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Let’s consider the notions of the “identity” and “similarity” from the legislative point of view. According to the rules of filling and submitting the application for the consideration of the possibility of issuing the certificate for the mark for goods and services, the designation is identical with the other designation if it coincides with it as to all the elements. The designation can be called similar to the degree of mixing with the other mark if it is generally associated with it despite the difference in separate elements. In the process of defining the similarity of trademarks one takes into account the sound (phonetic), graphical (visual), and notional (semantic) similarity. We will explain these features with more details. Trademarks can be determined as similar by the sound (phonetic) feature if they are pronounced and heard practically in the same way. For example “adidas” and “adidos”. At first sight these signs are not very similar. And now try to close your eyes and pronounce the words one by one: it is evident that these signs are similar. Pay attention to the fact that is not of much importance in what language they are written, by which type they are depicted, etc. Trademarks can be identified as similar by the graphical (visual) sign, if they are generally perceived practically in the same way. An important role here is played by different features of the trademarks such as the type, in which they are performed, colour palette, availability of the original graphical elements. Let’s consider an example of trademarks similarity by the notional (semantic) feature: “present” and “gift”. Thus, while performing the preliminary research, one should take into account all these three feature. That is why it is worthwhile entrusting such a task to the specialists.

According to the Paris Convention on the industrial property protection, the trademark registration in one separate country is not automatically spreaded over the other countries. For this purpose one should perform additional registrations in every country, you are interested in, directly or by means of the Madrilenian system. Thus, in the process of the trademark registration in Ukraine one should take into account only those trademarks, which are registered or submitted for the registration in Ukraine.

1. The search can be performed by oneself, having looked for the name of the trademark in famous searches in the Internet network. It is not so. Information about registered trademarks and marks, submitted for the registration is kept in the special data bases. That is why such a kind of a search should be entrusted to specialists.

2. Differences between trademarks, found by the search results, and you trademark only by one insignificant feature (for example, the difference in one letter) make them totally different. It is not so. According to article 492 of the Civil Code of Ukraine, the key purpose of the trademark is to distinguish goods/services of one producer from goods/services of another producer (and not to mislead the consumers).

3. Absence in the search results identical or similar trademarks guaranties the positive resolution in the process of the registration. It is not always so. It is not enough to get “raw” results of the search. They should be thoroughly analyzed. There is also a great deal of other possible barriers in the registration process, which can be detected by specialists of our Agency on the stage of the search conduction and recommend you the further steps, which should be take.