Brand, or, if you follow the legal terminology, a sign for the goods and services - is any sign or designation system firm or its products and services made in a graphic or literary style. With it you can separate the goods and services produced by one person from the goods and services produced by others. This exclusive can not get one. The procedure for trademark registration is time consuming, a lot of money, and most importantly - understanding the essence of such an object of intellectual property, as a mark for goods and services. It is frustrating to be easy to confuse it with a mass of related concepts: logos, corporate or brand name, brand, trademark, trade mark, slogan, logo. The main document, which identified key aspects of the application, registration and sign for goods and services (hereinafter - the brand name) is the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" (hereinafter - the Law). Legal protection is provided signs, not inconsistent with public order, principles of humanity and morality, are not subject to the grounds for refusal to grant legal protection by the law. What can not be the object of a trademark symbol can be any sign or combination of symbols. It may be, in particular, the words, including personal names, letters, numbers, representing the elements, colors and color combinations as well as any combination thereof. Ownership of the mark to certify a certificate. Certificate shall be valid for 10 years from the date of submission of the application in Ukrpatent and extended at the request of the owner of the certificate every time for the next 10 years, subject to payment collection. The list of grounds for refusal to provide legal protection for trademarks is given in Art. 6 of the Act. So, can not receive legal protection notation and images that mirror the state emblems, flags and other state symbols (emblems); official names of States, emblems, abbreviated or full names of international intergovernmental organizations, official control, warranty, and hallmarks, seals, awards and other distinctions. However, these signs may be components of the brand as objects that are not subject to self-preservation, if there is a consent of the owner or the appropriate authority. Competent authority, entitling them to use in the name of the State Signs, is a collegial body established as part of Ukrpatent. Can not receive legal protection as marks of goods and services of certain types and symbols, which consist only of general use names - ie, you can not register a trademark, say, "Jeans" and "Sugar." Like as two peas in a pod may not be registered as trade marks and that are identical or similar to trademarks earlier registered or filed for registration in Ukraine on behalf of another person for the same or related goods and services, brand names, known in Ukraine and belonging to other persons granted the right to them prior to submitting an application to the department a new challenger. That is, it is clear that no one will register a trademark Abibas. However, it does not register only in those classes within which the legal protection against the world-renowned manufacturer of sportswear and equipment. Register as a TM in the extraction of natural gas or telecommunications services, in principle, possible. The fact that after filing an application for trademark registration Ukrpatent searches for identical or similar marks registered in Ukraine or in the past the international registration procedure, but only within a specific class of legal protection. It is also not registered as trade marks indicate that reproduce industrial designs, rights belong to the Ukraine to others, the names of prominent works of science, literature and art, or quotations and characters from them, works of art and their fragments without the consent of the copyright owners or their successors, surname, first names, pseudonyms and their derivatives, portraits and facsimiles of persons known in Ukraine without their consent. On the last point is worth looking in more detail. Many people remember the scandal with the defense of the right to a pseudonym and stage winner of Eurovision Dima Bilan. Their right to the trademark "Dima Bilan" tried to defend the widow of the former producer of the singer Yuri Ajzenshpisa inherited from her husband's production center "StarPro, the copyright trademark. Viktor Belan (so called artist since childhood, "the passport") solved the problem simply: go to the passport office and changed the name because no one can challenge his right to do both. In the same way, incidentally, went and vocalist of the BI-2, whose passports in the "Last Name" flaunts nothing but a BI-2. So did singer Zemfira. The easiest option, among other things. But count on him, too, is not worth it. In the Ukraine several years ago was the case when the company tried to register a trademark, the name which was identical to the name and the names of famous singer Taisii Povaliy. The company tried to "go" on that brand was named after a popular singer is not as beloved neighbors and concurrently director of the company, which is on the passport and name. Realizing that in order to mislead the consumer and make a profit, many are ready to say goodbye to the name given at baptism, the Supreme Court then took the right decision: if your name is just as famous in the country man, you must obtain his permission to use it first and last name in the name of the future brand. How much is the registration of TM? Before you apply for trademark registration is necessary (but not necessarily) to conduct a preliminary search - it would be prudent to make sure that such a trademark (or similar to the point of confusion) are not yet registered or filed for registration by another person on these same class. If it turns out that such a trademark already exists (or filed for registration) in the selected classes of registration of your trademark, you can avoid wasting money and time. Suppose we know that nothing similar there. Hence, we can proceed to register the trademark. For a start count the costs. In Ukraine, the market took the registration of patent attorneys and patent offices, which are fond of telling how it is difficult and scary, and that only you can use them for something to count. And for the registration of a trademark certified patent attorney in Kyiv takes an average of 2000-2500 USD. But it does not end there. Must also pay a state fee of 1000 USD. for filing an application for each class of the International Classification, and a rare brand is subject to legal protection for one class - usually at least three. Plus the need to pay 500 UAH. for registration of a trademark if it is colored. Incidentally, the presence of state tax receipts when applying for optional - the money can not pay immediately, and within two months. Except for the application, where the full name of the applicant, character image, the classes within which the registration is declared, you must also submit a description of the brand and its image. On the first page of the statement is an empty space where you want to paste the image of the future brand. Regardless of whether this word or image in this box to paste a piece of paper measuring 8 x 8 cm, which should show off your baby. In the description on a separate sheet, simply specify the look of the sign for the goods and services. On the last page to again represent the brand. If this is the word picture, it is necessary to provide Ukrpatent 5 images, if graphic - 10. Within two months from the date of filing and paying state fees the applicant receives a decision (the priority certificate). But this is not the end - help provides a right to protect the brand, but the registration certificate must be obtained separately. Previously for him to again pay the legal costs - at $ 150 USD. for each application class and 85 USD. for self-certification. And you can get it only after 18-24 months. However, the procedure can be accelerated for an additional fee, but in this case, without services and links of a patent attorney does not do. But you can not spend money, because security is already available from the filing date pursuant to the right of priority. Anna Vojvodina
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