- A trademark belongs to whoever filed first, not to whoever started using the name first.
- Check not only for exact matches but for names that sound or look similar.
- The final assessment is made by the examiners. I do a professional name check for free.
You came up with a name for your business, already drew a logo, ordered a sign. And then it turns out the name is taken.
The check has to happen before you invest money. And you can do part of it yourself, in three steps.
Why it matters
In Ukraine a trademark belongs to whoever filed first. Not to whoever started using the name first, and not to whoever invested more money in it.
While you work without registration, your name belongs to nobody. Anyone, a competitor or a former partner, can file and become the owner. And then they have every right to forbid you from using what you created yourself. And the whole budget you put into building recognition will start working for someone else's mark.
Step one: Google and Instagram
The simplest one. Type the name into a search engine and into Instagram.
If someone in your field already uses that name, it's a reason to think twice, even if they haven't registered a trademark. They could do it tomorrow, and then the question would be theirs to answer, not yours.
Step two: the trademark database
The main step. Open the free trademark database of UANIPIO, the Ukrainian National Office for Intellectual Property and Innovations. It's the same database the examiners look at.
Search for your name and see whether there's the same or a very similar one in your field. Pay attention to the classes of goods and services: a mark is protected precisely in the classes it was registered in.
Step three: similar, not just identical
Refusals happen not only for an identical name but also for one that's easy to confuse with an existing one. So look for:
- variants with a different letter or ending;
- transliteration in Latin and Cyrillic;
- names that sound the same, even if they're spelled differently.
What next
If it's clean after three steps, your chances are already decent. But only the examiners make the final assessment. They also check whether the name is descriptive (for example, “Tasty Coffee” for a coffee shop) and whether it's misleading.
If the name matters to you and you don't want to take risks, write to me. I do a professional name check for free, and filing costs from €200 including state fees.
A story from practice
A few years ago the owner of a small coffee shop came to me. One location, nothing big. Many in his place would have said “later, once I'm up and running”. He secured the name straight away.
The business took off, a second location opened, then a third. And then a coffee shop with exactly the same name opened nearby. One demand letter, and the copy dropped the name without going to court. The whole difference between the two scenarios came down to one application filed in time.
More on the process: trademark registration in Ukraine and 5 reasons for refusal.
Frequently asked questions
Where can I search registered trademarks in Ukraine?
In the free database of the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). It contains both registered marks and applications still under examination.
If the name isn't in the database, is it safe to register?
The chances are good but not guaranteed. The examiners refuse because of similar names and because of descriptiveness, that is, when a name simply describes the product.
What if someone is already using the name without registration?
It's a risk of a dispute. Sometimes you can register; sometimes it's better to change the name. We assess each case separately.
This article is general in nature and is not legal advice. Every situation has its own nuances.
