Якщо ви знаєте що таке торгова марка (далі – ТМ), які види торгових марок існують, що таке МКТП та Укрпатент, то швидше за все ви або хочете зареєструвати торгову марку, або шукаєте порядок дій для її реєстрації. Що ж, вітаємо, ви знайшли те що шукаєте. 😉
There are two ways of TM registration: simple and complex. Simple - contact us and we will do everything to have your TM appear on the website of Ukrpatent in the section "Registered in Ukraine for goods and services."
The difficult path will take a lot of your personal time, additional clarification of details when submitting documents. When we talk about "a lot of your personal time" - we are not joking. It usually takes about 18 months to register a TM and during all this time you need to monitor the status of your application and respond to letters from Ukrpatent.
You can reduce this time and use the accelerated TM registration procedure. In this case, you will receive a TM for 6-8 months, but for this you need to pay extra from 5220 UAH (depending on the classes of the ICCP and the type of TM).
However, we have prepared instructions to minimize your suffering from the whole bureaucracy. Well, let's get started:
Step 1. Check for similar brands.
You can check the availability of similar trademarks on the website of Ukrpatent in the section "Databases and information and reference systems": "Trademarks for goods and services registered in Ukraine"And"Applications for marks for goods and services accepted for consideration».
If a trademark with a similar name exists, this is not a reason to change the name of your company, or not to register it at all. Pay attention to the classes of MCTP in which the company with similar TM is registered. For example: if you want to register TM "Bucks" in class 2 (Paints, varnishes, polishes; protective drugs against rust, etc.), the existence of TM with the same name in class 4 (Technical oils and greases, waxes; lubricants etc.) will not be an obstacle to this.
If you do not really want to do it yourself - you can order an information search in Ukrpatent for the identity and similarity of the designation.
Based on the results of such a search, you will be provided with a report on the provision of patent information services. This report will provide information on all identical and similar notations in selected ICCP classes. The cost of such a search starts from UAH 800 and depends on the type of TM, the number of selected classes of the ICCP and the deadline (7 or 3 working days).
It is worth noting that this report is of informational value only. The report does not draw conclusions about the similarity of your trademark with others, does not indicate the risks of filing an application. You or your lawyer need to analyze all this yourself and decide on the application.
Step 2. Apply for a trademark certificate.
The application can be submitted independently to the State Enterprise "Ukrainian Institute of Intellectual Property" (1 Glazunova Street, Kyiv-42, 01601). The application can also be sent in paper (by mail to the above address) or electronically (https://base.uipv.org/efiling/enter.php).
The application is drawn up in Ukrainian and must contain:
- trademark application (one copy);
- trademark image (if the image is black and white - 5 copies; if the image is color - 10 copies);
- a list of goods and services for which the applicant requests registration of the trademark, grouped by the ICCP for the registration of marks;
- documents attached to the application.
There is a fee for submitting the application. Its size starts from UAH 4,000 and depends on the number of applicants, the number of sections of the ICCP in which you want to register a trademark, the availability of image color, etc. The fee must be paid together with the application or within two months from the date of application.
Ukrpatent has developed an online calculator of the cost of the application fee: http://base.uipv.org/signs_calc/
Step 3. We are waiting
After submitting the necessary documents, Ukrpatent registers them, conducts a preliminary examination and enters information into the database.
In case of successful submission of all necessary documents and payment of fees, you will receive a notification to your address specified in the application on the date of filing the application for registration of the mark for goods and services. This indicates the successful receipt and registration of your documents by Ukrpatent.
Now it is a small matter to wait for the results of the formal and qualification examination. It should be noted that if Ukrpatent is not satisfied with the information provided, or they need additional clarification - the applicant is sent appropriate notifications to eliminate deficiencies, correct materials, etc. In other words, you will be given the opportunity to correct mistakes. The main thing is to control the status of your application and respond to letters from Ukrpatent in a timely manner.
If Ukrpatent is satisfied with the submitted documents, we are waiting for a decision on registration of the mark.
Step 4. Obtaining a decision on registration of the mark
At this stage it is necessary to pay a fee for the publication of the certificate (the amount is 600 UAH per mark for goods and services in black and white for each class + 200 UAH additionally for the publication of a color image of the mark). The fee for the issuance of a certificate for a mark shall be paid within three months from the date of receipt by the applicant of the decision on registration of the mark.
Also, it is necessary to pay a state fee for the issuance of a certificate for a mark for goods and services:
- for individuals (legal entities) permanently residing (located) in Ukraine - five non-taxable minimum incomes (UAH 85);
- for individuals (foreign legal entities), respectively, permanently residing (located) outside Ukraine - 200 US dollars.
Step 5. Obtaining a certificate for a mark for goods and services.
The certificate is sent to the address indicated in the application, or in case of impossibility to receive it to the specified address (change of address, etc.) - personally or through a representative in Ukrpatent.
Done. If you have followed our advice, somewhere at this stage you should have a certificate for a mark for goods and services. Do not forget that the validity of the mark must be confirmed every 10 years.