In this brochure, general guidance on legal protection of trademark in Ukraine is provided, including with regard to the process and requirements for proper registration, possible court actions for protection, fair use conditions, criminal, antimonopoly, and customs aspects of trademark usage.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Trademark Class 2 for Paints and Varnishes | DIY Business Trademark Research & Brand Protection| Protect & Earn value of your brands for your customers| What is a TM? What is a brand? Registering company names| Different types of trade marks
-Applying for a TM
-Applying for a SM
-Online TM Services
-Managing your trade marks
-Other people's TMs
-Trademark services
-Designs
-Copyright
-Other protection
Internet Domain Names| Acceptable and unacceptable trade marks
Contact Us 24/7
info [at] techcorplegal [dot] com
Your One Stop Solution Provider for All Your Intellectual Property Needs Ends Today !!
We are team of Registered Patent Attorneys, Indian Patent Agents certified by the Indian Patent Office, with law office in New Delhi, National Capital of India.
Are you an individual researcher or inventor with a new or improved innovation, idea, invention, product, or method, process or do you have a business and have coined a new name, slogan, or design you wish to protect by filing for trademark or design protection in India?
Are you a business owner and have a new product, method or service stream that will allow you to better survive in the competitive marketplace, or do you use a trademark or service mark properly while marketing your product or method?
Are you an patent attorney seeking reliable offshore patent counsel with a good track record and can file your clients patent applications with the Indian Patent Office?
To know more about Patent Filing Procedure before Indian Patent Office: Contact Us
Patent Filing in India will protect your technology from being copied by third party.Patent Office India in situated in Delhi, Mumbai, Chennai and Kolkata respectively. For Patent Filing in India, the inventor should discuss his invention with a techno-legal patent lawyer.
International trademark classes
GOODS
CLASS 1 (Chemicals) Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
CLASS 2 (Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages.
CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Trademark Class 2 for Paints and Varnishes | DIY Business Trademark Research & Brand Protection| Protect & Earn value of your brands for your customers| What is a TM? What is a brand? Registering company names| Different types of trade marks
-Applying for a TM
-Applying for a SM
-Online TM Services
-Managing your trade marks
-Other people's TMs
-Trademark services
-Designs
-Copyright
-Other protection
Internet Domain Names| Acceptable and unacceptable trade marks
Contact Us 24/7
info [at] techcorplegal [dot] com
Your One Stop Solution Provider for All Your Intellectual Property Needs Ends Today !!
We are team of Registered Patent Attorneys, Indian Patent Agents certified by the Indian Patent Office, with law office in New Delhi, National Capital of India.
Are you an individual researcher or inventor with a new or improved innovation, idea, invention, product, or method, process or do you have a business and have coined a new name, slogan, or design you wish to protect by filing for trademark or design protection in India?
Are you a business owner and have a new product, method or service stream that will allow you to better survive in the competitive marketplace, or do you use a trademark or service mark properly while marketing your product or method?
Are you an patent attorney seeking reliable offshore patent counsel with a good track record and can file your clients patent applications with the Indian Patent Office?
To know more about Patent Filing Procedure before Indian Patent Office: Contact Us
Patent Filing in India will protect your technology from being copied by third party.Patent Office India in situated in Delhi, Mumbai, Chennai and Kolkata respectively. For Patent Filing in India, the inventor should discuss his invention with a techno-legal patent lawyer.
International trademark classes
GOODS
CLASS 1 (Chemicals) Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
CLASS 2 (Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages.
CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Framework proposal for famous trademark regime in vietnamLe Quang Vinh
Regardless of the same international legal framework imposed by the Paris Convention, TRIPs Agreement, the grant or denial of super-protection of famous or well-known trademarks based on the likelihood of dilution seems to become controversial and divided within the jurisprudence in the developed countries such as the US, European Union, China and Japan. The well-known research team funded by INTA and MoST attempted to suggest what approach Vietnam should follow to help both comply with its obligation and prevent the abuse of IPR by a framework proposal attached.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
Patents are widely regarded as a “crutial” instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise.
