The Chronograph of Inventions

November 18

  • In 1963, The First Telephone In The U.s. With Push Buttons Instead Of A Rotary Dial Was Placed In Commercial Service In Carnegie And Greensburg, Pa. This Was A Touch-tone Telephone With 10 Push Buttons, Manufactured By The Western Electric Manufacturing And Supply Unit Of The Bell System.

eng

:

    :

      Trademark Registration


         The contemporary IP legal base in Ukraine was founded in 1992, when the state attained sovereignty. At present we have an efficient system for protecting intellectual property, based on several international conventions and agreements. The Ukrainian laws are currently being harmonised with the laws of the European Union.

         Ukraine is one of the Contracting Parties of the following international acts concerning trademarks:

      • Paris Convention for the Protection of Industrial Property
      • Convention Establishing the World Intellectual Property Organization (WIPO Convention)
      • Madrid Agreement Concerning the International Registration of Marks
      • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
      • Trademark Law Treaty (TLT)
      • Nairobi Treaty on the Protection of the Olympic Symbol
      • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
      • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

         You can read the Ukrainian IP laws here.

         Foreign citizens and persons without citizenship have the same rights according to international conventions, Constitution of Ukraine and code of laws of Ukraine. However, they should communicate with the Ukrainian Patent Office only through registered Patent Attorneys of Ukraine.

      What can be a trademark?

         A trademark is a sign through which goods and services belonging to some persons differ from those of others. A trademark can also be a brand name or logo.
          In Ukraine the basic legal act concerning trademarks is The Law of Ukraine On Protection of Rights to Trademarks for Goods and Services.

         A trademark can be expressed by any sign or a combination of signs. Trademarks can be divided into several kinds:

      • verbal trademarks, or signs consisting only of words and letter combinations
      • figurative trademarks, or signs consisting of drawings, patterns, geometric figures
      • three-dimensional trademarks, or 3D objects (i.e. original packaging, flasks, bottles, etc.)
      • combined trademarks, or signs combining all or some of the elements stated above.
       What objects cannot be registered as trademarks?

          You cannot register as trademarks signs which picture or imitate:

      • state arms, flags and other state symbols (emblems)
      • official names of states
      • emblems, shortened or complete names of international intergovernmental organisations
      • official control, guarantee and assay marks and stamps
      • awards and other decorations.

        Nevertheless, these signs can be included into a trademark as unprotected elements, provided the competent body or owners agree.

         Moreover, no legal protection can be given to the signs that:

      • have no distinctiveness
      • contain only signs that are generic for certain goods and services
      • contain only descriptive signs, i.e. stating the kind, quality, composition, quantity, properties, application, value of goods and services, the place and time of their manufacture, sale or offer
      • are deceptive or misleading as to the goods or services
      • represent only the form caused by the natural state of the goods.

          You cannot register signs similar to trademarks registered or filed for registration in Ukraine in the name of another person for the same or related goods and services. 

      How do you apply to register a trademark in Ukraine?

          There are three ways:

      • submit a national application for trademark registration
      • submit a application for trademark registration according to the Paris Convention
      • submit an international application according to Madrid Agreement or according to Protocol Relating to the Madrid Agreement
         Forms (documents) required for filing a trademark application:
      • Filing particulars - name, country of incorporation and address of the applicant (applicants)
      • Claimed sign
      • List of goods the trademark registration is applied for, grouped under headings of Nice Classification
      • Certified copy of priority application (if claiming priority according to Paris Convention)
      • Power of Attorney

      There is no need to notarize or legalize the Power of Attorney. The copy of the priority application should be duly certified by the Patent Office of the State where the application was first filed. No other legalization is needed.

         In order to submit an international trademark application you can use standard forms MM1, MM2, MM3 .

      What document certifies the right for a trademark?

          The right of trademark ownership is certified by a trademark certificate. The term of a trademark certificate is 10 years and can be extended an unlimited number of times.

      How is a trademark registered?

          The application is examined by the Ukrainian Patent Office. The examination is to determine whether the trademark confirms to the criteria stipulated by the law, as well to search for similar trademarks. Any person can view the materials of the application and, after paying the official fee, submit an objection against the registration of this trademark.
          If the examination gives a positive ruling, the applicant is issued a trademark certificate, and the registration of the trademark is publicished in an official bulletin of the Ukrainian Patent Office.
          If the ruling is negative, the applicant receives a preliminary refusal, which can be disputed within 2 months. In case of failure to dispute the preliminary refusal and receiving the final refusal, the applicant can contest the refusal at the Board of Appeal. 

      How long does it take to register a trademark?

          The average term for all trademark registration procedures (examination, publication, etc.) is about 12 months. If an applicant wishes, it is possible to pay an additional fee and accelerate the examination. The request for accelerated examination can be submitted after 6 months after the filing date. Accelerated examination takes 1 month. Thus, the applicant can receive a trademark certificate in 8-9 months.

      Registration of domain names.UA and trademarks

         At present you can receive a domain name NNN.UA only if you have a trademark certificate NNN, and under no other circumstances. This measure was introduced to protect trademark owners from cybersquatters. If you are interested in obtaining a domain name .UA, we advise you to register your trademark as soon as possible to avoid competition from other companies.

       
      Регистрация авторских прав Патенты Украины Реєстрація торгової марки
      .