29 October, 2020 Company news

Refusal of part of the goods or services under the TM certificate

The owner of the trademark registration certificate, having received it in accordance with the established procedure, has the right to refuse part of the goods or services declared in the certificate.

The procedure for conducting such a refusal is established by the regulation on the State Register of certificates of Ukraine for marks for goods and services, approved by order of the Ministry of education and science of Ukraine No. 10 of 10.01.2002.

Thus, the owner who wishes to refuse part of the goods or services under the certificate of TM submits to the state enterprise "Ukrainian Institute of intellectual property” (Ukrpatent) an application for complete or partial refusal of the certificate, which must contain the Certificate Number, Application Number, Date of filing the application, name or full name and address of the owner (s) of the certificate, correspondence address, list of goods and/or services in respect of which partial refusal of the certificate is carried out, list of goods and/or services that remain.

The application must also indicate that the person using the mark on the basis of the license agreement has been warned about the refusal of the certificate, as well as information about the absence of seizure of property, which includes the rights certified by the certificate.

For submitting such an application for refusal of part of the registered goods and services to the state enterprise "Ukrpatent", a fee of UAH 1,600 is paid.