Trademark monitoring is an important procedure serving for protection of the trademark holder’s rights, and recent changes in the trademark registration procedure in Ukraine raised its significance even more. Monitoring service allows revealing the third parties’ trademark applications which are confusingly similar to the trademark duly registered earlier and which may infringe the rights of the holder of such earlier registered trademark in Ukraine. It is essential to timely reveal such infringing applications in order to be able to file an opposition against their registration.
Trademark opposition period
By the recent amendments to the Trademark Law of Ukraine the opposition term has been limited up to three months from the date of the trademark application publication, while previously the interested party could file an opposition within the whole process of examination.
For opposition purposes the data on the application is published in the Bulletin within five business days from the notification on the filing date establishment. The information on an international trademark registration designating Ukraine is published as soon as the Trademark Office receives a corresponding notification from the WIPO.
Due to the limitation of the term for filing an opposition, the chances to timely reveal the conflicting trademarks have been considerably reduced. If the term for filing the opposition is missed, the trademark may be subsequently appealed through the court only, which is a much more expensive procedure.
Accordingly, introducing of limited opposition period makes the trademark monitoring procedure particularly important functioning as a powerful tool of protection of the trademark holder rights.
The importance of trademark watching
Even though the trademark registration procedure in Ukraine includes the examination on the relative grounds, it always involves a human factor and the examiner’s opinion may differ from the one of the trademark rights holder. Thus, it is extremely important for the trademark owner to be informed as to the filed trademark applications potentially constituting the threat to his rights, that will allow him to make an on-time decision on the steps necessary for the protection of the trademark rights.
In order to timely prevent infringements, we offer our Trademark Watch service, designed by our company and intended for the monitoring purposes. The monitoring is performed using sophisticated software, which thoroughly analyzes and collects the data to generate a watch report.
In view of the increased importance of watch service, we offer FREE monitoring for the new trademark applications filed through our company in Ukraine. The applicant will be timely informed about the applications on the identical trademarks and trademarks comprising the identical verbal elements which are filed by third parties.
Advanced monitoring can be ordered on a paid basis - such service reveals not only identical trademarks but also similar ones, that provides more complete real-time picture of the market situation.
Before conducting the monitoring it is useful to conduct the full search which shows all identical and similar trademarks previously filed or registered through the national or international (Madrid) procedure in Ukraine. Search results include the detailed information on the revealed trademarks including the name of the holder, protected classes of goods/services, status, next renewal date, etc.
Learn more about the trademark watching services in Ukraine.
Contact us though the below form in order to get the information on trademark monitoring tariff options.