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Facts about IP
Successful advertising campaigns of some BRANDS
  • After filing an application for registration of a trademark, changing the image of the trademark and expanding the list of classes is not allowed
  • Non-residents of Ukraine can register trademarks only through patent attorneys of Ukraine
  • .UA domain registration can be carried out only after the registration of a trademark in Ukraine
  • Terms of TM registration in Ukraine: standard (18-20 months) and accelerated (7.5-8 months)

Domains registration

The most often we come across with the matter of the registration of the domain name in zone .UA. There is a common mistake to think that one can register the domain .UA by the application number. It is not so, because its registration requires the availability of the registered trade mark. Attention, dear clients: not simply a trade mark, submitted for the registration, but those one, which has already passed all the registration stages and which is supported by the document of title, i.e. Certificate. This is the obligatory precondition of the Rules of the domain name .UA.

To meet the given goal, the optimal variant will be the super-accelerated registration procedure, which allows to get the certificate in 7,5-8 months from the moment of the filing of an application.

With the view that the most applicants are not familiar with the above-mentioned information, the given sub-section we have decided to devote to the peculiarities of the domain name registration in the .UA zone. In the process of the material preparation we first of all were taking into account those questions, to which you most of all want get answers from us. In the present sub-section you also will be able to find another useful for you information.

Requirements to the trade mark, by which you are going to register the domain .UA:

  1.   The trade mark should be registered (either by the national registration procedure, or by the international procedure in accordance with the norms of the Madrid System). According to i. 1.6 of the Rules of the domain name (hereinafter referred to as Rules) .UA: “The term “Mark” within the frameworks of the present rules defines the word sign for goods and service, which is confirmed by the certificate of Ukraine, issued by the central body of the executive authorities for matters of the legal protection of the intellectual property, or such a sign, which has obtained the legal protection on the territory of Ukraine in accordance with the Madrid Agreement”.
  2.   The registered trade mark can be both of the verbal and combined kind (it goes without saying that it cannot be of the graphic kind). According to i. 1.6. of the Rules “…If such a registered mark for goods and services consists of the text and other designations (one registers in the capacity of the domain – note of the Agency)”, i.e. the verbal part, which the object of the legal protection by itself”.
  3.   The verbal part of the trade mark should clearly correspond those writing, which you want to depict in the domain name .UA. As the phrase goes, it is invariably. According to i. 3.2. of the Rules “Private domain names of the second level in the domain name .UA are delegated just in case if the corresponding domain name fully or its component of the second level (to sign “.”, but excluding this sign), in written coincides with the mark, the usage rights of which on the territory of Ukraine belongs to the corresponding registrant”.
  4.   Writing of the trade mark within the frameworks of these Rules is deemed “… its representation in symbols such as letters of the Roman alphabet, Arabic numerals and sign “-”. If the Mark contains symbols of other alphabets, besides the Roman one, figures of other calculation systems and / or other symbols, the Mark writing is taken in the form of its Roman transliteration, performed in accordance with the rules of the transliteration of that alphabet, on which the Mark is written” (i. 3.2.).

Recommendation of our Agency::

  1.   It is better to register the trade mark by the most accelerated procedure, because in 2-2.5 months you will be the owner both of the domain and legal protection of the sign.
  2.   We persistently recommend performing the preliminary search before filling an application. There is a big risk to loose money, time, and possibly a domain in case of the preliminary rejection. The results of the preliminary search will not just help to choose the most optimal class for the registration, but also orient you in the general situation. It is possible that your competitor or someone else is within easy reach to the darling domain registration. In the last case the search results will not bring much joy, but they will be able to prevent useless expenditures on the trade mark registration, etc. The price of the matter totally amounts 720 UAH.
  3.   It is desirable to fill an application in the topical class (classes) of the International Classification of Goods and Services in the process of the trade mark registration for the sake of the domain .UA. That means, it should relate those goods and / or services which you really plan to produce and / or render. But it is harder to meet this goal year in year out. Just imagine, for January 1, 2010, 106 714 certificates for trade marks have been issued. And how many of them are still in the process of the registration…And how many trade marks have obtained the legal protection in Ukraine by the international registration procedure… According to i. 4 article 5 of the Law of Ukraine “On protecting rights to marks for goods and services” “Volume of the legal protection, which is granted to the mark for goods and services, is predetermined by the sign depiction and list of goods and services…”. The registration in the topical class will not further bring problems in the process of using the trade mark and, thus, the domain. In connection with that, we recommend you to get acquainted with articles 16-19 of the above-mentioned Law. If you have to fill an application in the non-topical for your activity class of the International Classification of Goods and Services, one should care for the prevention of the possible coming of different problems. We know how to prevent and eliminate problems of such a kind. We will be glad to cooperate with you.
  4.   If, having registered the trade mark and domain .UA, you are not able to launch the web-site, project and activity for some reasons, take care of the prevention of loosing your trade mark with the domain on the basis of the disuse. And that’s the reality. The ground for that is i. 4 of article 16 of the Law of Ukraine “On protecting rights to marks for goods and services”. Practically all good names are already used. We have passed the time of the “mass” trade marks registration for the sake of the domain. New times are coming. You should take care of saving your trade mark and domain. We will be glad to cooperate with you on the present matter.
  5.   We persistently recommend you to start the process of the trade mark and domain .UA registration before the moment of launching promotion of the name, you are interested in, before the moment of its mentioning in mass media or even in other circles of the population. We think it does not require the explanation. Go and act.

