Trademark infringement monitoring

Why is it important? After all, Ukrpatent conducts an examination, and if a conflicting trademark is filed by another person, he must refuse registration of such an application without any participation of the TM owner. That's right! Expertise is being carried out. And in most cases, she really can handle it on its own.

However, situations are not always so obvious. Sometimes, the similarity of trade marks is far from noticeable at first glance, and an expert can’t foresee a possible conflict. For example, if you have used a trade name for a long time without registration, and another person has applied for registration of this designation as a trademark. Expertise can only find this information on the Internet, but this is still very subjective. In such a situation, the owner can file an objection, notify the examination of his earlier rights and obtain a refusal to register the trademark.

The examination always carefully examines the objections filed. The person who received this objection has the right to respond to it within 2 months from the date of its receipt. In the end, the examination examines the arguments of all parties and makes its own decision. Also, it is important to note that if the objector does not agree with the final decision of the examination, there is a possibility of filing another objection to the Appeals Chamber, already against the decision of the examination. This option is available only if the opposing party filed objections at the stage of consideration of the application.

Our technology will help to identify similar designations in the required class and will inform you in case of filing an application for a conflicting trademark. The monitoring is carried out within one calendar year and involves four reports for the owner of the trademark.