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Registration of trademark in Ukraine
A mark for goods and services (further trademark) is an identification according to which the goods and services of one person are different from goods and services of others. The objects of trademark may be verbal, figurative, three-dimensional and other identifications or the combinations thereof implemented in any color combination. The relations arising from acquisition and transaction of property right for trademark in The property right for trademark is ascertained by Certificate. Period of validity of Certificate is 10 years from the filing date to the Patent Office and can be prolonged every time for 10 years under the request of its owner filed during the last year of act of Certificate provided the appropriate official fee is paid. An extent of protection is defined by cited representation of the trademark in Certificate, as well as by list of goods and services for which the present mark is registered. In order to increase the level of legal protection, it is possible to receive document about acknowledgement of the mark as well known in The acknowledgement of the mark as well known in Ukraine offers substantial advantages to its owner: firstly, the mark is protected either an application for registration is filed or not, and, secondly, legal protection covers also the goods and services that are not connected with those for which the mark is acknowledged as well known, if the owner considers that it prejudices his interest. The use of trademark is the use thereof on the package of goods, in advertisement, printed matters, on signboards, during the exhibit display on exhibitions and fairs, in prospectus, invoices, on forms and other documentation connected with economic introduction of said goods and (or) services. Any encroachment on the rights of the owner of the mark is considered to be a violation of his rights and entails liability according to existing legislation.
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