Trademarks |

A trademark (also trade mark or trade-mark) is a sign, protected with exclusive legal rights, capable of distinguishing the products or services of the trademark holder from the products and services of another person. Registering a trademark is an indispensible part of every brand's development and strategy.

A trademark may consist of words, figures, symbols, figurative elements (images), colours or their various combinations, etc. There are more unusual types of trademarks as well, such as sound marks, video marks, holograms, shapes and others.

A registered trademark gives the holder of the mark the exclusive legal right to use the mark in relation to a list of goods and/or services, as well as to forbid third parties from using the same or similar mark.The trademark holder's rights also include the right to grant another person the right to use the mark under license, to use the mark as collateral for a pledge, to transfer ownership in the mark, among others.

Both individuals and legal entities may be holders of a trademark and a trademark may simultaneously belong to several legal entities and/or individuals.


The mark is registered in relation to particular goods and/or services. Goods and services are classified in the 45 classes of the International Classification of Goods and Services (ICGS).


The mark is valid in the countries or territories where it is registered. For example, an European Union trademark has unitary effect in all EU member-states, whereas a Bulgarian mark would only have effect in Bulgaria. For a brand to have reliable legal protection, it is important that the mark is registered in all markets where the trademark owner does business with that brand.

The validity of registration of TM in most countries is 10 years. The relevant Certificate can be renewed for an unlimited number of years if relevant state fees are paid periodically.


A registered trademark can be used in combination with the ® symbol, to provide notice of the registration. In some territories, the symbol ™ can be used to identify an unregistered trademark or a trademark in the application stage.

It is best to invest in the protection of a brand as a trademark at an early stage, before the brand is rolled out in the market. This will prevent potentially much larger costs and efforts in dealing with issues that could have been identified in advance, such as earlier rights challenging your mark, or competitors using your trademark without permission.

Register a trademark for:
• reliable protection against unfair competition
• effective advertising campaign and brand awareness
• development of your brand as a valuable intangible asset
• securing financing with the trademark as collateral (for example through a pledge)
• effective customs control and protection against export/import of counterfeit goods



UKRAINE

In Ukraine, the examination system for TM registration is applied. This means that the expert institution ("UKRNOIV") shall examine if the trademark application meets the criteria for registration, including features of novelty and similarity with respect to the trademarks already registered or filed. This procedure quite efficiently assists trademark holders in preventing other persons from registering identical or confusingly similar trademarks for identical and similar goods and services. In addition the trademark holder can also independently file an opposition against a trademark application.


STAGES OF IMPLEMENTATION

Preliminary search (optional) 5-9 days
Preparation and filing of the application 1-2 days
Application examination and certificate delivery (if there are no objections from the third parties) 6-18 months 
Certificate delivery 0,5-1 months
Trademark extension 1 month

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Registration certificate
Extract from the official register

THE SERVICE INCLUDES 
Preliminary search
Advancement of examination
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of .UA domain name (TM registration certificate is needed)
Registration of domain name



BULGARIA

Bulgaria applies a limited examination system for trademark applications. The Bulgarian Patent Office (BPO) examines a trademark application only on formalities and absolute grounds (e.g. correctly filed application, whether the sign is distinctive enough to be a trademark, etc.). If the application passes this stage, it is published in the Bulgarian trademark register.


After publication, any holder of earlier rights can object to the trademark's registration by filing an opposition. If no opposition has been filed, the trademark is registered. In case of opposition, the BPO grants the parties an opportunity to settle the dispute via negotiations. If a settlement cannot be reached, the BPO will examine the dispute and rule on whether the trademark should be registered.

A registered Bulgarian trademark has an effect in Bulgaria only.

The BPO does not inform trademark holders if new and potentially conflicting trademark applications are filed. It is the responsibility of trademark holders to monitor such applications and file oppositions where appropriate.

STAGES OF IMPLEMENTATION
Preliminary search (optional) 3-9 days
Preparation and filing of the application 1-2 days
Application examination and certificate delivery (if there are no objections from the third parties) 6-12 months
Certificate delivery 0,5-1 months
Trademark extension to 2 months

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Registration certificate (only in electronic form)
Extract from the official register (only in electronic form)

THE SERVICE INCLUDES 
Preliminary search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of domain name



EU

The European Union Intellectual Property Office (EUIPO) applies a limited examination system, i.e. the EUIPO examines a trademark application only on formalities and absolute grounds (correctly filed application, whether the sign is distinctive enough to be a trademark, etc.). If the application passes this examination, it is published in the European trademark register.

After publication, any holder of earlier rights can object to the trademark's registration by filing an opposition. If no opposition has been filed, the trademark is registered. In case of opposition, the EUIPO grants the parties an opportunity to settle the dispute via negotiations. If a settlement cannot be reached, the EUIPO will examine the dispute and rule on whether the trademark should be registered.

A registered EU trademark has unitary effect in al EU member states.