Steuern in der Ukraine 2021 -- DLF RechtsanwaelteChristine Khariv
Allgemeine Information über die Sätze, die Objekte und die Steuer- und Gebührenbemessungsgrundlagen, darunter auch die Besonderheiten der Besteuerung von Nichtresidenten.
Taxes in Ukraine 2021 by DLF law firm in UkraineChristine Khariv
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Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Framework proposal for famous trademark regime in vietnamLe Quang Vinh
Regardless of the same international legal framework imposed by the Paris Convention, TRIPs Agreement, the grant or denial of super-protection of famous or well-known trademarks based on the likelihood of dilution seems to become controversial and divided within the jurisprudence in the developed countries such as the US, European Union, China and Japan. The well-known research team funded by INTA and MoST attempted to suggest what approach Vietnam should follow to help both comply with its obligation and prevent the abuse of IPR by a framework proposal attached.
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Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
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Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
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Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
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Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
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Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
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Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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2. TRADEMARK PROTECTION in UKRAINE 2
1. General legal framework ....................................................
2. Trademark registration process ........................................
2.1. Application for trademark registration ...........................
2.2. What trademarks cannot be under protection? ..........
2.3. Trademark expertise ...........................................................
2.4. Certificate on a trademark .................................................
2.5. International registration ....................................................
3. Trademark disputes and fair use .....................................
3.1. Trademark disputes: out-of-court
settlement procedures .......................................................
3.2. Trademark disputes: court hearings ...............................
3.2.1. Evidence in court ..................................................................
3.2.2. Implementation of a judgment .........................................
3.2.3. High Intellectual Property Court........................................
3.3. Fair use of a trademark ......................................................
4. Trademark protection in criminal proceedings .............
5. Antimonopoly aspects of trademark protection ..........
6. Trademarks and customs ...................................................
6.1. Customs register of intellectual property ......................
6.2. Actions combating the illegal IP products .....................
Appendix .............................................................................................
Contacts................................................................................................
Table of contents
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3. TRADEMARK PROTECTION in UKRAINE 3
The basic principles and general regulation of trademarks
ownership, right and duties of trademarks owners are specified
in the Law of Ukraine “On Protection of Rights to Marks for
Goods and Services” (hereinafter referred to as “the Law”)1
.
In addition to the provisions of the Law, some, mainly procedural,
aspects of trademark registration are included in the Rules
on Drafting, Filing and Examination of an Application for the
Certificate of Ukraine on a Trademark for Goods and Services
(hereinafter referred to as “the Rules”).
The Rules are quite a large document which provides detailed
guidance on how to file application for a trademark, including
requirements for the application, supporting documents,
amendment of the application, appointment of representatives,
communication with the IP Service, etc. Overall, the Rules are
outdated and do not correspond to the best international
standards and best practices.
General legal framework1
1
Please note that the information contained in this brochure is valid as of 1 October 2016 and
does not constitute legal advice or consultation in any form, but provides some general over-
view of the applicable legislative framework regarding trademarks in Ukraine. If any information,
data or issues covered in this brochure require additional clarification, please do not hesitate
to contact lawyers at DLF attorneys-at-law, who will be glad to provide you with specific and
detailed advice for your case.
4. TRADEMARK PROTECTION in UKRAINE 4
Trademark registration process2 2.1. Application for trademark registration
Trademark registration in Ukraine is conducted by the State
Intellectual Property Service of Ukraine (hereinafter referred to
as “IP Service”). However, recently it was announced that the IP
Service will be liquidated and its functions will be fully transferred
to the Ministry of Economic Development and Trade of Ukraine.
Nevertheless, during the unspecified period of time (until the
relevant procedural guidance is adopted by the Ministry of
Economic Development and Trade of Ukraine), the IP Service
will continue to perform its functions. Therefore, in this brochure
we refer to the IP Service and its authority.
Any person wishing to obtain legal protection to its trademark
should file appropriate request along with the supporting
documents to the IP Service in order to receive relevant
certificate indicating that such trademark is included into the
State Register of Trademarks of Ukraine (hereinafter referred to
as “the Register”).
Pursuant to the Law, the request shall consist of:
a) application for registration of a trademark;
b) data about the applicant;
c) clear image of a trademark;
d) list of goods and services for which the trademark will be used.
