In Ukraine, the mark for goods and services (or as it is also called – a trademark; hereinafter – TM) is considered an unnecessary whim. However, in today’s world, TM is an integral attribute of successful business. Why? To understand this, you need to understand the logic of the consumer for whose attention you have to fight in the market – what motivates him to buy a product or service?
The task for the manufacturer: Imagine two entrepreneurs. Both sell identical in quality goods in the same market – and even better next to each other – but one has a TM (let’s call it Arkady), and the other (Stepan) does not have one. Arkady has a much larger influx of buyers. Why?
Product recognition is an integral feature of the success of its manufacturer. What makes a product recognizable? Isn’t TM a coincidence? Beautiful packaging is good, but how much does it make your product recognizable? From a legal point of view, packaging can also be protected as intellectual property. For example, the famous bottle of Coca-Cola. But Ukrainian legal practice shows that packaging is an ineffective way to both ensure the recognition and protection of their product in the market (but possible!). TM remains a classic and one that has justified itself.
The use of letter, verbal and graphic elements remains a classic way of depicting TM. Its use on the packaging or sign of the store allows the consumer to see you among others. TM is a message that you not only recommend what you sell, but also guarantee its quality. It can’t attract a buyer. By purchasing a product or using a service that has attracted the attention of its buyer, the latter will already know who to contact in the future. Therefore, in the event of a change in the place of sale of your goods or the provision of services, the consumer who recognized you will know where to look for you or your product.
In addition, the registered TM will not only officially confirm your right to use it, will help to individualize your product (service) in the market, stimulate their demand and conquer new markets, as well as give the exclusive right to use the TM, including by banning, appealing to courts or law enforcement agencies and bringing violators to justice.
Also, in the future, you, as the owner of the TM, will be able to transfer the exclusive rights to the TM to other entities for a fee, which will be not only a means of obtaining additional profits, but also a means of promoting your business. Otherwise, if someone without your consent will illegally use your registered TM, you will always be able to recover in court the damage that was caused to you as a result of improper use of your registered TM.
The procedure for registration of TM is quite long in time and requires special care. The application itself, which you need to submit for the registration of TM, can be made as a single document or their package – it all depends on the amount of information you need to specify in it.
When registering a TM you will need to pay a fee and a fee. The amount of the fee is determined in each case separately. Its size is affected by the number of applicants, the number of classes MKTU, as well as color is TM or without color. If you know all this information, you can calculate it yourself with the help of a calculator of fees for applications for marks for goods and services, posted on the website of the Ukrainian Institute of Intellectual Property: https://base.uipv.org/signs_calc/.
Since 2015, an online system for electronic submission of applications for the mark for goods and services has been put into operation. Its significant advantage is that when you use it, you get rid of paperwork and this makes the procedure faster. In addition, when submitting an application through the e-office, the amount of the fee is automatically reduced by 20%, which is important. Therefore, if you have an electronic signature, you can significantly save and simplify the process of registration of TM, using the online system of electronic application for the mark for goods and services.
As a result, you will receive a certificate valid for 10 years, which is counted from the date of application, and can be extended by submitting an application. And even if your certificate has expired and you have not renewed it, no one but you will have the right to re-register your TM within three years.
Neofelis Lo Group provides trademark registration services for goods and services, including through the use of an online electronic filing system for trademarks for goods and services. We submit an application for registration of TM and further support of registration of TM is carried out by us with minimal care on your part. Our work experience will significantly save you time and money, as well as reduce the risk of failure when registering a TM.
Lawyers of our Bar Association will provide comprehensive legal support for trademark registration: we will advise on all issues related to TM registration; determine the possibility of registration of the designation as a TM, its identity and similarity with others; if necessary, we will provide recommendations for the completion of the TM in case of detection of such; we consult and select classes in accordance with the 11th edition of the ICTU; we will quickly and qualitatively compile the necessary package of documents and submit it to Ukrpatent.
So to be or not to be TM in your case? Definitely up to you. And we are always ready to help you in this matter. Contact us – we will always be happy!
Lawyer Ekaterina Tarasova
Phone: + 38 (050) 471-77-71
neofelis.com.ua/new
Email: neofelis.lg@gmail.com