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On Protection Of Rights To Marks For Goods And Services

Original Language Title: Про охорону прав на знаки для товарів і послуг

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C A C U A TO R S
About the Protection of Signs for Goods and Services
(Information of the Verkhovna Rada of Ukraine (VR), 1994, N 7, pp. 36)
{Be in Action by VR
N 3771-XII 3771-12 ) 23.12.93, BBB, 1994, N 7, st. 37}
{With changes under the Laws
N 751-XIV ( 751-14 ) from 16.06.99, VB, 1999, N 32, pp. 266
N 2188-III ( 2188-14 ) of 21.12.2000, VR, 2001, N 8, pp. 37
N 2783-III ( 2783-14 ) 15.11.2001, VB, 2002, N 7, pp. 51
N 2921-III ( 2921-14 ) from 10.01.2002, VB, 2002, N 16, pp. 114
N 34-IV ( 34-15 ) from 04.07.2002, IWR, 2002, N 35, pp. 256 N 762-IV 762-15 ) of 15.05.2003, VR, 2003, N 30, pp. 247 N 850-IV 850-15 ) from 22.05.2003, VR, 2003, N 35, pp. 271 N 254-VI ( 254-17 ) from 10.04.2008, VCE, 2008, N 23, pp. 217 N 5460-VI ( 5460-17 ) 16.10.2012, VCE, 2014, N 2-3, pp. 41 N 317-VIII ( 317-19 ) from 09.04.2015, VR, 2015, N 26, pp. 219}

{In the text of the Act, the word "Widom" is replaced by the word
"Institution" in relevant differences with the Law
N 2188-III ( 2188-14 ) 21.12.2000}

This Act governs the relationship arising from the
Acquiring and exercising the ownership rights for goods and goods
services (hereinafter-sign) in Ukraine.

R O and L I
GENERAL PROVISIONS
Article 1. Definition
In this Act, the lower case is used as follows: The institution is the central executive body that implements
Public policy in intellectual property; {Abzac
second Article 1 in the edition of Act N 2188-III ( 2188-14 ) From
21.12.2000; with changes made under Act N 5460-VI
( 5460-17 ) 16.10.2012} a person is a physical or legal person; {Abzac third article 1
with changes made under the Laws N 850-IV ( 850-15 ) From
22.05.2003} a sign-a designation for which goods and services of one person
are distinguished from the goods and services of other persons; (Abzac is fourth
Article 1 of the changes under the N 850-IV Act
( 850-15 ) 22.05.2003) A certificate is a certificate of Ukraine to a sign for goods and services; A registered sign-a sign that issued a certificate; application-the collection of documents required for the issuance
Certificate of evidence; The applicant is the person who submitted the application or given the rights of the applicant in
other established law of order; (Abzac of eighth article 1 of
changes in accordance with the N 850-IV Act ( 850-15 ) From
22.05.2003) {\f29 requisition priority } {\f29 is a the priority date is the date the application will be submitted before or before
the corresponding body of the State-the party of the Paris Convention on
The protection of the industrial property under which the priority is given; Register-State Register of Certificates of Ukraine on Signs for
Goods and services; Appellate Chamber-Collegial Body for Review
Against a decision to set up rights to objects
intellectual property and other matters taken to its
the competence of this Act; (Article 1 is supplemented by paragraph according to
Act N 2188-III 2188-14 ) 21.12.2000, with changes
In accordance with the Law N 850-IV ( 850-15 ) 22.05.2003) The institution is authorized by the Government of Ukraine
(enterprise, organization) to review and conduct expertise
applications; (Article 1 is supplemented by paragraph under Law N 2188-III
( 2188-14 ) 21.12.2000) State Intellectual Property Legal Protection System-
Institution and aggregate of expert, scientific, educational,
information and other relevant specialization of public
Installation of the Installation Management Sphere; (Article 1)
complemented by the paragraph under the N 2188-III Act ( 2188-14 ) From
21.12.2000) domain name is the name used for addressing
computers and resources on the Internet; (Article 1 is supplemented by paragraph
under the Law N 34-IV ( 34-15 ) From 04.07.2002) ICU-International Classification of Goods and Services for
A sign of signs. (Article 1 is supplemented by paragraph under the Law
N 850-IV 850-15 ) 22.05.2003)
Article 2. Office of the Secretary-General
For goods and services
1. The decision provides for the implementation of public policy in the field of
Protection of the rights to the signs for goods and services, for which: Organizes the application of applications, conducting their expertise,
Accepts decisions concerning them; produces certificates for signs for goods and services, provides them with
State registration; provides the publication of official information about the signs for
Goods and services; International cooperation in the field of legal protection
intellectual property and represents Ukraine ' s interests on issues
Protection of the rights for goods and services in international
organizations in accordance with the current legislation; {Paragraph 1 of sixth paragraph 1 of Article 2 is excluded based on the Law of the
N 5460-VI ( 5460-17 ) 16.10.2012}
organizing information and publishing activities in the field
The legal protection of intellectual property; organises research work on improvement
legislation and organization of activities in the field of legal
intellectual property; Organizes the work for retraining of state personnel
The legal protection system of intellectual property; Commissions the institutions that enter the State legal system
Intellectual property protection, according to their specialization
perform individual tasks defined by this Act, the Regulation on
Institution, other legal instruments in the field of legal
Protection of intellectual property; (...) (...) {Paragraph
Eleventh paragraph 1 of Article 2 in the edition of Law N 5460-VI
( 5460-17 ) 16.10.2012}
2. The funding of the activities of the Installation is to be carried out by the
The State Budget of Ukraine. (Article 2 in the edition of Act N 2188-III 2188-14 ) From
21.12.2000)
Article 3. International treaties
If the International Treaty of Ukraine establishes other rules,
than those stipulated by the legislation of Ukraine about signs,
Apply international treaty rules.
