УМОВИ НАБУТТЯ ПРАВОВОЇ ОХОРОНИ ТОРГОВЕЛЬНОЇ МАРКИ

Legal protection is granted to a sign that does not contradict public order, principles of humanity and morality and which is not subject to the grounds for refusing to provide legal protection established by the Law of Ukraine "On Protection of Rights to Marks for Goods and Services."

The ownership of the trademark is certified by the Certificate. The validity of the certificate is 10 years from the date of filing the application to the Institute of Industrial Property of Ukraine (Ukrpatent) and is extended by the Office at the request of the certificate holder each time for another 10 years, subject to payment of the fee.

The amount of legal protection provided is determined by the image of the brand and the list of goods and services entered in the register.

The applicant is entitled to receive a certificate, whose application has an earlier filing date.

Grounds for refusal of legal protection:

• Cannot obtain legal protection for designations that depict or imitate:
state emblems, flags and other state symbols (emblems) of the official names of states;
• emblems, abbreviations or full names of international intergovernmental organizations;
• official control, warranty and assay stamps, seals;
awards and other insignia.

Such designations may be included in the mark as elements that are not protected, if there is consent from the relevant competent authority or their owners. The competent authority regarding the name of the state is a collegial body formed by the Institution.

Also, the following designations cannot be legally protected:

• do not have a distinctive ability and have not acquired such as a result of their use;
• consist only of symbols, which are commonly used as symbols of goods and services of a certain type;
• consist only of signs or data that are descriptive when using or relating to the goods and services specified in the application, in particular, indicate the type, quality, composition, quantity, properties, purpose, value of goods and services, place and time of manufacture or the sale of goods or services;
• are false or may be misleading about a product, service or person producing a product, or providing a service;
• consist only of symbols that are commonly used symbols and terms;
• reflect only the form, which is due to the natural state of the goods or the need to obtain a technical result, or which gives the product a significant value.

Can not be registered as signs symbols, identical or similar so that they can be confused with:
• marks previously registered or applied for registration in Ukraine in the name of another person for the same or related goods and services;
• signs of other persons if these marks are protected without registration on the basis of international treaties to which Ukraine is a party, in particular marks recognized as well known in accordance with Article 6 bis of the Paris Convention for the Protection of Industrial Property (995_123)
• trade names known in Ukraine and belong to other persons who have obtained the right to them before the filing date of the application to the Office in relation to the same goods or services related to them;
• qualified indications of the origin of goods (including spirits and alcoholic beverages) protected in accordance with the Law of Ukraine "On the Protection of Rights to Indicate the Origin of Goods" (752-14). Such signs may only be elements that are not protected, signs of persons entitled to use these signs;
• marks of conformity (certification marks), registered in the prescribed manner.

Not recorded as signs symbols that reproduce:
• industrial designs, the rights to which belong to Ukraine to other persons;
the names of works of science, literature and art known in Ukraine or quotations and characters from them, works of art and their fragments without the consent of the copyright holders or their legal successors;
• surnames, first names, pseudonyms and derivatives of them, portraits and facsimiles of persons known in Ukraine without their consent.