What can be registered as a trademark? A trademark may be any word-picture (word, set of letters, phrase), image (picture, icon) or combination of word and image. What do you need to do before registering a trademark? Due to the fact that it is prohibited to register the same trademark by several persons in relation…
Is it possible to register a trademark in all ICGS classes?
Yes, it is technically possible, however: – It will require substantial funding; – there is no need for this. It will not significantly affect the breadth of protection, and in case of non-use of the trademark in certain classes, interested persons may file a claim with court regarding the deprivation of the rights to a…
Do I need to register copyrights? How to register copyrights?
According to Part 2 of Article 11 of the Law of Ukraine “On Copyright and Related Rights”, the copyright of a work arises immediately upon the creation of such work, i.e. no registration of the rights is required. However, from a legal point of view, it is important to have evidence of who created a…
How to register copyrights to the work of a closed one?
If you want to register the copyright of a relative, who left behind a number of literary works, you can do it in the form of copyright registration of a collection of the works: as a result, you become the author of the collection, and your relative remains the author of the works in it.
Appealing the decisions regarding the declaration of ownership right to intellectual property item in Ukraine
The decisions on declaration of ownership right to the intellectual property item (trademark, invention, utility model) and on recognition of the mark for goods and services as well-known ones shall be made by the Ministry of Economic Development and Trade of Ukraine. When the ministry makes a negative decision on these issues, an appeal against…
Transfer and re-registration of intellectual property rights to a trademark in Ukraine
In case of the purchase of rights to a trademark (or any other item of intellectual property) an appropriate agreement shall be concluded between the parties that defines the conditions for the transfer (alienation) of the rights: to which mark the rights are transferred (alienated) exactly, the scope of rights to be alienated, for which…
Non-use of the mark for goods and services
After registering a trademark, you need to use it. Otherwise, any interested person may apply to the court with the request to cancel the registration of rights to the corresponding mark for goods and services (in accordance with Part 4 of Article 18 of the Law). Recommended articles on other topics: How to establish…
Which classes of the International Classification of Goods and Services (ICGS) to choose for trademark registration?
There are currently 45 classes of ICGS (international classifier of goods and services) in total. 34 classes of these are goods, 11 are services. Registration of a trademark is made in a class that corresponds to the industry in which you conduct your business. Effectively closed projects in intellectual property by lawyers (records starting…
Trademark and royalty in Ukraine
Royalty means the payment that the trademark owner receives for providing third parties with a license to use the trademark. The owner of the trademark is quite often a non-resident from a country with minimum taxation. As a result, the tax rates lower than in Ukraine are imposed on the money, which he/she receives in…
Cybersquatting in Ukraine
Cybersquatting means registering a domain name without a registered trademark in order to sell the domain to an interested person. Faced with such a situation, it is necessary to clearly know: that the use of a designation identical to a registered trademark in the domain name means the use of such trademark. Therefore, if the…