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Preliminary inspection of the trademark

PRELIMINARY INSPECTION IS NECESSARY FOR THE IDENTIFICATION OF PREVIOUSLY REGISTERED TRADEMARKS TO AVOID POSSIBILITY OF FAILURE FOR REGISTRATION.

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Required Information

  • Type of trademark (word and / or logo); 
  • Customer data. For individuals - passport data. For legal entities - an extract from the Unified State Register of legal entities, individual entrepreneurs and community groups. 

Service cost

The cost of the preliminary search for a Trademark depends on the number of classes according to International (Nice) Classification of Goods and Services, the type of trademark (word, logo or combination of words and logos)

The term of the preliminary inspection of the trademark is from 5 working days.

The service includes

  • Selection of classes according to International (Nice) Classification of Goods and Services for your trade mark.
  • Report on information search through the database of registered trademarks and through the database of filed applications for trademarks in Ukraine (under the national procedure and the Madrid Agreement). 
  • Extended consultations on registration of the trade mark on the basis of the result of the preliminary inspection.

Where the preliminary search for a trade mark is carried out and what does it include?

Preliminary search is carried out by a special department of the Office on a pre-arranged request. 

The inspection is conducted in such registers: 

  • register of trademarks registered in Ukraine;
  • register of applications for registration of trademarks filed in Ukraine;
  • register of trademarks registered in Ukraine under the international procedure;
  • register of applications for the registration of trademarks in Ukraine filed under an international procedure.

Pay attention!

Unfortunately, to date, not all law firms are professionally involved in the performance of their duties. Quite common is the situation when companies carry out "allegedly" "cheap" inspection of trademarks, but at the same time information is taken from open databases. Open databases include data only about those trademarks that are already registered. They do not include applications for trademarks that are filed for registration, and their owners still await the receipt of the certificate. And especially not respectable companies do not check trade marks on international applications. In order not to be deceived, you must demand from the law firms that helps you the official extended report of the Office with the stamp and signature of the head! 

Such a report will indicate all registered, filed for registration, exactly the same or similar trademarks at the time of the inspection in order to be refused registration at the qualification examination stage. KODEX specialists will provide a free consultation on the basis of the Report on the probability of your brand registration taking into account the received report. 

Why should a preliminary inspection be conducted?

The service of preliminary search of a trademark (a sign for goods and services) for identity and similarity is conducted with the purpose of checking the originality of your designation (trade mark).

Often customers consider their trade mark to be unique and original and refuse to conduct a preliminary check. Such actions sometimes lead to the refusal of the Office to register due to the presence of a similar registered trademark. In this case, you still have to check, and then apply for registration again. All this entails additional expenses. It is necessary to take into account the fact that the registration of trade mark by the usual procedure takes about a year. If there is a similar or identical to your trademark, you will receive a denial of registration at the end of the above-mentioned period. By that time you will have already spent your time on advertising of your company, signs, etc.

The inspection of uniqueness is also needed to determine the market of competitors. Thanks to the report, you will be able to determine how many entrepreneurs are already manufacturing goods or providing services under a certain brand. 

An equally important reason for conducting a preliminary inspection is the registration of a trademark for the .UA domain. Analyzing the results of the inspection, KODEX specialists will be able to determine which trademarks are still at the registration stage and potentially can take the .UA domain. If you own such information, the registration of a trademark can be made by an accelerated procedure. Due to the fact that KODEX is the only law firm in Ukraine that can register a trademark in the shortest possible time, you will be able to get ahead of competitors, register the desired brand and get the desired .UA domain.



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