Trademark registration: What? How? Why?

A trademark (TM) is a designation by which the goods and services of one undertaking can be distinguished from those of another. However, a trademark is not just a logo or the name of your brand, it is a valuable asset for a business that will provide protection against unfair competition and copying. This article will explain why it is important to register a trademark, how to do it, and how to use a registered trademark for the benefit of your business.

Reasons to register a trademark

Registration of a trademark contributes to the protection and development of your brand, enables you to compete in the market and creates a legal basis for protecting your intellectual property.

Furthermore, you will be entitled to the rights conferred by a trademark certificate not from the moment of registration, but from the moment of filing an application. In Ukraine, it takes up to 2 years to register a trademark (up to 9 months under the accelerated procedure), therefore there is no need to wait so long to start enjoying your trademark rights.

A trademark grants a business owner a wide range of opportunities. Apart from the fact that you can safely use a trademark for your own products and services without worrying about getting hit with a lawsuit, you can also prohibit other manufacturers or service providers from using your or a similar trademark for the goods or services specified in your certificate. Some of the important business benefits of registering a trademark include protection from unfair competitors, customer recognition and trust, and the ability to enforce your rights in court.

Protection from unfair competition

The trademark certificate grants its holder the exclusive right to prohibit others from using identical or similar trademarks for goods and services specified in the certificate or related to them without consent. This gives you a relative monopoly on your trademark and allows you to compete effectively in the market.

As an example, Apple has a registered trademark “iPhone” for its smartphones. This registration grants Apple the exclusive right to use this name for mobile phones, as well as goods and services related to them. When other manufacturers attempt to market smartphones under the name “iPhone” or similar names, Apple may seek to stop such use, in particular, by filing a lawsuit for infringement of its trademark rights.

Customer recognition and trust

A registered trademark promotes the recognition of your product or service among consumers and inspires trust in your brand. Not only does it make it recognizable, but it also emphasizes quality and reliability. This factor is essential for consumers when making a purchase decision.

Protection of rights in court

Registration of a trademark entitles you to legal protection in case of infringement of your rights by other companies. You can seek reimbursement of damages and cessation of illegal use of your trademark through litigation.

How to register a trademark?

A trademark is geographically limited, i.e. it is only valid in a certain country. There is also a possibility of regional registration ( e.g., registration of the EU TM, which is effective in 27 member states) or international registration under the Madrid system, enabling you to register a TM in several or all countries party to the Madrid Agreement by filing a single application.

There are many consulting companies providing assistance in registering trademarks both locally and abroad. In Ukraine, registration of a trademark on your own does not constitute a complicated procedure and consists of several stages.

• Choice of classes and services: determine which classes of goods or services are relevant to your business.
• Identity check: make sure that there are no identical or similar registered trademarks for the selected classes.
• Filing of an application: collect the required package of documents, submit an application for registration and pay state fees. 
• Opposition period: after your application is accepted and published, there is an opposition period during which interested parties can object to the registration of your trademark. 
• Obtaining a certificate: after the opposition period has expired and the examination has been completed, you will receive a trademark certificate.

Price of trademark registration

The price of trademark registration depends on the number of classes you choose. The cost of one class is UAH 4000. If you submit an application through the electronic cabinet, you will receive a 20% discount.

How to use a registered TM for the success of your business

Trademark registration is completed by obtaining a certificate. The certificate is valid for 10 years, whereupon it can be renewed. It provides you as a business owner with a number of opportunities:

• Protection of your rights: use your registered TM to protect yourself from unfair competitors and prevent illegal use of your brand.
• Licensing: Grant licenses to other companies to use your trademark, increasing your own income.
• Franchising: consider expanding your business through franchising based on your brand.
• Advertising and marketing: use your trademark to increase the awareness of your product or service in the market.
• Protection in court: in case of infringement of your trademark rights, you are entitled to judicial protection and compensation for damages.

All in all, trademark registration is an important step toward protecting and developing your business. A trademark certificate grants you legal status and exclusive use of your brand, which helps you combat unfair competitors and ensures customer recognition and trust.

A registered trademark provides you with a wide range of opportunities, including licensing, franchising, effective advertising, and court protection. Thus, by obtaining a trademark certificate, you ensure both economic and reputational protection for your business, which is an important factor for further growth and success.