Such search is carried out by the State Department of Intellectual Proeprty in the course of the trademark examination. However, the claimant is informed on its results only in 1.5 – 2 years from the date of filing of the registration claim, in the course of the claim’s examination. By this time the claimant might have already made considerable investments in advertising as well as production of goods and/or providing of services, marked by the respective trademark. There is a risk that the registration claim can be rejected and/or the claimant unintentionally violates the rights of the third parties.
By means ofpreliminary search the claimant has the possibility to get the result prior to filing the registration claim (the term of preliminary search does not exceed 12 working days). Therefore, the claimiant saves not only the time but also the money.
The proessional specialized in intellectual property, is not able to give 100% guarantee of the successful trademark registration, unless the he examines the preliminary search results. The preliminary search results provide for the full information on the exclusive rights, valid on the territory of Ukraine with regard to trademarks. However, the preliminary search can only be ordered on the claimant’s request.
The preliminary search is carried out by the same state authority that carries out the registration claims’ state examination, i.e. the State Department of Industrial Property.
The preliminary search includes the examination of the following databases:
The result of the preliminary search is the report containing all the designations that are identical and/or similar to the trademark claimed. On the basis of the report the intellectual property specialist can conclude on the possibility of the trademark registration.