A trade mark (also known as a trademark, brand, or service mark) is a unique designation that allows you to identify your goods or services and distinguish them from those offered by competitors. Globally, legal protection of a trademark is established on the basis of a certificate or registration decision issued by an authorised state body for a period of 10 years with the possibility of unlimited extension.
Advantages of trademark registration:
- Legitimate use
A registered trademark ensures that you can legally use your mark without the risk of receiving claims or fines from regulatory authorities or third parties.
- Business development in the legal field
With a certificate, you can:
- To grant the right to use the TM under franchise or licensing agreements.
- Transfer ownership rights or make a contribution to the charter capital of a brand.
- Conduct joint projects with partners, using the trademark as an asset.
- Domain name registration
Having a registered trademark simplifies the process of obtaining a domain name, for example, in Ukraine in the “.ua” zone, which is a prerequisite.
- Protection against counterfeiting
Registration of a trademark allows it to be included in the customs register, which will simplify the fight against counterfeit products at the border.
- Accounting for intangible assets
A trademark may be recorded on a company’s balance sheet as an intangible asset that increases its market value.
- Warning labelling
You are entitled to use the symbols ® (registered) or (™) (pending registration) to indicate that the mark belongs to you.
- Legal protection in court
The owner of a registered trademark may enforce its rights in court and claim compensation for damages or lost profits for its unlawful use.
The main stages of trademark registration:
Selecting the type of TM
Firstly, we will help you figure out what form of trademark you will register: graphic, verbal, combined, etc. It is also important to choose the classes in which the trademark will be protected, or in other words: for what goods or services you will need to obtain protection for your brand.
Preliminary search
At this stage, they check whether there are any similar or identical marks. If similar registered TMs are found, this may lead to a refusal of registration. Thanks to the preliminary search, you can make changes in advance (if possible), saving time and money.
Submission of the application and payment of fees
If the search confirms that the chances of successful registration are high, an application is prepared and submitted to the competent authority. At the same time, the state fee is paid (the amount depends on the type of TM, number of classes, number of applicants, etc.)
Expertise
The application is checked for formal and qualification requirements. Based on the results of the examination, a decision is made: to grant legal protection to the trademark or to refuse (in whole or in part). In the event of a preliminary refusal, experienced specialists can help prepare arguments and supporting documentation for an opposition.
Publication and issuance of the certificate
After a positive decision, an official publication is made, and the applicant is subsequently issued a certificate of trademark registration. This document confirms your exclusive right to own and dispose of the trademark.
Key caveats
- Territorial coverage
A trademark is protected only in the country where legal protection is granted. If you plan to enter international markets or operate in different countries, you should consider registering under the Madrid system or other international procedures. We will help you choose the best way of international registration, conduct an audit and prepare the necessary recommendations.
- Validity period and renewal
The certificate is valid for 10 years and may be repeatedly renewed for the same period, subject to timely payment of the relevant fees.
Conclusion
А registered trademark is your reliable legal shield that protects the uniqueness of your brand and opens up additional opportunities for business development.
If you have any questions or need assistance at any stage of the registration process, do not hesitate to seek advice from intellectual property lawyers. This is your first but extremely important step towards the success and safety of your brand!