What does trademark registration provide?

Registering a trademark gives the owner the right to use that trademark to sell goods and services. This right is protected by law and allows the owner of the trademark to prosecute those who illegally use his/her trademark.

Let’s elaborate on what constitutes trademark use.

The use of a trademark is:

  • applying it to any goods for which the trademark is registered, the packaging containing such goods, the sign associated with it, the label, patch, tag, or other object attached to the goods, storing such goods with the said trademark application for the purpose of offering for sale, offering it for sale, sale, import, and export;

  • its use during the offer and provision of any service for which the trademark is registered;

  • its use in business documents or advertising and on the Internet.

A trademark is recognized as used if it is used in the form of the registered trademark, as well as in a form that differs from the registered trademark only in some elements, if it does not change the overall distinctiveness of the trademark.

The certificate also gives its owner the exclusive right to prohibit others to use without his/her consent:

  • designation identical to the registered trademark in relation to the goods and services mentioned in the certificate;

  • designation identical / similar to the registered trademark with respect to the goods and services listed in the certificate / goods and services related to those listed in the certificate, if as a result of such use this designation and the trademark may be confused, in particular if there may be an association of such designation with the trademark.

The holder of the certificate may transfer to any person the exclusive proprietary intellectual property rights to the trademark in whole or in part in respect of the goods and services specified in the certificate on the basis of a contract.

The owner of the certificate has the right to put next to the TM warning marking in the form of the Latin letter “R”, circled, which indicates that this trademark is registered in Ukraine.

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