Getting a trademark is not a difficult task. The procedure is simple and clear. Here's what to do:
- Analyze whether there are similar trademarks in Ukraine.
- Apply for a certificate of trademark.
- Expect answers from Ukrpatent (the body that issues the trademark certificate)
- Pay the fee and state duty.
Analysis of similar trademarks in Ukraine.
One of the reasons for refusing to register a trademark is the similarity of your trademark with another existing one to such an extent that they can be confused.
That is why it is important to look for similar trademarks before applying. The analysis of existing trademarks can be done on the website of the Ukrpatent Special Information System - https://sis.ukrpatent.org/en/search/simple/. https://sis.ukrpatent.org/en/search/simple/.
If a trademark with a similar name exists, this is not a reason not to register the trademark. Note the class of International Classification of Goods and Services (Nice Classification) in which a similar trademark is registered. For example: if you want to register a trademark “Bucks” in class 2 (Paints, varnishes, lacquers, etc.), the existence of a trademark of the same name in class 4 (Industrial oils and greases, etc.) will not be an obstacle.
You can also order a service for such analysis from Ukrpatent. You will receive a report based on the results of the analysis. The report will contain information on all identical and similar trademarks in the selected Nice Classification classes..
- 2. Apply for a certificate of trademark.
Foreign legal entities and individuals are subject to the same conditions for obtaining a certificate as citizens or companies of Ukraine.
The only additional condition is that foreigners and foreign companies in relations with Ukrpatent exercise their rights through patent attorneys. Such a patent attorney must have a certificate of intellectual property representation. An application for a certificate of trademark is also filed through a patent attorney.
The application consists of:
- trademark registration applications (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 a trademark, grouped by Nice Classification;
- documents attached to the application.
- Expect answers from Ukrpatent.
After receiving all the documents, Ukrpatent registers and analyzes them. The patent attorney's address will be notified of the date of filing the application for a certificate of trademark. This means that all documents are submitted on time and correctly, and the application is accepted. signs for goods and services. This means that all documents have been submitted on time and correctly, and the application has been accepted.
After that, we can only wait for the results of the examination, which will determine whether your trademark meets the requirements of the law. Ukrpatent communicates quite well with the applicants, and in our case - with the patent attorney.
The end result of waiting will be a decision to register the mark. Within three months from the receipt of such a decision, documents on payment of the fee for the publication of the certificate and state duty must be sent to Ukrpatent.
How long do you have to wait for a certificate?
The law does not specify the period during which you will be issued a certificate of trademark. On average, it takes about 18 months from the time of application to obtain a certificate.