- Intellectual property
- Corporate / M&A
- International Trade
Trade marks / Can the third person to register a trade mark the same as mine?
Trademark Registration - this is one of the most effective methods to establish itself as the ownership of any designation - logo, slogan, brand, etc. Of course, people are often faced with the manifestation is not fair competition, namely situations where someone wants to take advantage of already popular designation.
Of course, if you have a registered trademark - you is much easier to defend their rights - but it is worth remembering that there are still nuances.
As a rule, are not bona fide competitors are classes of the Nice Classification (International Classification of Goods and Services). When there is a 45-class Your TM can be incorporated in any of them. Practice shows that for domain UA, ready to record the TM-wishers in any class, just to pick up the first domain.
This is an example of how Ukraine can appear legitimate, existing similar trademarks.
The main question - what will make your competitor with the designation registered is not relevant to his group of goods or services. Therefore, we recommend pre-think over ICGS classes for which you are registered trademarks, in order to reduce the probability of fair competition, not against you. Refer to the experts and you will not have such problems.