Trademark Registration

A company name, logo, or product slogan can all be legally protected through trademark registration. Here is a brief overview of what this legal tool is, why it matters for business, and how to obtain it – both in Ukraine and abroad.

What Is a Trademark

A trademark is a sign that distinguishes the goods or services of one company from those of another. It may consist of words, figurative elements, a combination of colors, the shape of goods or their packaging, or even a sound – the key requirement is that the sign be sufficiently distinct and recognizable.

Until a mark is registered, it legally belongs to no one: anyone may use it, and there is no way to legally defend rights to it.

Read also: How to launch a business in Ukraine

What Registration Gives You

A trademark certificate is not merely proof that a brand exists – it is a practical legal tool that proves valuable in very concrete situations:

–   Exclusive right of use. You may prohibit others from using an identical or confusingly similar sign – this matters when a competitor launches a product under a suspiciously similar name or packaging.

–   Brand commercialization. Registration provides the legal basis for a licensing agreement or a commercial concession (franchise) agreement, allowing partners to use the mark on agreed terms while the owner receives compensation.

–   An asset on the company’s balance sheet. A registered trademark can be factored into the valuation of the business.

–   Customs protection. The trademark can be recorded in the customs register to prevent counterfeit goods from being imported into or exported out of Ukraine.

–   Judicial protection. A certificate provides grounds to demand that an infringement be stopped and that damages be compensated.

–   Lower risk of infringing on someone else’s rights. Filing an application is preceded by a search for conflicts with existing registered marks, allowing potential conflicts to be identified before the business invests in a name, packaging, advertising, or promotion.

–   A .UA domain name. If the mark is registered, a matching second-level domain name that corresponds to a common word can be obtained – without trademark registration, obtaining such a domain is not possible.

–   Evidence in digital disputes. Advertising platforms and marketplaces increasingly require proof of brand rights before a campaign launch or product listing. In disputes over domain names, social media accounts, or listings someone else registered under your name first, the certificate becomes the key piece of evidence supporting your claim.

How to Register a Trademark

Trademark registration can be national – valid only within Ukraine – or international, extending protection to several countries at once. Let’s look at both options.

Registration in Ukraine

The application is filed with the Ukrainian National Office for Intellectual Property and Innovations (the IP Office). The standard procedure includes a formal examination and a substantive (qualification) examination, and on average takes about 18 months. The certificate is valid for 10 years and can be renewed.

An application may be filed by any individual or legal entity, whether a resident or a non-resident of Ukraine. For foreign applicants whose permanent place of residence or location is outside Ukraine, the application is filed through a patent attorney.

Registration Abroad

If a business plans to operate in other markets, there are two routes. The first is to file a separate application directly with the trademark office of each country where protection is needed. The second, more convenient route is to use the Madrid System: a single application filed through the IP Office allows protection to be obtained in several member countries of the Protocol at once. The choice between the two depends on the geography of the business: for one or two countries, filing directly is often simpler, while for a broader international expansion the Madrid System saves considerable time and resources.

Summary

Registering a trademark is a practical step that turns a company’s name or logo from a mere design element into a legally protected asset. We support clients at every stage of this process – from choosing a registration strategy to defending rights in the event of infringement – including dedicated support for businesses with a foreign component.