Article 4. Rights and duties of foreigners and persons without
Citizenship
1. Foreign and persons without citizenship have equal rights
the citizens of Ukraine the right and duty provided by this Act,
accordance with international treaties of Ukraine, the agreement on
The duty of which is provided by the Verkhovna Rada of Ukraine.
2. Innoworld and stateless persons in relations with
The institution will implement their rights through representatives in cases
intellectual property (patent attorneys) registered in the
according to the position approved by the central authority
the executive branch, which provides the formation of public policy in
Intellectual property. {Article 4 in the edition of Act N 5460-VI ( 5460-17 ) From
16.10.2012}
R O and L II
LEGAL PROTECTION OF THE SIGNS
Article 5. Conditions for the provision of the legal protection
1. The legal guard is given a sign that is not contradictory
public order, the principles of humanity and morality, the requirements of the Law
Ukraine "On the condemnation of the communist and national socialist"
(Nazi) totalitarian regimes in Ukraine and the ban
propaganda of their symbolism " ( 317-19 ) and on which are not distributed
Grounds for failure in the provision of legal protection established by this
By law. {Part 1 Article 5 of the changes made under the Act
N 317-VIII ( 317-19 ) From 09.04.2015}
2. An object of a sign may be any notation or any
a combination of designations. These can be, in particular,
words, including their own names, letters, numbers, images
elements, colors and combinations of colors, as well as any
a combination of such notation. The object of the object cannot be named
or pseudonyms who have held leadership positions in the Communist Party
Party (Office of the district committee and above), higher
the power and management of the USSR, the Ukrainian SSR (USRR), other allied or
autonomous Soviet republics (other than cases involving
development of Ukrainian science and culture), worked in Soviet
bodies of state security, the names of the USSR, the Ukrainian SSR (USRR), other allied
the Soviet republics and derivatives of them, names related to
activities of the Communist Party, establishing Soviet power on the
of the territory of Ukraine or in separate administrative and territorial
units, chasing members of the struggle for independence
Ukraine in the 20th century. {Part of the second article 5 of the changes made under the Act
N 317-VIII ( 317-19 ) From 09.04.2015}
3. The ownership of the sign is found to be conscious. Rows
the death certificate is 10 years from the date of submission
The institution continues by the decree on the owner's petition.
Certificate of certificates every 10 years, on the terms of payment of the order of order,
Article 18, paragraph 2, of this Act is set. Order
the continuation line of the certificate is set by the central
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 3 of Article 5 of the
changes under the Act N 5460-VI ( 5460-17 ) From
16.10.2012}
The certificate of evidence is discontinued under the conditions laid out in the
18 of this Act.
4. The scope of the legal protection provided is determined by
the image of the sign and the list of goods and services listed before
Register, and is found to be conscious of a copy of it.
included in the Register Image of the sign and the list of goods and
Services.
5. Right to obtain a certificate in the order established by the
By law, have any person, union of persons or their
The Offenders.
6. The right to receive a certificate has a applicant whose application has
an earlier date of submission to the Installation or, if a given priority,
more early date of priority, provided that the specified application is not
is considered to be withdrawn, not withdrawn, or by it
A failure to register a sign, an opportunity
The appeal of which is exhausted. (Article 5 in the edition of Law N 850-IV) 850-15 ) 22.05.2003)
Article 6. Reasons for rejecting the Legal Protection
1. According to this Act, legal protection cannot be obtained
Marking or imitating:
State coats of arms, flags and other state symbols (emblems);
Official names of states;
emblems, shortened or full of the naming of international
Intergovernmental organizations;
Official control, warranty and proxies, seals;
Awards and other honors.
