How trademark registration works
A mark goes through two examinations. The formal one checks whether the documents are in order. The substantive one decides the main thing: whether the name can be a trademark at all and whether it resembles marks already registered. That's where most self-filed applications fail.
So I do the main work before filing. I check the name against the databases, choose the classes and word the list of goods so the examiners have nothing to latch onto.
What turnkey registration includes
- Name check for identical and similar marks.
- Choosing Nice classes and the list of goods and services for your business now and for years ahead.
- Preparing and filing the application with UANIPIO.
- State fees for filing and registration (already included).
- Replies to examiners' requests and objections to provisional refusals.
- Obtaining the certificate and a reminder to renew in 10 years.
5 reasons trademark registration gets refused
| Reason | How to avoid it |
|---|---|
| The name simply describes the product | Choose a name with a distinctive element |
| A similar mark is already registered | Check the databases before filing |
| A mistake with the classes | Draw up the list of goods for your real business |
| The name is misleading | Don't promise in the name what the product doesn't have |
| Errors in the application | Leave the paperwork to someone who has filed dozens of applications |
Most of this is visible before filing. More in the article 5 reasons a trademark gets refused.
How long registration takes
On average about a year and a half from filing to certificate. But protection counts from the filing date: if someone files a similar mark later, you have priority. So it's worth filing as early as possible, even if the logo is still being finished.
Word mark or combined mark
A word mark protects the name itself, in any font or colour. A combined mark protects the name together with the graphics. If the name on its own is weak, graphics sometimes help it pass examination. But if you change the logo, the protection may no longer work. We choose together, based on what your business depends on.
How it works
Your part: the name, the logo, the owner's details. The rest of the arrows are mine.
Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” (conditions of protection, filing procedure, examination, term of the certificate); Nice Agreement concerning the International Classification of Goods and Services.
Frequently asked questions about trademark registration
How much does trademark registration cost?
From €200 turnkey, including state fees for one class. The name check is free.
How long does trademark registration in Ukraine take?
About a year and a half. Protection counts from the filing date.
Who should own the mark: a sole proprietor, an LLC or me personally?
It can be an individual, a sole proprietor or a company. If you have partners, it's better in the company's name, so the mark doesn't stay with one of them in a conflict.
How long is the certificate valid?
Ten years from the filing date. After that it can be renewed every ten years.
What happens if I don't use a registered trademark?
If a mark isn't used for three consecutive years, anyone can ask a court to terminate it.
Can a trademark be registered to a foreigner?
Yes. Foreign applicants file through a registered IP attorney.
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 →Planning to sell abroad? See international trademark registration. If someone is already using your name, you need trademark protection.