Why the name is checked before the logo
A trademark belongs to whoever filed first, not to whoever started using the name first. While you work without registration, your name belongs to nobody. Anyone can register it and then forbid you from using what you created yourself.
The second reason is simpler. If a similar mark already exists, registration will be refused and the fee will be lost. Checking in advance costs nothing. Rebranding after the first batch of packaging costs far more.
What I check
- Identical marks in the database of registered marks and applications in Ukraine.
- Marks that sound or look similar. Refusals happen not only for an identical name but also for one that's easy to confuse.
- Classes of goods and services under the International (Nice) Classification.
- Descriptiveness. A name that simply describes the product can't be registered.
- Misleading character and other grounds for refusal.
How to check a name yourself in 3 steps
The first step is the simplest: type the name into Google and Instagram. If someone in your field already uses it, that's a reason to think twice, even if they haven't registered a trademark.
The second step is the main one: the free trademark database of the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). Search for your name and see whether there's the same or a very similar one in your field.
Third: don't look only for an exact match. Try variants with a different letter, transliteration, similar sounds. If it's clean after three steps, your chances are decent. But the final assessment is made by the examiners, so for an important name a professional check is better. More in the article how to check a name before registering.
What you'll get
A short answer in plain words: the name is free, there are risks, or it's better to look for another. A list of the classes worth registering in. If I find similar marks, I'll show them to you and explain whether they get in your way.
| Result | What we do next |
|---|---|
| Clear | We file before someone takes the name |
| Similar marks in other classes | Usually fine to register, we refine the classes |
| Similar marks in your class | We look at changing the name or adding graphics |
| The name is descriptive | We find a version that can be protected |
How it works
Your part: the name, and the logo if you have one. The rest of the arrows are mine.
Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” (Art. 6, grounds for refusing legal protection); Nice Agreement concerning the International Classification of Goods and Services.
Frequently asked questions about trademark searches
Is the check really free?
Yes. No obligation and no prepayment.
Does the check guarantee registration?
No. The final decision is made by the examiners. The check shows the risks that are visible in advance, and most refusals can be predicted.
What are Nice classes?
All goods and services are divided into 45 classes. A mark is registered in specific classes, and the protection applies in those.
Can I register a name someone else already uses on Instagram?
Sometimes, if they haven't registered a trademark and work in a different field. But it's a risk of a dispute, so we assess each case.
I'm from another city. Can you do the check?
Yes, the check is remote. For trademarks the city doesn't matter.
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 →Name is free? The next step is trademark registration in Ukraine. Planning to sell abroad? See international registration.