Who can register TM: requirements for the owner in Ukraine
Task: there are two people in front of you. One of them has a trademark, the other doesn’t. Find ten differences. “That’s funny”, you say. But only at first glance. Who is the man who ventured to dive into the depth of bureaucracy and register his TM? Here is his rough portrait.
The TM owner has come a long way
To register his trademark, he checked the logo and name in the database of the Ukrainian Institute of Intellectual Property and submitted his application for registration. Of course, some documents were needed. Confused with duties, went through the examination procedure, and finally received a certificate of the trademark owner. At the same time, he received compulsory publicity in the press – the official bulletin of the State Intellectual Property Service “Promyslova Vlasnіst”.
He knows his rights
In the evening you go through social networks, while the TM owner reads the laws. His favorite is the Law “On the Protection of the Rights to Marks for Goods and Services”. He learned that:
– may use the trademark in any way;
– may prohibit others from using it without permission;
– has the right to file claims against unauthorized use and receive compensation from the violator;
– can get a top-level domain .UA;
– must put a warning label;
– and also, within the framework of the law, can compete with the guys who created very similar TM.
This guy is responsible
If you are the TM owner, then use it fairly. So, it should not harm other people, the environment, the interests of society, etc.
If things didn’t go as successfully, as we would like, and the trademark has not been used for three years, he is ready to fight with any competitor for his TM rights. The main thing is to prove the guilt of circumstances or to show how carefully he prepared to launch his TM on the Ukrainian market.
The TM owner stand up for himself
His rights are protected by article 20 of the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”. Its violator is obliged to compensate the owner of the certificate considerable losses.
Do not forget to read more about who can register a trademark in Ukraine.