Please see any applicable fees for submission of application
for registration of a trademark in the Appendix. The request
(as well as the supporting documents) is further examined by
the IP Service in order to assess its compliance with the legal
requirements under the Law. Usually this process may take up
to 12-14 months from the date of submission of application.
However, there is an option for fast-track registration, in which
case it will be possible to register your trademark within 4-6
months.
If successful (and upon payment of the applicable state duty),
the decision on issuance of a certificate on registration of a
trademark is published in the official bulletin of the IP Service
and the relevant entry is made in the Register.
5. TRADEMARK PROTECTION in UKRAINE 5
2.2. What trademarks cannot be
under protection?
The Law specifies that the legal protection is given to a trademark
which does not contradict to the public order, moral and
humanity principles. Furthermore, no legal protection is granted
to trademarks which represent or imitate:
a) national emblems, flags and other state symbols;
b) official names of states;
c) emblems, short and full names of international
intergovernmental organizations;
d) official control and guaranty seal and stamps;
e) awards and other distinctions;
or
f) usually lack any distinguishing capacity and did not obtain
such capacity throughout their use, such as:
• marks, which consist only of one letter, number, line, simple
geometrical figure, which do not require specific graphical
implementation;
• realistic images of goods, if such images are used as
trademarks;
• 3D-objects whose form is for purely made due to functional
use, if such objects are used as trademarks;
• generally used abbreviations;
• marks which have been used as trademarks in Ukraine by
other owners and lost their distinguishing capacity towards
such goods;
g) consist exclusively of signs that are commonly used as
trademarks for goods and services of a certain type, which:
• due to long-term use for certain type of goods became
relative to such type;
• lexical units or symbols, which relate to certain area of
science or economy;
h) consist exclusively of signs or data that are descriptive, in
particular indicate the kind, quality, composition, quantity,
properties, purposes, value of goods and services, the place
and time of manufacturing or sale of goods or rendering of
services, such as:
• name of goods;
• category of goods;
• qualities of goods, in particular exclusively beneficial;
• material of goods;
• weight, volume, price of goods and their manufacturing date;
• historical data on establishment of manufacturing facilities,
awards granted to the goods;
• names and addresses of manufacturers;
i) are deceptive or misleading and which may lead to the
customers’ association with goods or services of the certain
manufacturer, which is untrue;
j) consist exclusively of signs that are commonly used symbols
and terms;
k) represent only the form caused by the natural state of goods,
or by the necessity to get a specific technical result, or the
form imparting the essential value to the goods.
In addition, no trademark can be registered if it identical or
confusingly similar to:
a) trademarks registered earlier or applied for registration
in Ukraine on behalf of other person for similar or related
goods and services;
b) trademarks of other persons if such trademarks are subject
6. TRADEMARK PROTECTION in UKRAINE 6
to legal protection without their registration on the basis
of Article 6 bis of Paris Convention for the Protection of
Industrial Property 1883;
c) firm names which are already known in Ukraine and owned
by other persons;
d) qualified indications of origin of goods (including alcohol and
alcoholic beverages) which are protected under the Law.
Such marks shall only be the elements that are not under
protection of the marks of persons who are entitled to such
indications;
e) conformity marks (certification marks) that have been
registered under the determined procedure.
No registration shall be granted to:
a) industrial designs, the rights to which in Ukraine belong to
other persons;
b) titles of scientific, literary, and artistic works known in
Ukraine or quotations and characters from such works as
well as the artistic works and their fragments without the
consent of copyright holders or their successors in title;
c) surnames, first names, pseudonyms and their derivatives,
portraits and facsimiles of persons known in Ukraine without
their consent.
A mark is not subject to registration if it is identical or similar to
the trademark which is under protection in Ukraine pursuant
to article 6 bis of the Paris Convention for the Protection of
Industrial Property 1883 or which is an undoubtedly well-known
trademark.
7. TRADEMARK PROTECTION in UKRAINE 7
2.3. Trademark expertise
The most important aspect, which is in detail provided in the
Rules, is description of expertise for a trademark registration.
Such expertise consists of the following stages:
a) establishment of the date of submission of the application;
b) formal features expertise;
c) content mark expertise.
