The procedure of trade mark registration

If you intend to register a trademark, at first you need to determine the sign (appearance) of a trademark. Legal protection is given 4 types of signs: verbal, graphic, volumetric or a combination of the aforementioned three-dimensional signs.

Later, after you have defined for yourself a specific sign for the trademark, you need to prepare the documents for its immediate registration – application. Application can be submitted personally by the applicant as well as through a patent agent or other authorized person. Remember, the application should apply only one sign, submitted in Ukrainian and consist of the following documents:

– Statement of the registration form;

– Images sign 8×8 size ( if sign has a word part, the additional description of the sign);

– List grouped according to the ICGS (International Classification of Goods and Services for the Purposes of the Registration of Marks) for which the applicant asks to register the trademark.

If the application is field by the applicant’s representative, the attorney is given in an additional free-form without notarization. Filing required fee is paid, the amount of which depends on the number of classes. Receipt of payment of the fee can be submitted together with the application or within 2 months from the date of filing.

The filed request for registration of the trademark is the subject of two types of examination: formal and qualifying. During the formal examination there is checking of compliance with all requirements of processing the application in accordance with the legislation, presence of receipt of payment of the fee, and installed directly filing date.

During the qualifying examination there is checking of compliance of the claimed designation of terms of legal protection. Actually, after qualifying examination authority decides to register the trademark or, on the contrary – to refuse registration.

The legislation does not set specific deadline of the application, but usually it is 14-18 months.

Within three months of receiving a positive decision to register the trademark, the trademark owner is obliged to pay the state fee for certificate issuance and a separate fee for publication of information on the registration of the trademark in the official bulletin of the Ukrainian Institute of Intellectual Property. The certificate is issued within one month from the date of state registration of the trademark.

For more information see our services in the field of intellectual property law.

Attorneys at law „Bachynskyy, Kolomiets and partners” provides a full range of services related to the registration of the trade mark, so if you have difficulties in the preparation of all necessary documents for registration contact with us: +38 096 002 01 00, +38 050 431 70 84.