MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys ISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys
ISO 9001 CERTIFIED


TRADEMARK WATCHING SERVICES IN RUSSIA AND UKRAINE

The Trademark Watching is a fundamental of successful IP portfolio maintenance. Despite the fact that existing trademark protection system in both Ukraine and Russia includes examination on absolute grounds, additionally to relative ones, which in most cases protects right owners from later registration of identical or similar trademarks. However, precedents of registration of similar and identical trademarks exist.

For example:

1. There are situations when registration of combined trademarks (word element + image) with identical word elements but different graphic representation takes place. In such a way, the word element of the previously filed trademark loses its distinctive character as it ceases being associated exclusively with the owner of the earlier trademark. Therefore, the trademark loses its individualizing function.

2. Combined trademarks may contain no similar word or figurative elements (as may be seen in the example below); however, the trademarks may still be perceived as similar because of the common stylistics, form or structure and, at a quick glance, may mislead or deceive customers.

3. Registration of similar trademarks for homogeneous goods may also be as follows:

  • registration of similar figurative trademarks;
Trademark Watching Services
  • registration of trademarks with similar semantic meaning.

Registration of similar trademarks in different classes of the Nice Classification but in respect of homogeneous goods/services takes place quite often as well.

Besides, the possibility of similar trademarks registration may be influenced by a human factor as well as relatively subjective opinion of an expert.

Trademark watching allows to:

  • monitor trademark applications and registrations by keyword, sign, elements of sign;
  • initiate timely actions against trademarks which may potentially infringe your rights;
  • avoid possible losses of profit as consequence of the unlawful use of identical or similar trademarks by third parties;
  • prevent infringements in the administrative, pre-trial procedures;
  • minimize cost and time involved in litigation actions;
  • monitor the activities of competitors and the market as a whole.

Therefore, watching services is an important complimentary tool to ensure strong trademark protection strategy.

Watching Coverage:

MSP Watching Services are performed by specialized software with different sorting and filtering capabilities comprising the most actual data from the following registers:

  • Published Ukrainian trademark applications, which have passed formal examination;
  • Ukrainian trademark registrations;
  • International applications with designation of Ukraine;
  • Russian trademark applications;
  • Russian trademark registrations;
  • International applications with designation of Russia.

Weekly trademark watching report includes detailed information on possible conflicting filed or registered trademarks; information on the applicant/rightholder; timeframes for filing oppositions; expert opinion regarding similarity of conflicting trademarks; information on applications/registered trademarks in a particular class(es) of goods and services or applied/registered for homogeneous goods and services. Please contact us for any questions or ordering sample of a search report.

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MIKHAILYUK, SOROKOLAT & PARTNERS 2005-2017
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