Date of submission of the application is established on the basis
ofthematerialsanddocumentsprovidedtotheIPService.Formal
features expertise, in essence, aims to establish whether the
documents submitted are genuine and true as well as whether
the application in whole could be subject to legal protection
provided by the Law.
The purpose of the content mark expertise is to determine
whether there are any reasons or circumstances present which
do not allow the mark to enjoy legal protection granted by the
Law. Thus, it is established whether the mark is in any way relates
to a pornographic, racist image, emblem or name, or contradicts
the public order, humane and moral principles. In addition, it is
examined whether the mark is identical or similar to any existing
trademarks.
Thus, the mark is considered as identical, if it imitates all elements
of the other trademark. The mark is considered as similar if it is
associated with the trademark despite certain differences.
Examination of the marks includes:
a) check of existing identical and similar trademarks;
b) determination of the level of similarity of the trademark and
any existing trademarks;
c) determination of similarity of goods and/or services of the
trademark and any existing identical or similar trademarks.
Inordertoestablishsimilarityofwordsigns,thesound(phonetics),
graphic (visual) and content (semantic) similarity are analysed.
2.4. Certificate on a trademark
If there are grounds or circumstances exist under which
registration of a trademark is not possible, the applicant is
sent a motivated notice with description of all incompatibilities
with the Law. The applicant may send appropriate comments
or clarification which could be taken by the IP Service upon
rendering the final decision.
Upon decision of the IP Service on registration of a trademark
and payment of the registration fee for issuance of the certificate,
the relevant entry is made in the Register and the certificate on
a trademark is issued to the successful applicant. The certificate
is valid for 10 years following the date of submission of the
application and can be prolonged.
8. TRADEMARK PROTECTION in UKRAINE 8
2.5. International registration
Furthermore, pursuant to the Law, any person may register a
trademark in foreign jurisdictions.
According to the Madrid Agreement Concerning the International
Registration of Marks 1891 and the Protocol Relating to that
Agreement 1989, the application for international registration
of a trademark shall be submitted through the IP Service along
with the payment of national fee.
However, the Rules provide that the functions of the IP Service
in relation to submission of international application are
performedbytheUkrainianIntellectualPropertyInstitute(Ukrpatent).
Interestingly, even if the international application for a trademark
is approved, the IP Service shall also conduct expertise of a
trademarkapplicationpursuanttoUkrainianlaw.Therefore,there
might be cases when a trademark is approved for registration
under the Madrid Agreement, but is not granted protection
pursuant to Ukrainian legislation. It is always worth checking
whether a trademark enjoys legal protection under Ukrainian
legislation with the IP Service.
9. TRADEMARK PROTECTION in UKRAINE 9
3.1. Trademark disputes: out-of-court settle-
ment procedures
While out-of-court settlement and pre-dispute resolution
procedures could be very useful and, probably, the most
correct way for resolving any disagreements regarding use of a
trademark, it may not be the most efficient option in order to
get the violator to stop breaching the IP rights.
Pursuant to the Law the owner of the trademark may demand the
violator to stop breaching the IP rights and reimburse incurred
losses. In particular, the owner has the right to demand the
removal of the goods, the product packaging, labels, badges,
or other object attached to the goods with the illegally used
trademark, including prohibiting storage of such product, its
subsequent offering for sale, import and export. Furthermore,
the owner may prohibit use of a trademark by other persons
during offering and provision of any services for which the
trademarkwasregistered,includinginbusinessdocumentationor
in advertising and in the Internet or even to demand destruction
of the images of such trademarks.
Trademark disputes and fair use3 Unfortunately, under the current state of affairs the violators
rarely agree to stop breaching IP rights in Ukraine in the out-of-
court settlement arrangements. However, we advise the lawful
owners of trademarks to use any pre-trial procedures only
upon gathering of enough and proper evidence base against
the violator, with which it would be easier to prove the violation
in court in case of unsuccessful out-of-court settlement.
We also note that any pre-trial procedures are not mandatory
under the Ukrainian legislation, and any person may choose to
refer to the court immediately upon discovering of a violation.
10. TRADEMARK PROTECTION in UKRAINE 10
3.2. Trademark disputes: court hearings
In the event that the out-of-court settlement has not resulted
in elimination of the violation, the rightful owner of a trademark
has only one option, which is to refer to a court.