And that is the top of the iceberg. Except the above-mentioned points, there is great deal of other nuances, connected with the competent preparation of the trade mark description, trade mark registration procedure, its usage, etc. We are by your side and we will help you with all the matters.

Everyone knows, the domain (domain name) is the name of the web-site, which is typed by the Internet users in the browser when they are looking for the web-site, they are interested in. There is the official notion of the domain.

According to the current Law of Ukraine “On the telecommunications”, the domain is the part of the hierarchical address space of Internet, which has the unique name, which identifies it. It is serviced by the group of servers of the domain names and is administrated in the centralized way.

The Law of Ukraine “On the telecommunications” also specifies the notion of the domain .UA. This is the domain of the top level of the hierarchical address space of Internet, created on the basis of coding the names of countries in accordance with the international standards for servicing the address space of the Ukrainian segment of Internet. The second level domain is the part of the address space I Internet, which is placed at the second level of the names hierarchy in this network.

The domains registration is putting the information about the domain and its administrator to the central data base in order to provide the uniqueness of the domain use and get the rights for the domain administration by the administrator. The service on the domain registration is considered as the rendered one from the moment of loading the information to the data base. The domain registration is valid during a year, counting from the moment of the domain registration with the opportunity to prolong the registration.

Examples of domain names: Domains are divided by levels. The most right domain in the address is called the first level domain, the other ones, following it from the right to the left are domains of the second, third levels, etc.

Thus, in the address, e.g. www.torgmarka.com.ua:
ua is the first level domain (TLD, Top Level Domain),
com is the second level domain,
torgmarka is the third level domain,
www is the fourth level domain.

Domains of the top level are divided into two types:

1) generic (Generic Top Level Domains - gTDLs) indicate the kind of the activity of the domain name holder:
.com  Commercial organization
.net Providers, network organizations
.org Nonprofit institutions
.gov Governmental institution
.mil Military organizations
.edu Education
.biz Business
.pro Professional
.name Individual persons
.museum Museums
.aero Aviation
.coop Cooperatives
.info General information
.movie Official sites of films 

2) by the country of the domain registration (Country Code Top Level Domains - ccTLDs): .ua, .ru, .fr and others.

Internet Corporation for Assigned Names and Numbers, or ICANN is an international non-profitable organization, founded on September 18, 1998 under the participation of the USA Government to regulate matters, connected with the domain names, IP-address and other aspects of Internet functioning.

IANA (from Engl. Internet Assigned Numbers Authority) is an American non-profitable organization, managing spaces of IP-addresses, top level domains, and registrating types of MIME data and parameters of other Internet protocols. It is controlled by ICANN.

The activity of ICANN has substantially changed the Internet outlook. Only one company was dealing with the registration of names in the common use domains till 1998. And that in its turn was one of the reasons, preventing the increase of the number of the registered domain names. There were only three million domain names in 1998.

ICANN Corporation has started to use the allocated system of the domains registration, based on the principle of the free access of the accredited registrars to the domain names registers. This step has laid the foundation of forming the competitive domain market. Today, more than 900 accredited registrars work in the common use domain zones. Thanks to this fact, the number of the registered domains has grown substantially. It exceeds 160 million now.

On December 1992 Johnathan Postel (IANA) delegated the first level domain of the country code .UA. The first domain administrators were the leading Internet-specialists of Ukraine Oleg Voloshchuk and Igor Sviridov. Since March 2001, some administrative powers have been delegated to Hostmaster Company, performing works on .UA accompanying for more than eight years. ccTLD has passed a long way from the moment of  .UA delegation. 55 public domains, including 7 of the target and 48 of the geographical kind are registered now in .UA domain. The total number of private domains, registered in .UA ccTLD and public domains in it reached 491544 in December 2009.

Hostmaster Limited Liability Company is a specialized enterprise. It performs the only kind of activity, i.e. granting services on the administrating and accompanying technical supporting of the domain .UA and public domains in it.