The legal protection of marks for goods and services

According to the article 5 of the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services » dated 15.12.1993 № 3689-XII in Ukraine the legal protection provided only those marks for goods and services (trademarks) which are not contradict to the public order, moral principles and standards, and also are registered according to the law. The object of the trademark may be any sign in the form of certain words (including personal names), letters, numbers, figure, color or combination of colors or a combination of the above signs.

The acquisition of ownership of the trademark is confirmed by a certificate issued by competent authority for 10 years with the possibility of prolongation of certificate at the request of the trademark owner over the next 10 years provided mandatory payment of the respective fee.

The amount of legal protection of a trademark depends directly on the sign of a trademark and the list of goods and services, which are covered by this trademark.

The right to receive a certificate has each person or association of certain persons or their assignee. If the application for registration of a trademark filed simultaneously by two different applicants, preference is given to the applicant whose application was filed earlier date.

According to the legislation of Ukraine legal protection does not extend to the trademarks that resemble or reflect official state symbols, official names of countries and international organizations (including the international codes of states, for example, UA, ENG)  , official seals, stamps, awards, facsimile, known works of science and art, and so on. The inclusion of the aforementioned trademark signs shall be permitted only with the consent of the collegial body specially created at Office (the central body of executive power on the legal protection of intellectual property).

To the legal protection are not subject trademarks, which:

– haven’t distinctive ability, include the notation that are well known to refer to the goods and services of a particular kind; characterized by absence in denotation of some special, individual signs due to that every consumer can distinguish goods and services of one producer (performer) from other goods and services. Also can not have identification ability trade marks that are too simple (for example, consist of single letter or number), or vice versa – too difficult, when consist of a few elements, that in any way unrelated;

– are only a description specified in request for goods and services and include a reference to the type, quantitative and qualitative properties, their purpose, and so on;

– are misleading concerning goods or services or persons who produce them or provide.

In addition, cannot be registered trademarks that are so related and similar that they can be confused with other, previously registered trademarks, well-known brand names, qualified indications of origin, industrial designs, etc.

In addition see our services in the field of intellectual property

Services of trademark registration (other legal services): +38 096 002 01 00, +38 050 431 70 84

The legal protection of marks for goods and services

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