Pursuant to the Law, the main methods of protection of the
breached trademark right in courts are:
a) establishment of the rightful owner of the trademark;
b) issues of conclusion and performance of the licensing
agreements;
c) breach of the trademark owner’s rights;
d) failure to comply with the legal terms and conditions for
protection of the trademark;
e) existence of elements of the mark which were not
represented in the submitted application for registration of
the trademark;
f) issuance of the certificate for a trademark with violation of
the other persons’ rights.
The dispute is heard in a commercial court of general jurisdiction
of Ukraine. The dispute shall be resolved within two months
following receipt of a claim. However, a court may prolong the
term for resolving a dispute by 15 days, if there are some special
circumstances present in the case and taken into consideration
by the court.
3.2.1. Evidence in court
Special attention in disputes relative to trademarks shall be given
to the issue of gathering of evidence in the Internet, including
fixation of violations.
There is positive court practice regarding fixation of violations in
the Internet in Ukraine. Thus, a respondent may be prohibited
from use of a disputed trademark, including in the Internet
advertisement or domain names. However, any violation
committed in the Internet should be properly evidenced, such as
represented on the website of the violator, in its domain name,
in the advertisement, etc., which would undoubtedly lead to
establishment of the fact of violation.
According to the established court practice in Ukraine, the mere
fact of placement of a trademark or other object on the website
of the respondent constitutes a violation, unless the respondent
can provide evidence of the rightful placement of the disputed
IP object. Reproduction of a trademark from the other website
without confirmation of the lawful use of the IP object shall not
be the ground for release of the respondent from any liability. The
court shall aim to establish whether the website and information
contained therein are in ownership of the respondent and how
the violation of the trademark right is evidenced.
Under the current Ukrainian procedural legislation, web-pages
treated as the electronic documents, which cannot be taken
to the court. However, some information contained in such
webpages might be useful for the case. Therefore, the court may
decide to conduct examination of webpages with specification of
all findings in the respective protocol, video or audio recording.
Generally, the print-outs of Internet webpages are not accepted
as evidence in court. However, written evidence may include any
certificates issued by the providers or online search services.
11. TRADEMARK PROTECTION in UKRAINE 11
3.2.2. Implementation of a judgment
Any judgment of a commercial court in Ukraine shall be
mandatorily implemented. Such implementation shall be made
by the State Executive Service of Ukraine, which is a part of the
Ministry of Justice of Ukraine.
The State Executive Officer shall perform all required actions
for successful implementation of a court judgment within six
months following opening of implementation proceedings (within
two month in non-monetary claims). However, under the newly
implemented law on reforming of the State Executive Service of
Ukraine and establishment of the institution of private executive
officers, the court judgment is implemented by the private
officers within the ‘reasonable terms’.
3.2.3. High Intellectual Property Court
The recent court system reform will also significantly affect
protection of the IP rights in Ukraine. Pursuant to the adopted
legislation,theHighIntellectualPropertyCourtwillbeestablished
in Ukraine until 30 September 2017. This court will be the first
instance for consideration of disputes relative to IP rights.
The High Intellectual Property Court will function pursuant to the
proceduralregulationincludedintheCommercialProcedureCode
of Ukraine. Judgments of the High Intellectual Property Court
will be subject to appellate review of the appellate commercial
courts of Ukraine and cassation review of the Supreme Court
of Ukraine (by Intellectual Property Chamber).
12. TRADEMARK PROTECTION in UKRAINE 12
3.3. Fair use of a trademark
Another important issue is the fair use of the registered
trademark by third parties without the consent of the owner of
the trademark.
The Law specifies that the certificate of a trademark registration
entitles its owner to prohibit any persons to use without the
owners’ consent:
a) the registered trademark for the goods and services listed
in the certificate;
b) the registered trademark for goods and services relative
to those listed in the certificate, if following of such use
the customer may be confused about the manufacturer/
provider of goods and/or services;
c) the mark, which is similar to the registered trademark for
the goods and services listed in the certificate, if following
use of such mark the trademark might be confused;
d) the mark, which is relative to goods and services listed in
the certificate, if following of such use the customer may be
confused about the manufacturer/provider of goods and/or
services.