The EUIPO informs trademark holders if new and potentially conflicting European trademark applications are filed. It is the responsibility of trademark holders to monitor such applications and file oppositions where appropriate.


STAGES OF IMPLEMENTATION
Preliminary search (optional) 5-10 days
Preparation and filing of the application 1-2 days
Application examination and certificate delivery (if there are no objections from the third parties) 6-8 months
Certificate delivery to 1 month
Trademark extension to 1 month

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney (if necessary)
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Registration certificate (only in electronic form)
Extract from the official register (only in electronic form)

THE SERVICE INCLUDES
Preliminary search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of domain name



UNITED KINGDOM

The United Kingdom Intellectual Property Office (UKIPO) applies a limited examination system, i.e. the UKIPO examines a trademark application only on formalities and absolute grounds (correctly filed application, whether the sign is distinctive enough to be a trademark, etc.). If the application passes this examination, it is published in the UK trademark register.

After publication, any holder of earlier rights can object to the trademark's registration by filing an opposition. If no opposition has been filed, the trademark is registered. In case of opposition, the parties may request to be given time to settle the dispute via negotiations. If a settlement cannot be reached, the UKIPO will examine the dispute and rule on whether the trademark should be registered.

A registered UK trademark has unitary effect in Great Britain and Northern Ireland, as well as certain territories and dependencies such as the Isle of Man and the Falkland Islands. For other territories, such as Gibraltar, an additional local registration is required, on top of the UK registration.

It is the responsibility of trademark holders to monitor such applications and file oppositions where appropriate.


STAGES OF IMPLEMENTATION
Preliminary search (optional) 5-10 days
Preparation and filing of the application 1-2 days
Application examination and certificate delivery (if there are no abjections from the third parties) 6-8 months
Certificate delivery to 1 month
Trademark extension to 1 month

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney (if necessary)
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Registration certificate (only in electronic form)
Extract from the official register (only in electronic form)

THE SERVICE INCLUDES
Preliminary search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of domain name



MADRID SYSTEM

Registration of international trademarks is handled by the International Bureau at the World Intellectual Property Organization (WIPO), in accordance with the Madrid Agreement and the Madrid Protocol – which unite 125 countries and territories as of 2021.

The advantage of using the international trademark system is that with one central application, using one attorney from the home jurisdiction, and paying a centralised fee, an applicant can achieve trademark registration in multiple territories. Otherwise, separate local attorneys must be hired to file national applications and follow separate procedures in each territory, which is more complicated and more expensive.

An international trademark application is filed on the basis of a "Basic" trademark, through the applicable IP office of a Madrid system member. In order to be eligible to file an international application, the applicant must be a national or resident of a Madrid system member state, or have a real and effective industrial or commercial establishment in a member state. When the application is filed, a fee is paid to the International Bureau, in accordance with the number of countries indicated for protection.

WIPO conducts a formal examination of the international application. Once approved, the mark is published on the Register of international trademarks and the International Bureau passes the application on to the patent offices of the territories where protection is sought.

Each national authority examines the International application in accordance with the relevant local legislation. Based on the results of the examination by the International Bureau of WIPO, an applicant receives a notice on trademark registration or a provisional refusal to register the trademark.

A provisional refusal of the trademark registration may be full or partial and may be contested in the relevant authority, usually by engaging a national patent attorney.


An international registration can be renewed by submitting a request for the renewal to the International Bureau of WIPO and after paying the due fee.


STAGES OF IMPLEMENTATION
Preliminary search (optional) 5-10 days
Preparation and filing of the application 1-2 days
International (formal) examination and delivery of a certificate of application registration usually up to 6 months
National examination in the member countries of the Madrid System usually up to 18 months
Trademark extension to 1 month

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of countries to register
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney (if necessary)
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Registration certificate (only in electronic form)
Certificates of TM registration in selected countries (only in electronic form)
Certificate of National TM Registration (USA, Australia, New Zealand, Japan and some other countries)
Extract from the international register on the extension of the validity period of registration (only in electronic form)

THE SERVICE INCLUDES
Preliminary search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of domain name
Extension of current international registration to other countries



WORLD

Patent Bureau "Dr. Emil Benatov & Partners" maintains partner relations with leading patent companies of all countries. We can register your trademark in even the most distant parts of the world.

With us, you will get quick and reliable service for the protection of your trademarks worldwide!


STAGES OF IMPLEMENTATION
The duration of the trademark registration process depends on the individual jurisdiction.

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant
Image or text of the trademark
List of goods and/or services (preferably with identification of ICGS classes)
Preliminary search (optional)
Priority document (if necessary)
Power of Attorney (if necessary)
Payment of official fees and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
The type and form of documents depends on the respective jurisdiction

THE SERVICE INCLUDES
Preliminary search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Entering a registered TM into the Customs Register
Valuation of intangible assets
Registration of domain name

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