General Information

Acts of the Effective Legislation:

Civil Code of Ukraine of 16.01.2003, chapter 44.

Commercial Code of Ukraine of 16.01.2003, articles 157-158.

Law of Ukranine “On the protection of rights on trademarks for goods and services” of 15.12.1993.

Decree of the State Department of Itellectual Property “On the enactment of Rules of the compilation, submitting and examination of claims for the trademark registration and issue of the certificate of trademark regostration” of 28.07.1995.

Full List

Title of Protection: Certificate of Trademark Registration.

Term of Protection: 10 years with the possible extension for the next 10 years. Intellectual Property rights on the registered trademark are valid fromthe date of filing of the registration claim.

The extent of protection of the owner of rights is defined according to the trademark design and the list of classes of goods and services as stated in the registration claim.

Пthe Warning Marking:

-- «trade mark» – is used upon the filing of the registration claim, till the date of trademark registration and issue of the regostration certificate. This sign is to forewarn that the trademark in currently under the examination for the registration.

® -- «registered» – is used upon the issue of the trademark registration certificate and confirms that the owner of trademark is the proprietor all the exclusive rights.

The Rights of the Owner of Registered Trademark:

1) Right on trademark’s exploitation at the discretion of the right owner;

2) Exclusive right to permit the trademark’s exploitation;

3) Exclusive right to prevent the unlawful trademark’s exploitation, including the right to forbid such an exploitation;

4) Other intellectual property rights as stipulated by the laws.

Herein, the exploitation includes:

  • marking the goods, for which the trademark is registered for, packaging used for such goods, any goods-related signboards, labels, facings, tags, other goods-related object-matters; storage of goods marked with the trademark, for the purpose of offer for sales; the offer of goods for sales; import, export;
  • use of trademark with regard to any of services, for which the trademark is registered;
  • use of trademark in business documentation, advertisement, in Internet, including the domain names.

The trademark is considered to be exploited if it is used in the form as registered or in other form if such does not differ from the registered image considerably and if such an exploitation does not affect the distinctivness.

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