Trade Mark

The procedure of trade mark registration

In an order to register a trade mark it is necessary to choose labeling on registration of trade mark. Such labeling can be verbal, graphic or combined.
For registration of trade mark it is necessary to make a request. The request may be made by proxy through a representative in matters of intellectual property or other trusted person.
The request shall be concerned only one sign, the request is to be written in Ukrainian and shall enclose:
- statement on registration of the sign;
- image of labeling, size 8×8 cm, and description of the sign as well;
- the list of goods and services defined by International classification for which an applicant asks to register a sign.
For filing the request is to be paid state duty, the size depends upon the amount of classes of International classification of goods and services applied in request. The receipt on paid duty is to be filed with the request or during two months from a moment of filing of the request.
The filed request for registration of the trade mark is the subject for formal and qualifying examination which is carried out during two years from the moment of request filing. Formal examination: the request is checked for correspondence to formal requirements. Qualifying examination: verification of correspondence of the request to the terms of grant of legal safeguard.
On the basis of the conducted examination it must be made a decision about registration of trade mark or about a refuse in registration of the trade mark.
Within 3 months from the day of receipt of the positive decision concerning registration of the trade mark the proprietor of trade mark shall pay a state duty for a certification and taxes for publication of information about registration of the trade mark in the official bulletin about a certification, certain in accordance with established procedure, and also to give proofs of such payment the Ukrainian institute of industrial property.
In the case of accordance of trade mark to Ukrainian laws its proprietor receives the certificate on registration of the trade mark. The certificate is made during one month after state registration of the trade mark. The certificate hands to the person who has a right on his receipt. In the case of loss or damage of the certificate the doublet of certificate may be reproduced.