However, there is a list of exhaustive circumstances pursuant to
which it is permitted to use a trademark without consent of its
owner. Thus, the owner’s right to prohibit any persons to use
the registered trademark without the owners’ consent is not
applicable in the event of:
a) exercise of any right which arose prior to the date of
submission of application for registration of a trademark
or statement of priority;
b) use of the trademark for goods, which were permitted for
the turnover by the owner of the certificate under such
trademark, provided that the owner does not have any
significant reasons to forbid such use due to further sale
of goods, their change or deterioration;
c) non-commercial use of the trademark;
d) use of all forms of news and comments of such news;
e) bona fide use of names and addresses.
13. TRADEMARK PROTECTION in UKRAINE 13
The Criminal Code of Ukraine provides that illegal use of a
trademark, brands, qualified indications of origin of goods, or
any other intentional violation of the rights to these objects,
and if this caused a significant pecuniary damage2
, shall be
punishable by a fine of between UAH 17,000 to UAH 34,000
(between approximately USD 655 to USD 1,310).
The same actions committed repeatedly or a group of persons
upontheirpriorconspiracy,orwheretheycausedgrosspecuniary
damage3
shall be punishable by a fine of between UAH 51,000 to
UAH 170,000 (between approximately USD 1,960 to USD 6,535).
Trademark protection
in criminal proceedings4
The above actions committed by an official using his/her position
or an organized group or if they caused pecuniary damage on
a large scale4
shall be punishable by a fine of between UAH
170,000 to UAH 255,000 (between approximately USD 6,535
to USD 9,800), with or without the deprivation of the right to
occupy certain positions or engage in certain activities for a term
up to three years.
Theobjectofacrimeistheestablishedlegalregimeforprotection
and use of trademarks, brands and qualified indications of origin
of goods as well as fair competition.
2
Please note that pecuniary damage shall be deemed as significant if it equals or exceeds 20
non-taxable minimal incomes of citizens. A single non-taxable minimal income of citizens for the
purposes of criminal law of Ukraine is calculated as 50% of the Ukrainian living wage. The living
wage is established in the state budget for the appropriate year. The State Budget of Ukraine
for 2016 provides for gradual increase of the living wage as follows: 1 January 2016 – UAH 1,330
(approximately USD 51), 1 May 2016 – UAH 1,399 (approximately USD 54), and 1 December –
UAH 1,544 (approximately USD 60). Thus, the amount of one non-taxable minimal income of
citizens for the purposes of criminal law of Ukraine as of October 2016 amounts to UAH 699.5
(approximately USD 27). Therefore, the amount of significant pecuniary damage is UAH 13,990
(approximately USD 540).
3
Please note that the pecuniary damage shall be deemed as gross if it equals or exceeds 200
non-taxable minimal incomes of citizens, which as of October 2016 amounts to UAH 139,900
(approximately USD 5,400).
4
Please note that the pecuniary damage shall be deemed as on a large scale if it equals or
exceeds 1000 non-taxable minimal incomes of citizens, which as of October 2016 amounts to
UAH 699,500 (approximately USD 27,000).
14. TRADEMARK PROTECTION in UKRAINE 14
The subject matter of the crime is:
a) brand name;
b) qualified indication of origin of goods;
c) trademarks, which are:
• registered in Ukraine;
• protectedwithoutregistrationonthebasisoftheinternational
treaties of Ukraine;
• recognized as well-known in the appropriate procedure.
Illegal use provides, first of all, that the use of a trademark is
made without the consent of the trademark’s owner, including
in advertisement, on webpages, domain names, etc.
The specific feature of this crime is that it is considered as
committed only following causing material damage of at least
UAH 13,990 (approximately USD 540) (20 non-taxable minimal
incomes of citizens), i.e. overall damage calculated as the sum of
money, which the owner of the trademark:
a) spent or had to spend for recovery of its violated right (real
damages);
b) proceeds, which could have been received under ordinary
circumstances if the right to a trademark had not been
violated (lost profits).
There are several methods could be employed for calculation
of the damages incurred by the owner of the trademark and
legal practice has not yet elaborated the single approach for
calculation of damages within the criminal proceedings.
