A trademark or designation, that has been used intensively and for a long time in Ukraine and due to that it has gained general notoriety among consumers as to the goods and/or services of a certain person/entity, can be recognised as well-known.
Recognition of a TM as well-known in Ukraine can help its owner get rid of problems related to the protection of IP rights, and creates a comfortable environment for business development.
ADVANTAGES OF A WELL-KNOWN TM IN UKRAINE:
- The status of a well-known TM increases its value as an intangible asset.
- Legal protection of a well-known TM also applies to goods and services that are not similar with those for which that TM is recognised as well-known.
- At the stage of qualification examination of other designations, all doubts as to their similarity with a well-known TM should be resolved in favour of the latter, and broader protection should be granted to it if the goods are similar, and if the application designation is identical to the well-known sign, the similarity concept is construed more broadly.
- The owner of a well-known TM has the right to require the prohibition of its use, even if only the dominant constituent of such TM is the infringement matter.
- TM recognised as well-known is granted protection not from the date of the decision, but from the date requested by the applicant applying for legal protection. In other words, a TM can be recognised as well-known in retrospect.
- For a well-known TM, its validity period is not established, unlike ordinary registrations.
Our company has a vast experience in getting a trademark recognised as well-known in Ukraine. We successfully represented the interests of more than 20 well-known brands, both national manufacturers and foreign companies.
We will be happy to represent your company's interests in the process of recognising your brand as well-known IN UKRAINE!
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