A registered mark works when it's defended
A certificate gives you the right to stop others from using your name or a similar one. But nobody will come and defend it for you. A copy has to be spotted, documented and told to stop.
If there's no mark yet, it's a different situation. Then you have to act through other tools: unfair competition, earlier use of the name, opposition to someone else's application. The chances are lower, so it's better not to let it come to that.
What I work on
- Demand letters to those using your mark or a similar one.
- Oppositions against other people's applications that resemble your mark.
- Replies to provisional refusals and examination refusals.
- Appeals against decisions on your application.
- Complaints to marketplaces and social networks where copies are sold.
- Monitoring new applications that resemble your mark.
What to do if someone is using your name
| Situation | Tool |
|---|---|
| Someone opened a business with your name | Demand letter, then court |
| Someone filed for a similar mark | Opposition to the application |
| The examiners refused you | Reply to the decision, appeal |
| Copies on a marketplace | Complaint to the platform citing the certificate |
| The mark was registered before yours | Analysis of earlier use and non-use |
A demand letter often settles it. The infringer sees the certificate, realises they'd lose in court and changes the name. That's what happened with the coffee shop in the case below.
Brands that lost their own name
Aspirin, thermos, escalator and cellophane were once registered trademarks. They became generic words because their owners didn't fight back in time when everyone started using the name for any similar product. Google was once worried about this too, and held its ground.
For your mark the lesson is simple: if everyone starts using the name, react straight away. Over time, silence works against the owner.
Non-use of a mark
If a mark isn't used for three consecutive years, anyone can ask a court to terminate it. Sometimes that's your chance to take back a name someone registered and left on the shelf. I check situations like this as part of the name check.
How it works
Your part: screenshots and the dates you noticed the copy. The rest of the arrows are mine.
Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” (rights of the certificate owner, opposition to an application, termination of a certificate for non-use); Law of Ukraine “On Protection Against Unfair Competition”.
Frequently asked questions about trademark protection
How much does trademark protection cost?
From €150. A demand letter costs less, a complex appeal more.
What if there's no registered mark and the name was stolen?
There are chances, but smaller ones. We look at who started using the name first and whether someone else's application can be opposed.
Can a mark still in registration be protected?
Rights arise on registration, but priority counts from the filing date. Some steps can be taken already.
Do I have to go to court?
No. Most situations are resolved with a demand letter or a complaint to the platform. It goes to court if the infringer doesn't respond. I'm a lawyer but not a licensed advocate, so I prepare the claim, and an advocate represents you in court.
A small coffee shop, one location. The owner secured the name straight away, though he could have said “later”. A few years on, a copycat with the same name opened nearby. One demand letter, and the copy dropped the name without going to court.
How one timely application protected a coffee shop →Haven't registered the mark yet? Start with registration in Ukraine. Want to let partners use your mark? See trademark licensing and assignment.