Registration of a trademark
What does exactly "branding" (trademark sign for the goods and services) mean?
Brand - it usually symbol is used to distinguish goods or services from one manufacturer of the goods or services from another manufacturer.
What distinctive features should have a trademark?
Basically, there are two distinctive properties of a registered trademark: it must have distinctive character and must not mislead consumers as to the manufacturer or place of production. Ukrainian legislation established the grounds for refusal of registration of a trademark. These bases are based on the above, the properties of brands.
What types of signs may be registered as a trademark?
The verbal marks consisting of words, letters, numbers, abbreviations or names, such as names. We need only recall the famous automobile manufacturer, Ford, called, of course, in honor of Henry Ford, who built its first car; then there is a company WH Smith Publishers, etc. We meet with many names used as a brand. We also meet with abbreviations such as IBM. trademarks may also be formed as emblems or figurative elements, as in the case of oil Shell Oil Company.
Trademark registration can also be carried out if the designation is three-dimensional, for example, representing the packaging of goods or the goods themselves.
Furthermore, there may be, of course, reserved symbols and colors, registered as trademarks.
Lately, we meet with new kinds of brand:
is a trademark in the form of a hologram. If you look, for example, a credit card, you will see a small image that changes depending on the angle from which you look at it;
may be registered trademark in the form of a separate notation which is applied to the product in a particular location, for example, side seam sporting Trouser delivered three equal strips. This so-called positional trademarks;
there are also sound marks. can be registered, as brand radio call sign, musical backgrounds to television programs, music or sound advertising a certain product or service.
In some countries there are even smell marks. Certain smell can be registered as a trade mark for certain goods. For example, the smell of a rose or lavender for bedding or yarn for knitting.
Which names can be considered as those which have a distinctive ability to:
To notation, which is registered as a trade mark, considered as such, which has a distinctive character, it must be inherently capable of distinguishing the goods and services. A good example would be the word "Apple - apple".
word "Apple" has good distinctiveness as a trademark for a computer, because the word has absolutely nothing to do with computers, but it will not have the distinctive ability to own apples. In other words, one who grows and sells apples, can not register the word "apple" as a trademark and protect it, as its competitors should be able to use this word to describe their own goods - apples. Therefore, generally speaking, a trademark is not recognized as having distinctive character if it is descriptive. It is descriptive, if describes the nature or type of goods or services for which it is used.
trademark can also be misleading, namely, when he says the quality of goods they do not possess.
Usually misleading trademark is one that says that the goods for which it is used, possess certain qualities that actually they do not. An example could be the trademark " Leather " for goods that are not made??of real leather. Another case in which the trademark claims specific geographical origin of the goods, which is not true, for example, the name used for Bordeaux wine, which in reality is not produced in the Bordeaux area, then it is also considered to be misleading trademark.
One of the key issues raised above is that, in assessing the distinctive character notation for a trademark, it must be read in conjunction with the goods or services for which it is intended labeling. Sometimes people try to give a distinctive character to the trademark through the use of fictional words. One of the most famous examples of this is the trademark KODAK.
Obvious that companies spend big money to create their brands. How does they prevent others from using these characters?
All depends on legislation about Signs of countries in which protection is sought. However, the most common means of protecting trade brand is its registration in the Register of Trademarks, and a large number of countries, which is the main condition for the registration of this trademark protection. In Ukraine, such an approach. First character must be registered, and as soon as it is registered and has issued a certificate of Ukraine to sign for the goods and services it is protected, and its owner has the right to prevent others from using it. However, registration is not the only means of protecting the brand. Some countries are also protected by unregistered marks, but it is less reliable form of protection as an unregistered mark is not protected until then, until he gained enough recognition and reputation in the market, which can take considerable time after the initial launch products.
However, if you start to sell your products on the market under a new brand name, which no one knows, this brand will be very vulnerable. You can qualify for the protection provided by the laws of unfair competition, but in this case, the most important point is that the sign must acquire reputation by using.
Does it possible ensure brand "world armed" with a single registration, or it must be handled separately in each country?
Yes, you have to go to each country separately because, like all intellectual property, trademarks get territorial protection, essentially means that their protection is granted to the national registration.
There are some regional registration systems that simplify registration brand and, of course, there are international treaties, but all these systems eventually require registration in each country and in each territory: we must not forget that in addition to the possibility of registering brands in the countries they can also be registered at the customs territories, and that there are some other areas that are not recognized as a country.
What does "customs territory" mean?
Yes, there are certain areas that are not recognized as a State and can not, for example, to become members of the United Nations.
However in these areas there is a certain administrative structure, and the registration of trade marks may be possible. A good example is Hong Kong, which has a system of registration of trade marks, which differs from the registration system in the People's Republic. If you wish to obtain protection for their trademark in Hong Kong, you have to go through the procedure of local registration.