This results in the situation under which any offence committed
without causing material damage in the amount of UAH 13,990
(approximately USD 540) (20 non-taxable minimal incomes
of citizens) or more will result in imposition of administrative
liability instead of criminal. Under the administrative liability the
violator will be subject to a fine (which may be as low as UAH 170
(approximately USD 6.5) or as high as UAH 3,400 (approximately
USD 130)) and confiscation of illegally produced materials and
equipment.
15. TRADEMARK PROTECTION in UKRAINE 15
Pursuant to the Law of Ukraine “On Protection from Unfair
Competition”, unfair competition is any action in the competition,
contradicting trade and other fair customs in economic activities.
Unfair competition in this sense also includes: use of name,
commercial brand, trademark, advertisement, packaging, other
marksandperiodicals,etc.,withoutconsentofthebusinessentity
which has been using such marks previously or use of similar
or identical marks, which results in confusion with activities of
such entity.
Thus, the peculiarity of antimonopoly protection of a trademark
is that it could be enjoyed by a person not on the basis of the
document (certificate), but based on the actual primacy of use
by the owner of such trademark.
The Antimonopoly Committee of Ukraine performs the following
activities during implementation of the antimonopoly policy of
Ukraine:
a) establishment of the fact of unfair competition;
b) termination of unfair competition;
c) official refutation (at the expense of the violator) of untrue,
incorrect or incomplete statements or data;
d) confiscation of goods under the illegally used trademark.
Use of unfair competition practices leads to a fine of up to 5%
of income from turnover of the entity for the last fiscal year.
Limitation period for any unfair competition violation is three
years from the date of commitment or, in case of the on-going
violation, from the date of the completed violation.
It is also worth mentioning that the date starting from which the
legal protection against any illegal use is granted to a trademark is
different under Law of Ukraine “On Protection of Rights to Marks
for Goods and Services” and the Law of Ukraine “On Protection
from Unfair Competition”. Thus, while the former provides
such protection from the date of submission of application for
trademark registration, the latter applicable only following the
date of use of a trademark in commercial activities.
Antimonopoly aspects of
trademark protection
5
16. TRADEMARK PROTECTION in UKRAINE 16
6.1. Customs register of intellectual property
Any lawful owner, whose trademark’s rights were violated while
transferring goods through the customs border of Ukraine, may
file an appropriate application to the State Customs Service in
order to protect such rights.
All and any information included in the customs register of
intellectual property is an integral part of the unified automated
system of the State Customs Service.
In order to include the IP object into the register, the applicant
shall file an application along with the appropriate request and
the following documents:
a) extract from the relevant register of the IP Service on
registration of the IP object in Ukraine or notification on
international registration;
b) detailed description of the IP object and goods, which will
allow the customs authorities to classify the goods;
c) samples of goods which carry the IP object or their
photographic images.
The customs authorities may decline in registration of the IP
object in case of:
a) failure to submit supporting documents;
b) lack of distinguishing characteristics or impossibility to
identify such characteristics;
c) irregularities in materials and information submitted in the
application;
d) absence of legal grounds and/or capacity to submit such
application.
Nevertheless, the applicant, if submission of the initial application
due to some reasons was unsuccessful, may file another
application.
The IP project is excluded from the customs register due to:
a) expiry of the term of registration;
b) the appropriate application of the owner;
c) a court judgment;
d) termination of the legal protection of the IP object;
e) refusal of the owner to reimburse costs for storage of
goods, customs registration of which is postponed, at the
warehouses of the customs authorities;
f) discovery of untrue data in the submitted application and
supporting documents.
Trademarks and customs6
17. TRADEMARK PROTECTION in UKRAINE 17
Registration of the IP objects in the customs register is valid
either for six or twelve months. The term of validity could be
prolonged for another six or twelve months upon filing of the
appropriate application.
6.2. Actions combating the illegal IP products
The State Customs Service is entitled to perform any actions
regarding combating the illegal IP products only following
registration of an IP object in its register.
Thus, if the customs authorities, on the basis of customs registry
of intellectual property, discover signs of violation of intellectual
property rights to goods presented for customs control and
customs clearance, the customs registration is suspended for
up to 10 days and the goods shall be stored in a warehouse.
