Trademark registration: how it works in Ukraine
Why you should register a trademark at the start
In Ukraine a trademark belongs to whoever filed first, not to whoever started using the name first. Until a name is registered, it belongs to nobody. A competitor or former partner can file, become the owner and forbid you from using a sign you came up with yourself. Registering a trademark at the start is many times cheaper than going to court or rebranding from scratch.
How to check a name before registering
A trademark check starts simply: search the name on Google and Instagram in your field. Then comes the database of registered marks, where you look not only for exact matches but also for names that sound or look similar. Similarity is the most common reason for refusal. I do the name check for free, so you know your chances before filing.
Nice classes: what your trademark protects you from
A trademark is protected not in general but for specific goods and services. They are chosen by Nice classes, of which there are 45. A coffee shop needs one set, an IT service another. Choose the wrong classes and the mark will exist on paper but won't protect you from a copy in a neighbouring field. That's why I pick classes based on what you do now and plan to do.
How long trademark registration takes and what it costs
From application to certificate usually takes about a year and a half: formal examination, substantive examination, decision and certificate. Turnkey filing costs from €200 including state fees. The certificate is valid for 10 years from the filing date and is then renewed.
International trademark registration
A Ukrainian certificate is valid only in Ukraine. Selling in the EU or other countries? You need international registration: through the Madrid System or directly in a particular country. Which is better depends on where you already sell and where you plan to.
Registering a trademark for a new company? Start with LLC registration. And if a designer or agency is drawing the logo, make sure there's a contract transferring the rights, otherwise the logo may legally not belong to you.