How to declare a brand as a well-known trademark and what it gives?
A well-known (trademark) is a sign used over a long period of time on a specific territory, that has become widely known mark to a particular consumer.
According to the legislation of Ukraine, well-known in Ukraine can be admitted:
Trademarks which have received legal protection in the territory of Ukraine as marks for goods and services;
Trademarks that have received legal protections on the basis of the international registration in Ukraine;
Designations that are actually used as a trademark but do not have legal protection (unregistered designations).
Trademark recognition of a well-known brand gives its owner significant benefits:
- the owner has the right to prohibit its use (image) on any goods and services that are inconsistent with those for which the trademark is recognized as well-known (that is, even similar to TM in other classes of Nice Classification);
- the validity of a well-known trademark is unlimited, unlike a regular trademark;
- rating and recognition are increasing quite significantly among consumers of relevant goods and services;
- the proprietor of a well-known trademark has the right to demand the prohibition of the use of the mark if its component reproduces a well-known mark.
To learn how to make a Well-known trademark, where to go and what's the procedure to obtain a well-known trademark status -read in the next article, subscribe and follow the news of Bliss Law Firm to stay up-to-date with legal news about brands and business.