The State Customs Service informs the owner of goods, and if
within 10 business days following receipt of notice on suspension
of customs registration the owner fails to refer to a court with
the recourse to the protection of intellectual property rights or
fails to refer to such customs agency with a written reasoned
request for extension of the suspension of customs registration,
then, in the absence of violations of customs regulations goods,
customs registration resumes. Otherwise, the suspension of
customs clearance of goods is extended (but not more than by
10 business days).
Furthermore, if the owner presents to the customs authority,
that suspended customs registration of goods, a court order
prohibiting certain actions due to infringement of intellectual
property or other decision on this issue rendered (made) by
other authorized state bodies, the customs authority shall
continue suspension of customs registration of goods for the
period prescribed in the court order/decision of the appropriate
state authorities.
It is worth pointing attention that in the event of suspension of
customs registration in the abovementioned circumstances, the
owner of goods reimburses any expenses incurred by the State
Customs Service during storage of goods.
Thus, even a bona fide owner of trademark shall be well aware
that if within 10 days following receipt of the notification from the
State Customs Service on suspension of customs registration of
the alleged illegal goods he/she would not be able to present
to the court enough evidence for rendering an injunction on
performance of certain action, such owner will be subject to
various expenses and losses.
In addition, the State Customs Service may act at its own initiative
in the event that IP rights of any person could be violated and
suspend the customs registration (even if no application for
inclusionintothecustomsregisterwasfiledbytheownerofgoods/
trademark). There is an exhaustive list of such circumstances
provided in the regulations.
Thus, the customs register is an effective mean of the state
protection of the intellectual property rights during the customs
procedures. In addition, information included in the customs
register, is available to all fiscal authorities, which enhances legal
protection of a trademark.
18. TRADEMARK PROTECTION in UKRAINE 18
5
Pursuant to the official currency exchange rate of the National Bank of Ukraine as of 01 October 2016.
ACTION PRICE IN UAH
APPROX.
PRICE IN USD5
Application for a trademark (filed by a single applicant): 1,000 39
• for each additional class under International (Nice) Classification of Goods and Services 1,000 39
• for a coloured trademark 500 19
• for each additional class, if such additional classes were indicated following the expertise 1,500 59
• for a trademark that includes name ‘Ukraine’ 6,000 231
Application for a trademark (filed by two or more applicants) 1,300 50
Separated application 1,700 66
Extension of term for submission of a fee payment confirmation document 400 15
Correction of the mistake in the application, which is not evident or technical 800 31
Change of the application information by the applicant:
• name 100 4
• address 100 4
• correspondence address 100 4
• name of the representative person 100 4
• address of the representative person 100 4
• for the same correction in two or more applications 120 5
Change of the applicant 600 23
Extension/renovation of term for submission of additional materials required following the expertise 400 15
Submission of complaint on a trademark due to its inappropriateness for legal protection 1,000 39
Changes to the trademark due to its separation 500 19
Official publication of issuance of the certificate on a trademark (black and white) 150 6
Official publication of issuance of the certificate on a trademark (coloured) 250 10
Inclusion of a trademark in the State Register of Trademarks of Ukraine 800 31
Issuance of the duplicate certificate on a trademark 100 4
Submission of complaint on a trademark to the Appellate Chamber 1,700 66
Extension of validity of the certificate on a trademark (one owner) – per class 3,000 116
• per each additional class 300 12
Extension of validity of the certificate on a trademark (several owners) – per class 3,900 150
Publication of information regarding issuance of a license for use of a trademark 400 15
Publication of information regarding change of ownership to a trademark 600 23
International registration/its prolongation 600 23
Territorial extension of international registration 400 15
Submission of application for recognition of the trademark as well-known 4,000 154
Appendix
19. TRADEMARK PROTECTION in UKRAINE 19
DLF attorneys-at-law
Torus Business Centre
17 d Hlybochytska Street
04050 Kyiv, Ukraine
+380 44 384 24 54
info@DLF.ua
www.DLF.ua
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Doing agricultural business in Ukraine: legal aspects
MA transactions in Ukraine: antimonopoly aspects
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Contacts