Such marks can be included in the sign as elements.
are not protected if the consent of the relevant competent authority is
the organ or their owners. The competent authority on the name of the state is
A collegial organ formed by the Decree.
2. Under the Act, the Act cannot obtain legal protection
The following are the following:
Of course there is no distinction and has not been such a
Due to their use;
consist only of the values commonly used as
Designation of goods and services of a particular species
consist only of the values or data that is descriptive
using on the stated goods and services, or
associated with them, including the view, quality, composition, quantity,
properties, destination, value of goods and services, location and time
Manufacturing or marketing of goods or services;
are misleading or so able to enter the misleading information.
A product, service or person that produces goods or provides a service;
consist only of the values that are commonly used
Symbols and Terms;
reflect only the form conditioned by the natural state
trademark or the need to obtain a technical result, or which
Provides goods of essential value.
The designation specified in the paragraphs in the second, third, fourth,
the sixth and seventh of this paragraph, may be made to the sign as
the items that are not guarded if they do not occupy the dominant
the position in the image.
3. Ca n' t be registered as marking signs that are
Identical or similar so that they can be confused with:
signs previously registered or declared for registration in the
Ukraine in the name of another person for the same or related
Goods and services;
signs of other persons if these signs are protected without registration
On the basis of international treaties whose membership is Ukraine,
in particular the signs recognized well known according to the article
6 bis Paris Convention on the Protection of Industrial Property
( 995_123 );
firm names known in Ukraine and belong to
other persons who have received the right to submit to
Application of applications for the same or related goods and services
Services;
qualified values of the origin of goods (including
alcohol and alcoholic beverages) are protected according to the
The Law of Ukraine " On Protection of Rights to Origin
goods " ( 752-14 ). Such designations can only be elements,
that are not guarded, the signs of persons who have the right to use
Given the specified values;
matching signs (certificates),
registered in the specified order.
4. Do not register as marking signs that reproduce:
industrial samples, rights to which belong to others
Persons;
the names of famous works of science, literature and art
or quote and characters from them, works of art and their fragments without
The consent of the copyright holders or their successors;
nicknames, names, aliases and derivatives of them, portraits and
The facsimile is known in Ukraine without their consent.
5. No legal protection can be obtained and cannot be obtained
registered as signs of designation contrary to the requirements of the part
article 5 of this Act and the requirements of the Law of Ukraine " On
Condemnation of the Communist and National Socialist
(Nazi) totalitarian regimes in Ukraine and the ban
propaganda of their symbolism " ( 317-19 ). {Article 6 is supplemented by a part of the fifth under the Law N 317-VIII
( 317-19 ) From 09.04.2015}
{Article 6 with changes under the N 751-XIV laws
( 751-14 ) from 16.06.99, N 2783-III ( 2783-14 ) 15.11.2001, in
revision of the Act N 850-IV ( 850-15 ) From 22.05.2003}
R O and L III
THE ORDER OF THE CERTIFICATE
Article 7. Application
1. A person who wishes to receive a certificate, delivers to the Installation
Apply. 2. By instructed the applicant can be submitted via
an intellectual property representative or other trusted
A person. 3. The application shall refer to one sign. 4. The application is composed of Ukrainian language and must contain: Registration statement; Declares the following statement: listing of goods and services for which the applicant is asked
Register a sign grouped by the ICC. (Fourth paragraph
4 articles 7 with changes in accordance with the N 850-IV Act
( 850-15 ) 22.05.2003) 5. In a statement on the registration of a sign, the applicant must be specified
(The applicant) and his address. 6. If the applicant asks for color protection or a combination of colors
As the distinguishing sign of its sign, it is bound to: claim this and specify a color in a statement, or a combination of colors,
For whom he asks; press the color image of the given sign.
The number of copies of these images is set by the central
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 6 of article 7 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
7. Other requirements for application documents are determined by the central
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 7 of article 7 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
8. The filing fee is paid by the size of which
is set to meet the number of ICTS classes, which
are covered in the application of goods and services. Document on
Payment payment must be sent to the Installation along with the application or
for two months of the date of submission. This Line
continues, but not more than six months if before its
The split will be given a proper petition and paid to collect for it.
The filing. (Item 8 of Article 7 in the edition of Act N 850-IV ( 850-15 )
22.05.2003)
Article 8. Submission Date
1. Date of submission is the date of the Decree.
materials containing at least:
A petition in an arbitrary form of registration of a sign, set out
In the Ukrainian language;
information about the applicant and its address laid out by the Ukrainian
Language;
A clear enough indication of what is claimed;
listing of goods and services for which the sign is declared.
2. The date of submission of the application is set under paragraph 10 and
Article 10 of this Act.
