Trademarks

Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Your own trademark will distinguish your product or service from the competitors, allowing consumers choose your goods among all products available on the market, improve the perception and memorability of products, will be a symbol of reputation and quality of goods and services.

A word, device, combination of words and device elements, three-dimensional features, sound can be registered as a trademark.

Trademark registration provides the following advantages for a trademark holder:

• improving the company's reputation and strengthening the company's competitiveness;
• the exclusive right to use and dispose of the mark, including the selling (transfer of rights) or granting a permission (license) to use the mark to any person by a licensing agreement;
• the right to prohibit the use of the identity/similar marks by other persons without your permission;
• registration provides legal certainty and reinforces the position of the owner in case of litigation;
• the possibility of .UA domain registration.

Certificate of registration confirms exclusive right on a trademark and is valid for ten years. The validity period of the certificate may be extended each time for a ten-year period.

The standard term of a trademark application examination is 12-18 months.

The registration fee depends on number of classes of goods and services applied and claiming colour.

Before filing a trademark application, we recommend to conduct an availability search to avoid the provisional refusal of registration based on similarity in case the identical or confusingly similar trademarks are already registered or filed for registration by third parties.

The following information is required to file a trademark application:

• trademark image;
• Applicant's details;
• list of goods and services for which the mark will be applied.

Send message: elena.tulinova.ip@gmail.com

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Industrial designs

Industrial design — is a type of intellectual property that extends its rights over the design, decorative appearance and human factors of an article.

Attractive design plays a key role in the success when a company brings a new product to the market. Obtaining a design patent you will help you to protect your original packaging design, label, shape of a container.

Industrial designs are applied to a wide variety of products of industry and handicraft items: furniture, textiles, household goods, jewelry, toys, design of vehicles, equipment and devices, etc.

In a legal sense, an industrial design protects shape, the ornamental or aesthetic aspect of an article, not its idea, technical and functional features or usage method.

An industrial design meets patentability requirements if it is new.

The validity of a patent for an industrial design is 5 years (the annual fee for maintaining is applicable), which can be extended up to 25 years.

The approximate term of obtaining a design patent is 9-11 months from filing date.

An industrial design patent provides exclusive rights for at least 10 years to produce and sell products using the patented design. A patent holder may sell or license the rights to another enterprise, prevent or stop others from commercially exploiting or copying the industrial design and claim compensation for damages and loss of profit.

The following information is required to file a design application:

• Applicant's details;
• Author's details;
• image (s) of the article: general view for two-dimensional industrial design general view image plus a number of images that would give a complete representation of the article (in front, from above and below, left and right side, behind view) for three-dimensional industrial design.

Send message: elena.tulinova.ip@gmail.com

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Geographical indications

A geographical indication is a sign used on products that have a specific geographical origin and possess qualities, reputation or characteristics, which are essentially due to the place of origin.

The «Champagne», «Cognac», «Porto», «Havan», «Tequila», «Rocquefort», «Chianti», «Bordeaux», it is a short list of well-known examples of names associated throughout the world with products of a certain nature and quality.

Khersonskyi kavun, Zakarpattya honey and wines, Hutsul bryndza, Petrykivka painting, the names of mineral waters “Myrhorodska”, “Truskavetska”, “Slov`yanivskaya”, “Polyana Kvasova” registered as geographical indications of Ukraine.

Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.

The rights provided by the registration of geographical indications are valid from the date of its registration. A geographical indication right enables those who have the right to use the indication, to prevent its use by a third party whose product does not conform to the applicable standards and demand from the persons who have violated the rights to stop violations and damages. However, a protected geographical indication does not enable the holder to restrict a right of others to register their rights to use the geographical indications. That is to say, a geographical indication right is not exclusive.

The right to use the registered geographical indications have the producers who are producing goods in the geographical region indicated in the Registry, which correspond to special qualities specified in the Registry.

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Copyright

Copyright can protect musical works, literary works, lectures, speeches, paintings, sculptures, architecture etc. Computer programs are also protected by copyright.

The territorial scope of copyright protection extends to all countries that are parties to the Berne Convention (more than 180 countries).

Copyright arises automatically at the moment of the creation of a work. However, registration provides important legal advantages, especially in case of a dispute:

• official confirmation of authorship and the date of creation of a work;
• easier proof of rights in disputes and court proceedings, reducing the amount of evidence required;
• transfer of rights (property copyright) and licensing;
• the possibility to claim compensation.

In Ukraine the terms of copyright protection lasts for the author’s entire lifetime and for 70 years after their death.

The standard term of copyright registration is 1-2 months.

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