So, it is necessary to obtain protection for the brand in each of the countries in which you want to use the mark. Unfortunately, national systems differ widely. WIPO has made great efforts to make for both national and regional trademark registration systems more "friendly" by harmonizing and simplifying certain procedures.
In 1994 was adopted the Treaty on the Law of Trademarks (TLB), establishing what information should provide the citizens of one State party, as well as the procedures that they must use in order to register a trademark with the Office for trademark of another State Party. Currently a revision of the contract, which was adopted at the Singapore conference - " Singapore Treaty" -2006 Year.
Is the registration of trade marks great diversity in the legislation of different countries?
differs. Despite this same basic principle: you are applying for registration, the application is reviewed and you expect a decision on registration. If we consider the registration procedures in more detail, you will find a huge number of differences, especially with regard to the formalities to be observed. Some countries require the provision of large amounts of information and other material related to the subject, which must be submitted together with the application for registration brand, while other countries in this regard are less demanding.
In addition, the question of whether the trademark distinctive character, or whether its distinctiveness sufficient to a large extent depends on the countries themselves and from the national authorities, which carry out the processing of the application for registration of a trademark. To some extent, this is certainly fully justified, since the presence and absence of signs of proving distinctiveness or misrepresentation, depend on the socio -economic conditions, which may be different in different countries. For example, a common reason for exclusion from the scope of trademark protection is its incompatibility with the public interest or the principles of morality, but the question of whether or not contrary to the public interest trademark or moral principles, interpreted in different ways in countries with different cultural traditions. So here you are faced with a number of different approaches /
What is the procedure of registration of the trademark in Ukraine?
trademark registration procedure in Ukraine is determined by the Law of Ukraine" On Protection of Rights to Marks for Goods and Services" and the Rules for submission and consideration of applications.
Simplified procedure for trademark registration consists of the following stages: filing an application; establishing the date of filing; examination of the application materials for compliance with formal requirements (preliminary examination ); examination of the mark for compliance with the conditions for granting legal protection ( substantive examination ); adjudication of registration or refusal to register a designation; publication of the registered trademark and its registration in the State Register; issuance of certificates of Ukraine on the mark for goods and services.
The filing fee is paid. Its size and method of payment is regulated by the Cabinet of Ministers of Ukraine from December 23, 2004, with changes of the Cabinet of Ministers of Ukraine dated September 19, 2007.
How long does the procedure for registration of the trade mark in Ukraine?
trademark registration procedure takes an average of 12 months.
Can I speed up a certificate of Ukraine to sign for the goods and services?
Yes expedite issuance of a certificate possible. There are special rates. Thus the shortest time - Can be 3 months. But this is the case. If there are no problems related to the terms of legal protection.
What is the first step for the registration of the trade mark in Ukraine?
first step for trademark registration is undoubtedly its creation. It should be remembered that the designation, which later will be registered as a trademark must be original, reklamosposobnym, have an attractive appearance. This designation should attract the attention of consumers and, most importantly, have a distinctive character, not be false ( misleading ), not to mislead consumers as to the manufacturer of the goods or services, as well as in relation to the place of production, and not in conflict with humanity, morality and public order.
second step - conducting the search for identity and similarity with respect registered and submitted for registration in Ukraine signs an earlier filing date ( priority ). It should be remembered that Ukraine is a party to international agreements - Madrid Agreement Concerning the International Registration of Marks and the Protocol to this agreement. This while conducting a search must take into account existing international registrations in Ukraine.
third step - preparation and submission of its application to the Office.
If the previous three stages performed with all the requirements of the legislation, the fourth step - this trademark registration and issuance of certificate.
What you need to do to get the international trademark registration?
Brief - apply in Ukraine!
What rights have the certificate holder to the registered trademark?
Under the Civil Code of Ukraine:
Stattya 495. Intellectual property rights to the trademark
intellectual property rights to a trademark have:
right to use the trademark;
exclusive right to allow use of the trademark;
exclusive right to prevent the improper use of the trademark, including prohibit such use;
other intellectual property rights established by law.
Intellectual property rights of trademark belongs to the owner of the relevant certificate holder of the international registration, the person whose brand is recognized in accordance with the law are well known, unless otherwise provided by the contract.
How long does a trademark registration?
trademark certificate is valid for 10 years from the date subsequent to the date of application, and may be extended in the manner prescribed by law for an unlimited number of ten-year periods.
Do responsibilities in the certificate holder to sign for the goods and services?
certificate holder shall in good faith use their trademark. Legislation provides that if the owner does not use a period of three years from the date of registration ( publishing information about registration) trademark or insufficient use it on all goods (services ), or part of, any person may apply to the court for termination of the certificate.