A trademark is a designation created in order for one product or service offered by one manufacturer to differ from other products and services from another manufacturer. A trademark must have a distinctive ability, that is, to be fairly recognizable and should not be misleading, that is, fully reflect the essence depicted on it.
An idea of how your brand should look (verbal, figurative or combined). A drawing, sketch or layout that displays your brand.
The procedure for registering a trademark is such a sequence:
Preliminary verification (search) of a trademark – at this stage you verify your trademark with the already existing trademarks that have already been submitted for registration. This stage is not mandatory, but it is not recommended to skip it, because due to the imperfection of the legislation in Ukraine on the refusal to register a trademark due to similarity, you will find out about a year after filing the application, which of course is not the best way to register a trademark .
Directly filing a trademark application. Here are his steps:
- You need to bring a trademark image in .cdg or .ai format that provides the most accurate color reproduction, although you can have other image formats with you.
- Fill out a trademark application form. The questionnaire indicates the goods and services for which the trademark will be used.
The cost of filing an application for the registration of a trademark to one class of the MKTU10 includes:
The state fee for filing an application for a trademark in one class (any of 45) = 1000 UAH;
The state fee for filing an application for a trademark in color = 500 UAH;
The cost of filing an application for a Mark for goods and services for the 2nd and more classes of the Nice Classification 10 includes:
all of the above payments for filing an application for a trademark (trademark) (clause 8);
State fee for filing an application in the amount of UAH 1000 for each subsequent class of the trademark over one.
Examination of an application for registration of a trademark is held within one and a half years from the date of filing. As a rule, the decision to register a trademark or preliminary refusal to register a trademark comes somewhere in a year. In the process of examination, requests may be received with a request to clarify, amend or supplement the materials of the Application for registration of a trademark.
There is also the possibility of conducting an accelerated examination of an application for registration of a trademark. It can be carried out: immediately after the filing of the Application for registration of a trademark or already 6 months after the submission of the Application. Accelerated examination of the application for registration is carried out within a month. The cost of the accelerated examination of the application for registration of a trademark 6 months after the filing of the Application for one class of the Nice Classification for a verbal trademark is 2400 UAH. If the trademark is combined, then the cost of carrying out an accelerated examination of an application for registration of a trademark 6 months after the filing of the Application for one class of ICGS will be 3960 UAH.
After the examination, Ukrpatent issues a “Decision on the possibility of registering a mark for goods and services.” Next, the state duty in the amount of 85 hryvnia must be paid, then within one month you will be given a certificate for a trademark for goods and services.