- Intellectual property
- Corporate / M&A
- International Trade
Protection of intellectual property / I have information that my competitors are trying to register the same trademark as I have. What should I do?
In this situation, the security of your brand depends on how much you correctly and comprehensively approached in due time for the registration of its mark. As you know, black and white verbal designation has a wider legal protection as opposed to, say, a combination of color notation.
There are several variants of Activism:
- In accordance with Art. 16 Law of Ukraine "On Protection of Rights to Marks for Goods and Services", the use of the trademark is to use it in the same form or in another form that is different from your individual elements, if it does not give a whole new image differences. The proof of this fact requires litigation on the special examination.
- In addition to the long trial of proving infringement of your trademark rights, there is also a procedure for filing objections to the application for the mark for goods and services as the owner of the trademark rights have been violated this application. This procedure provides the state a fee of 1000 UAH and of course professional services to which you refer.
From the standpoint of long-term experience of our company in advance recommend the use of pre-trial method for solving such situations, since the litigation will take much more time, and therefore the financial resources.
To date, the company has KODEX service monitoring applications for trademarks to identify evidence of possible violations of intellectual property clients.
Use the services of professionals - this will save you the time and as a result - money.