The procedure for registration of a trade mark (product mark) in Russia is similar to the procedure in Ukraine. We have applied to the Federal State Establishment "Federal Institute of Industrial Property of the Federal Service for Intellectual Property, Patents and Trademarks" FSE FIIP.

But before submitting an application, we recommend you to carry out a preliminary search of the trademark (product mark) on identity and similarity. Though this procedure isn't obligatory, the applicant has to know that without a preliminary search the refusal in trademark registration isn't excluded.
But we are back to the application. The application for registration of a trade mark (product mark) must include the following:

• The completed application form for registration of a sign as a trademark (brand name).
• The data about the applicant, the address of his location or residence, country code according to WIPO Standards st.3 (UA).
• Declared designation of the trademark and its description.
• A list of goods and services, for which the applicant requests to register the mark.
• Goods and services must be grouped in classes as it provides for the International Classification of Goods and Services for the Registration of Marks.

Examination of the application for the trademark (product mark)

FIIP examines the application and this procedure includes a formal examination, the verification of the correctness of the content of the application, the correctness of payment of fee, the availability of all required documents that must be attached to the application and examination of the symbol declared as a trademark.
In this examination FIIP checks the claimed trademark on the identity and similarity to trade marks previously registered or applied for registration, and also check about lack of the bases provided in the law which may interfere trademark registration.
The formal examination period is 1 month (Article 1498 of the Civil Code of Russian federation).
The duration of the examination of the mark is not set by law.
In general, the standard term of the registration of a trademark (brand name) from the time when we submit an application and before we get the certificate of state registration is from 1 to 1.5 years.

Since February 2012 the accelerated registration of a trade mark (brand name) in Russia is canceled!

The term of protection of a trademark (brand name) in Russia

After successful completion of the registration procedure, the applicant receives a Certificate of trademark.
The term for registration of a trademark in Russia is 10 years from the date of filing in FIIP. The period of validity of protection can proceed unlimited number of times for each next 10 years after payment of the required fee.

The cost of fees and services for the FIIP which are associated with state registration of a trademark and service mark.

The cost of fees and services in "Rospatent" has increased significantly; therefore we present the latest data taken from the official site of FIIP.

Cost of FIIP duty:
- fee for the registration of application for trademark registration, and a decision on the results of the formal examination makes 2,700 roubles;
- fee for filing an application for trademark registration in one class of the Nice Classification (International (Nice) Classification of Goods and Services) and designation of the examination, claimed as a trademark makes 11,500 roubles;
- fee for filing an application for trademark registration for each additional class of more than one makes 2,050 roubles;
- fee for registration of the trademark and delivery of certificate for trademark makes 16, 200 roubles.

Cost of FIIP services:
1. Carrying out the search for one verbal designation within one month:
- in the same class of the Nice Classification: 4,000 roubles., VAT is 18% - 720 roubles. Total amount - 4,720 roubles;
- for each class of the Nice Classification above one additionally: 1,000 roubles., VAT is 18% - 180 roubles. Total amount - 1,180 roubles;
2. Carrying out the search for one visual symbol within one month:
- in the same class of the Nice Classification: 7,000 roubles., VAT is 18% - 1,260 roubles. Total amount - 8,260 roubles;
- for each class of the Nice Classification above one additionally: 1,500 roubles., VAT is 18% - 270 roubles. Total amount - 1,770 roubles;
3. Carrying out the search during one month for combined designation requires, at the customer's request, conducting of independent searches for verbal and visual designations, the price for services is established as follows:
- for verbal designation - according to point 1;
- for graphic designation - according to point 2;
4. Carrying out the search within one month for the compositionally complex visual symbol, including several fine fragments, requiring a number of independent search (labels, etc.), the cost of service increases on 20% compared with that specified in paragraphs 1 and 2, for each fragment specified by the customer.
At the request of the customer, it is possible to carry out the search of the trademark (trademark) within 14 calendar days, the price of "Rospatent" service increases twice, and also within 5 days - by 3 times.

Conducting research on identity significantly reduces the probability of failure in the registration of a trade mark.

Our specialists will help you to register a trade mark in Ukraine and Russia!

You can ask a question by sending us an e-mail: info@foresight-agency.com
or simply by calling us on: +380 99-774-12-25, +380 96-451-47-41.