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Intellectual Property Law Practice
D&L IP GROUP
UA RU EA
Trademark Search | Trademark Filing and Prosecution | Trademark Enforcement | Madrid Refusals| Portfolio Management
ENFORCEMENT OF TRADEMARK RIGHTS IN UKRAINE
The bottom line for us experienced trademark attorneys is that the trademark is only as strong as your enforcement strategy is effective. We use all tools available to help deter, identify and cease infringement of our client's trademark rights in Ukraine. We provide counsel, develop and execute trademark enforcement strategies based on our local expertise and global outreach aligning local enforcement strategy with our client's global and regional brand enforcement programs.
MONITORING OF NEW TM FILINGS TO IDENTIFY CONFLICT
We conduct monitoring of new and pending trademark filings to identify potentail conflicts. The only way a trademark owner can oppose harmful trademark registration in Ukraine before it is granted is by filing arguments with examination against bad faith registration at the time of examination. Examination must take these arguments into consideration as long as they are filed 5 days prior to granting. To identify such harmful filings, we conduct monthly searches and deliver citations to clients with our opinion and suggested course of actions.
CEASE AND DESIST LETTERS IN UKRAINE
Once harmful filing or infringing use is identified either by our internal monitoring, client's third party watch notice or monitoring agency, we take actions to actually stop the infringing activity. Depending on situation and preliminary investigation findings, we develop the strategy based on our market knowledge. business considerations and available legal instruments. We draft effective cease and desist letters that is a cost effective way to initiate the communications with the alleged infringer, put the infringer on notice and prompt disclosure of its position and resources.
TRADEMARK CONFLICT RESOLUTION
Our attorneys are trained and certified as mediators of Intellectual Property Disputes. We have the skill and market knowledge to find common ground with even most oppressive infringers. With uncertainty and expected length of court proceedings to stop infringement actions, conflict resolution skills and expertise are critical to cease the infringing and harmful activities in the cost effective manner.
OPPOSITION TO TM REGISTRATION IN UKRAINE
Any interested party can notify examination of the potental conflict by submitting opposition arguments at least 5 days prior to the grant of the mark. We stopped multiple harmful applications from maturing to registration by monitoring the filings and filing timely arguments to let the Examiner know there is a potential conflict. It is another cost effective tool to deter infringement in Ukraine and avoid potentially costly court actions to invalidate the mark upon issuance of the Trademark Certificate. Please note there is no opposition after publication available at this time in Ukraine. We highly recommend to exercise your option to oppose the conflict during the examination by filing arguments against registration.
CUSTOMS REGISTRATION OF IP
Registration of Intellectual Property Object with Customs of Ukraine has become a very effective tool to stop the import of infringing goods. We have extensive experience with customs registrations dealing with unauthorized entities trying to import the counterfeit goods through the customs of Ukraine as well as multiple legitimate distributors bringing the goods bearing the mark/design.