01 February, 2021 Company news

Checklist before registering Trademark

For selection purposes and before registering your mark for goods and services (hereinafter referred to as a trademark, trade mark, TM), it is recommended to check the following five points:

  1. Make sure the trademark you choose meets all the legal requirements for registering it.
  2. Carry out a search among existing trademarks to make sure that they are not identical or confusingly similar to existing trademarks.
  3. Make sure the brand is easy to read, write, pronounce and remember, and can be used in all advertising media.
  4. Make sure the mark is not perceived to offend certain people or their religious beliefs, does not express contempt for their cultural heritage, and does not have unwanted connotations in your language or one of the languages ​​of your potential export markets.
  5. Make sure that an appropriate domain name (ie Internet address) can be used for registration.

In addition, according to the legislation of Ukraine, designations depicting or imitating the following cannot be registered:

  1. State emblems, flags and other state symbols (emblems).
  2. Official names of states or international letter codes of countries;
  3. Emblems, names of international intergovernmental organizations;
  4. Official brands and seals;
  5. Awards and other distinctions.

Also, designations that:

  • do not have distinctiveness and have not acquired such a result of their use;
  • consist only of designations that are common, descriptive, deceptive;
  • reproduce the name of a plant variety registered or applied for registration in Ukraine or in accordance with an international treaty of Ukraine;
  • contain geographical indications registered or applied for registration in Ukraine or which have been granted legal protection in accordance with an international treaty of Ukraine.