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ASSISTANCE trademark registration
PRIVATE LAW FIRM
"Elite Consulting"
Belan Dmitry Anatolyevich 
Relations arising in connection with the acquisition and implementation of the ownership of the marks for goods and services (hereinafter - the "Marks") in Ukraine are regulated by the Law of Ukraine "On Protection of proprietary rights for goods and services" № 3689-XII as amended (hereinafter "Law"). Mark - a designation which the goods and services of one person are different from the goods and services of others.
Ownership of the mark to certify evidence. Indication of Ukraine to the sign for the goods and services is a semi-official protection document issued on behalf of the State by an authorized body - the Governmental Department of Intellectual Property (hereinafter - the "Patent Office"). Certificate shall be valid 10 years from the date of application and lasts for the request submitted by the owner, just 10 years old. The number of prolongations is not limited to the laws of Ukraine.
The object of the sign can be verbal, visual, three-dimensional and other designations or combinations thereof, made all sorts of color or combination of colors.
Legal protection is provided signs that are consistent with the public interest, principles of humanity and morality, and which does not apply a basis for denial of legal protection.
They can not get the following picture of legal protection:
armorial bearings, flags and emblems;
official names of States;
Emblems, abbreviated or full names of international intergovernmental organizations;
official control, warranty plus hallmarks, stamps;
awards and other distinctions.
However, it should be noted that such designations may be included in a sign of how not only protected items only under the following conditions:
they do not occupy a dominant position in the sign;
to use them, as a sign element has unanimity of the competent authority of the State or its owner.
In Ukraine, the body authorized to dispose of such permits is the Interdepartmental Commission on the harmonization of the legal protection of signs for the goods and services created plus approved Resolution of the Cabinet of Ministers of Ukraine № 151 from 14.02.2001g.
do not have distinctive abilities;
in general use as designations of goods and services of a certain kind;
in general use symbols and terms, but such images can be included in the sign does not seem to protected elements, if they do not occupy a dominant position image;
is misleading, ie those which may mislead consumers regarding the product, service, or face, producing goods or providing the service.
The certificate gives its owner the exclusive right to use and dispose of the sign at its discretion, or prohibit others from using the registered mark without his consent. certificate owner has the privilege to put down next to the sign preventive marking indicating that the mark has been registered in Ukraine.
Registration of a mark begins with the duly executed application in a specially authorized body on intellectual property issues.
Application - a set of documents required for the issuance of the certificate. The application shall only touch of only one sign.
The application is made in the Ukrainian language and must have:
statement of registration of the mark;
the image of the claimed mark;
the list of goods and services for which the applicant seeks to register the mark.
The requirements for the composition, execution and filing of the application to determine the "Rules of drawing up, filing and consideration of an application for issuance of a certificate to sign for the goods and services", registered in the Ministry of Justice of Ukraine № 416/2220 from 22.03.1997g. A person wishing to obtain a certificate and having the right to do, is applying for his extradition to the State undertaking "Ukrainian Institute of Industrial Property" (UPTO), adopt and implement applications for consideration. Applications are submitted directly to the Ukrpatent or sent to the address: Ukraine, Kiev-119, st. Families Khokhlov 15.
At the behest of the applicant, the application may file a representative for intellectual property (patent attorney), registered in accordance with the "Regulation on the representative in intellectual property matters (patent attorney)," approved by the Cabinet of Ministers of Ukraine of 08.10.94, № 545 or more authorized face. Shall be accompanied by a document confirming payment of the filing. Terms and schedule of payment of fees for filing an application, only their size seem determined "Regulations on the procedure for the payment of fees for activities relating to the protection of the rights of intellectual property", approved by the Cabinet of Ministers of Ukraine of 22.05.2001g. Number 543. According to the Regulation, the certificate of payment of the fee for filing an application is forced to proceed simultaneously with the application or within a couple of months from the filing date.
If the application is filed by representatives of the applicant, that it be accompanied by documents confirming the powers of the finishing.
If the applicant wishes to take advantage of the privilege of conventional priority under the Paris Convention for the Protection of Industrial Property, it has to attach the following documents to apply:
declaration of priority with reference to the filing date and the number of the previous application submitted to the appropriate authority of the State - party to the Paris Convention;
a copy of the previous application, certified by the relevant authority.
These documents must be submitted in Ukrpatent immediately with the application materials or within three months from the filing date.
If the applicant wishes to use the right the sign of priority used in the exhibit, exhibited at official or officially recognized international exhibitions held in the territory of the state - party to the Paris Convention for the Protection of Industrial Property, that the application, he must attach a document confirming the display of goods marked with this sign on exhibitions.
The procedure for examining an application for a sign for the goods and services identified "Rules of drawing up, filing and consideration of an application for issuance of a certificate to sign for the goods and services", registered in the Ministry of Justice of Ukraine № 416/2220 from 22.03.1997g.
After the filing date of the mark for goods and services and the formal examination, the qualifying examination of the application is carried out, during which the ratio of the claimed designation checked the conditions of granting legal protection.
On the basis of the decision on registration of the plus sign in the presence of the act on the payment of state fees for the issuance of certificates, shall publish information about the issue of the certificate in the official bulletin of the State Department "Industrial Property". Simultaneously with the publication, carried out state registration of the mark. Issuance of certificates is carried out by the State Department within a month after the state registration of the mark.
In addition to obtaining legal protection in Ukraine, the mark protection can be obtained in other countries. There are a couple ways to obtain such protection:
First, the route of application to the appropriate authority of the empire, in which the applicant wishes to obtain protection. In this case the procedure is regulated by the normative acts of a foreign state.
Secondly, to register the mark in foreign countries in accordance with the Madrid Agreement Concerning the International Registration of Marks, plus the Protocol to this Agreement. In this case, the application, indicating therein the list of countries in which the applicant wishes to obtain the legal protection, is fed through Ukrpatent. The procedure for filing an application for international registration of marks under the Madrid Agreement, is regulated by "Rules of compilation, filing and consideration of an application for issuance of a certificate to sign for the goods and services", registered in the Ministry of Justice of Ukraine № 416/2220 from 22.03.1997g.
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