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Facts about IP
Успешные рекламные кампании популярных ТМ
Useful
  • en. Предварительный поиск на тождество и сходство торговой марки проводится по специальным закрытым базам данных Укрпатента
  • en. Торговой маркой могут быть, в частности, слово (слова), изобразительные элементы (рисунки), комбинации слов и рисунков
  • en. Регистрация торговой марки в Украине и регистрация торговой марки за рубежом - отдельные процедуры
  • en. Для начала работы по регистрации торговой марки Вам необходимо заполнить анкету и доверенность, бланки которых мы

Conducting a search for identity and similarity

What is a preliminary search?
A preliminary search of trademark is a procedure to identify the previously declared and registered trademarks (brands), which are identical or similar to the tested trademark (brand) with its verbal part, design part or both.

We can conduct searches for you in Ukraine, Russia, using Madrid System or the base of symbols of the European Community (Community Trademark Registration in European Union) at different times. Specialists of our Agency will certainly help you to choose the most appropriate option for your search.

Why do we recommend you to conduct a search?
As a rule, the search is conducted PRIOR to filing, that’s why it is called a «preliminary». This step is not obligatory during trademark registration. The reason is that during the qualifying examination of the application the experts of Ukrpatent are obliged to search. And if they identify symbols which are identical or confusingly similar to your mark, there will be serious problems with your trademark registration, up to a partial or even complete denial of registration. The most annoying thing is that in this case you waste not only time to register the trademark, but money invested as in this process, so in advertising the trademark. Therefore we always advise our customers to conduct a preliminary search for the trademark before filing for trademark registration. As the Chinese saying goes «forewarned means saved».

Conducting a search in Ukraine

Criteria to search trademarks in Ukraine are quite diverse:

  • depending on type of trademark there are search for verbal trademark, design trademark and combined trademark;
  • depending on term of search,there are accelerated search (5 working days) and non-accelerated search procedure (10 working days);
  • depending on number of ICGS classes there are search for one class, several classes and all classes (most often applied to register the trademark in order to get a domain name in the zone .UA);
  • depending on source of search data there are search only for registered trademarks and the full-text search (as in the base of already registered trademarks, so in the base of only filed for trademark registration);
  • depending on type of registration procedure of trademark there are search for the national procedure and search for the international procedure.

Our Agency’s advice: before the search it is necessary to consult with our specialists on the selection of search criterion. For example, in order to save your budget, we often recommend searching only for the verbal part of the combined trademark. There are situations when a company has several options of symbols and it is necessary to choose only one, which will be the trademark. In case when customer can not make such choice, it is useful firstly to make a so-called “express – search”, i.e. search only in the base of already registered trademarks, and then to conduct a full-text search for the “remained” symbols. There are also different misconceptions about the preliminary search, which we are going to tell you about. As a rule, every situation requires an individual approach. And we will select for you the most optimal one!

Conducting a search in Russia

Before your trademark registration in Russia you should check if there were any previously registered symbols that can serve as an obstacle to further registration. Depending on type of trademark, a preliminary search can be conducted for verbal, design or combined trademark. But, as a rule, a preliminary search should be conducted only for the verbal part of trademark.

Conducting a search using Madrid System and the base of symbols of the European Community

The search using Madrid System assumes checking your name on the trademarks registered in a country in accordance with the Madrid Agreement on the International Registration of Marks and the Protocol to the Madrid Agreement on the International Registration of Marks. Typically, this type of search is conducted before filing the trademark for the international registration under the Madrid System.

The search using the base of symbols of the European Community is conducted before the registration procedure of the European trademark.

The advantage of these types of search is that in case of identical or similar trademarks these procedures can save you from needless expenses for registration. The disadvantage of these types of search is that their results do not contain trademarks, registered or filed in any country on their national procedure, which are taken into consideration only at the examination.