By registering a TM, the owner receives exclusive rights to it in the country of registration. That is, the ability to freely use, transfer and sell, prohibit use, protect interests. Expecting to extract commercial benefits from TM, the copyright holder must be sure: no one can use it with impunity without permission.
In the event of violation of the owner’s interests, there are several mechanisms to protect them. Civilized countries provide brand protection at the legislative level. It implies a set of lawful actions to eliminate the violation. The holder has the right to contact the offender, to resolve the issue through administrative bodies or a court independently or with the help of a trusted representative.
Experienced lawyers from the SION will assist in resolving the issue. We specialize in the protection of trademarks, brands and logos in court and other authorities in Ukraine. We monitor judicial and customs practice, we have sufficient experience to successfully conduct specialized cases. We select the most suitable for a particular case from the established mechanisms.
The brand owner receives a title of protection confirming exclusive rights. Third parties must request his consent to use the logo, name, sub-brands, and registered images. For this, licensing agreements are concluded, letters of permission are written.
If consent is not obtained, and TM or its components are used, this is considered misuse and violation of rights. It can mean:
- Release, sale of goods under this brand or another with a high level of similarity.
- Use of the logo in advertising or documentation.
- Drawing on a sign, business cards.
- Use in the domain name.
- Other uses.
Such moments must be suppressed taking into account the legislative norms of Ukraine or another country where the violation occurs. In the world and in our country, we have developed a sufficient practice of effective protective actions. SION specialists have extensive experience in suppressing such violations.
The Internet trademark protection is specific. To collect evidence, you need to undergo expert examinations, to understand the features of the services. Our company has lawyers who specialize in such cases. Examples of violation of rights on the Internet:
- Counterfeit products similar to legal goods are placed on websites and online stores.
- The trademark is being illegally used on the pages.
- Third parties register domain names with the indication of TM.
- The brand name mentions fraudulent advertising is different.
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Trademark protection methods
To confirm the protection of a trademark, the owner can put the following marks on it:
TM – from the moment of filing an application for registration;
® – a mark that the trademark is registered.
They warn that the badge is protected by law, and that using it without permission can be fraught with various penalties. There are several methods of protection that the copyright holder can use separately and in a complex way:
- Civil law. These are domain disputes, claims for the cancellation of issued certificates.
- Economic and legal. They are used for damages due to violations, protection of honor and reputation.
- Criminal law. Help with illegal use of TM.
- Administrative and legal – to cancel the decision of the patent office.
If the brand owner finds a violation, he can appeal to the violator with a claim and make demands – this is a pre-trial method (Mediation). If it does not work, you can contact the Antimonopoly Committee, other administrative bodies, and the court. It is important to choose the right department (for example, courts are general, economic, administrative).
Our experts will help you resolve trademark disputes. They will prepare a pre-trial claim or appeal to a government agency – AMC, customs service, patent office or court. Then they will conduct the business until its completion in the interests of the client.
Penalty for using someone else’s trademark
In accordance with the Civil Code (Civil Code) of Ukraine, the state agency can impose a fine on the violator. It will go to the country’s budget, and not to the copyright holder.
Penalties are awarded for the use of a trade name or mark (or similar to the point of confusion), for the damage caused. The size can vary greatly depending on the damage done. For example, within the framework of different types of responsibility:
- Civil law. 5% of income for the year preceding the year of imposition of a fine, or up to UAH 170 thousand. For use in advertising – 5-10 times the size of its cost.
- Administrative. 170-3400 UAH + confiscation of illegally released products, means of their production.
- Criminal. A fine in the amount of one to fifteen thousand non-taxable minimum incomes of citizens.
Trademark protection in Ukraine
With us, legal protection can be used at several levels – taking into account the stage at which the violation is detected. There are such possibilities:
- If a similar TM is registered, an objection is filed with Ukrpatent.
- The brand is registered – an attempt to settle with a warning letter, where the owner announces the exclusive rights, demands to refuse to use the badge. If it doesn’t work, a lawsuit is filed.
- There is a product on sale under the same TM – a warning letter to the parties involved (violator, suppliers, sellers). If it does not work, a complaint against an unscrupulous competitor to the AMK or the court.
- TM is used in someone else’s domain name – warning letter, legal action. Domain disputes are common.
- Import or export – the application to the State Customs Service works very well. Then there are options: destruction of goods by agreement; conducting an examination to compare the similarity and withdrawal of goods; legal action, etc.
There are a lot of protection tools in Ukraine. If we take the judicial practice, which concerns intellectual property, then cases on the protection of rights to TM are considered most often. SION lawyers will investigate the alleged violation at the request of the client. They will collect evidence and determine where to go at a particular stage. We will bring the matter to the result, we will achieve the elimination of the problem and the restoration of the interests of the copyright holder.
For detailed information and to calculate the cost of cooperation, please mail us: email@example.com.
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