16 March, 2021 Company news

Preliminary refusal to register a trademark is not a doom

It is known that during the state registration procedure the trademark undergoes formal and qualification examinations, which the registration body of Ukrpatent has the right to, in particular, require the applicant to provide additional materials, if without them examination is impossible, or in case of reasonable doubt any information or elements contained in the application materials.

During 2020-2021, during the qualification examination, Ukrpatent will increasingly send applicants notifications of possible refusal to register your trademark.

What does it mean? The registrar expert has doubts about the TM if: many goods and services are selected within one or more classes, which misleads consumers; or the trademark is so similar to the already registered (ie international) that it can be confused; or if the TM contradicts the principles of humanity, morality or public order (the name or image promotes aggression, humiliation of the person, calls for anti-national actions, etc.).

The legislation of Ukraine provides for the possibility of preparing a reasoned objection to the previous refusal to register a trademark.

There are appropriate methods and rules for filing objections against the previous refusal of Ukrpatent. Specialists in the field of intellectual property of the law firm "BLISS" collect a package of documents to protect your TM, depending on the grounds for prior refusal, which may be: lease agreements, cooperation with manufacturers, license agreements, data on long-term use of the trademark in Ukraine (production , exhibitions, maintenance of social networks and sites), etc. evidence to help protect your trademark

We emphasize that in case of non-submission of objections to the notification of Ukrpatent on possible refusal to register the trademark, the TM is no longer registered, the trademark application is considered withdrawn, and the paid payments are not refunded, but the time spent on registration (approx. Two years) consider wasted in vain.

As there are limited time limits for filing such objections (only 2 months), we recommend that you do not hesitate to contact the lawyers of Bliss Law Firm immediately to provide a reasoned response and increase the chances of obtaining a certificate of registration of your trademark.


(с) Yours #вогненна_адвокатка