Can your logo be registered as a trademark? Criteria for self-testing

Conditions of legal protection of trademarks in Ukraine are determined by the Law of Ukraine “On Protection of Rights to Trademarks for Goods and Services”.

The object of a trademark may be any designation or combination of designations. They may include words, including their own names, letters, numbers, elements of drawing, colors, shape of goods or their packaging, sounds, provided that such signs are suitable for distinguishing goods or services of certain persons from goods or services of others.

Before applying for trademark registration, note the following:

1. Marks that are identical or similar at the date of application cannot be registered as trademarks, in particular if they can be confused with trademarks that were previously registered or applied for registration in Ukraine in the name of another person for the same or similar to them goods and services.

For verification, you can independently use international databases and databases of the National Intellectual Property Authority or order additional paid services of the National Intellectual Property Authority.

2. Can not be registered as trademarks designations that depict or imitate:

  • state emblems, flags and other state symbols (emblems);

  • official full or abbreviated names of states or international alphabetic codes of states;

  • emblems, abbreviations or full names of international intergovernmental organizations;

  • official control, guarantee and assay stamps, seals;

  • awards and other insignia.

Such designations may be included in a trademark as unprotected elements if there is the consent of the relevant competent authority or their owners.

3. May not obtain legal protection also signs, which:

  • usually do not have distinctiveness and have not acquired such as a result of their use;

  • consist only of designations, consisting only of designations which are commonly used in the modern language or in the bona fide and well-established trade practice with respect to goods and services;

  • consist only of signs or data, which are descriptive when used in relation to or in connection with the goods and services indicated in the application, indicate the type, quality, composition, quantity, properties, intended use, value of goods and services, geographical origin, place and time of manufacture or sale of goods or services, or other characteristics of goods or services;

  • may be misleading with respect to goods or services, in particular with respect to their nature, quality or geographic origin;

  • may mislead as to the person producing the goods or providing the service;

  • consist only of signs which are commonly used symbols and terms;

  • reflect only the form conditioned by the natural state of the goods or the need to obtain a technical result, or give the goods an essential value;

  • reproduce the name of a plant variety registered or applied for registration in Ukraine or granted legal protection in accordance with the international treaty of Ukraine prior to the date of filing an application for a trademark containing such designation, and if the claimed designation concerns a plant variety of the same or related species;

  • contain geographical indications (including for spirits and alcoholic beverages), registered or applied for registration in Ukraine or granted legal protection in accordance with the international treaty of Ukraine before the date of filing an application for a trademark containing such indication, and if priority is claimed – by the priority date for the same or related goods, if the use of the claimed designation uses the reputation of a geographical indication and/or the claimed designation is misleading as to the special quality, characteristics and actual origin of the goods.

However, in some cases, some of the signs may obtain legal protection if they have acquired distinctiveness as a result of their use before the filing date.

Sometimes it is difficult to determine on your own whether your logo can be registered as a trademark. Moreover, if registration is denied, you will not receive a refund of the state fees paid.

Patriot.Legal’s legal team is on hand to assist you both in verifying your trademark and accompanying the entire registration process.

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