3. After setting the date of submission, any person has
the right to read the requisition materials in the order set up
the central body of the executive power, which provides the formation
(b) Intellectual property policy. For
A collection of applications is collected. {Paragraph 3 of Article 8 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
{Article 8 in the edition of Act N 850-IV ( 850-15 ) From 22.05.2003}
Article 9. Priority
1. The applicant shall be entitled to the priority of the prior application for such a
the same sign for six months from the date of submission
to the institution or to the relevant body of the State party of the Paris Agreement
of the Convention on the Protection of Industrial Property, if
The requisition is not a priority. 2. Priority of the sign used in the exhibit shown on
official or officially recognized international exhibitions held by the
in the territory of the State party of the Paris Convention on the Protection of
industrial property, may be established by date of discovery
the exhibition, if the application came to the Installation for six months
From the given date. 3. The applicant who wishes to take advantage of the right to priority,
within three months of the date of submission to the installation of
statement priority with reference date and number
prior application and its copy with translation into the Ukrainian language
or a document confirming the display of the marked sign at the exhibition,
if these requests or display were submitted or were held
in the State party of the Paris Convention for the Protection of Industrial
Property. Within this line, the materials indicated may be the same as:
Changed. If these materials are given untimely, the right to
the priority of the application is considered to be lost, about the applicant
Sending a message.

Article 10. Application Examination
1. The applicant has the status of scientific and technical expertise;
consists of formal expertise and qualification expertise.
(expertise essentially) and conducted by the institution of expertise, respectively
to this Act and rules established on its basis
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 1 of Article 10 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
2. The institution of expertise provides information activities,
required for examination of applications, and is the centre of
international exchange of editions according to the Convention on
International exchange of editions ( 995_172 ), adopted on 3 December
1958 General Conference of the United Nations
the questions of education, science and culture.
3. End results of an examination application
revoke or not withdrawn, displayed in obrusted
the conclusion of the examination for the application of the following
Approval of his Decree. Based on this conclusion
accepts a sign-registration solution for all specified statements
goods and services or about failure to register a sign for all
specified in the application of goods and services, or about the registration of a sign
concerning the parts of the specified goods and services and the denial of
the sign registration for another part of the specified goods and
Services. The decision of the institution is sent to the applicant.
The applicant has the right for a month from the date of receiving
the installation solution will request copies of the contrasted materials
The application. These copies are sent to the applicant for the month.
4. The applicant shall have the right of its own initiative or invitation
the institution of expertise personally or through its representative of the brothers
participation in the established central executive body that
provides the formation of public policy in the sphere of intellectual
of the order in consideration of matters arising during the
-Expert. {Paragraph 4 of Article 10 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
5. The applicant shall have the right to apply for errors and
changing their name (naming) and its address, address to
Correspondence, name and address of their representative, as well as changes concerning
Reducing the list of goods and services.
Applicant may make changes related to change
of the applicant, subject to the consent of the applicant in the application of others
Applicants. Such changes can be followed by all applicants to contribute also
The person who wishes to be a claimant.
These fixes and changes are counted if they are obtained
the institution of expertise not later by the recipient of the payment document
the state of charge for issuing certificates.
For correction of error correction or amendment
any of the marked changes of the collection, provided that
error is not obvious or technical, but change originated through addiction
I'm sorry, I'm sorry.
6. A schedule of expertise may require the applicant to provide
additional materials if without them conducting expertise
impossible, or if the obgruent doubts occur in the case
The authenticity of any information contained in
the materials of the application.
The applicant has the right for a month from the date of receiving
Notice or conclusion of an examination requirement
additional materials requested from it copies of materials
Counterposed statements.
Additional materials must be filed by the applicant for two
Months from the date of the establishment of the institution
Examination or copy of materials that are contrasted with the application. Rows
the presentation of additional materials continues, but not more than
six months if the answer is given
A petition and a gathering for his presentation. This row is skipped
for respectable reasons, renewed if within six months of
His split will be given a proper petition and paid for a gathering for
-His presentation. If the applicant does not apply extra materials to
set of rows, the application is considered to be recalled
Sending a message.
7. If the applicant is given additional materials, in the process
The experts are figuring out whether they come outside of the revealed
The stated statement is essentially the designation and list of the stated statements
Goods and services.
Additional materials go beyond the open in the Sudan
The statement is essentially a designation if they contain signs that should be
include a statement that is declared as a sign.
Additional materials in part that goes beyond the open source
in a submitted statement, the same designation or complements the list of listed
the application of goods and services, not taken into account during examination
applications and can be, after receiving the appropriate message
The institution of expertise, arranged by the applicant as an independent application.
8. Any person may apply to the institution of expertise
motivated objections to requests for discrepancy
To indicate the condition of the granting of the legal protection,
The Act is established.
A gathering is paid for.
Negation is considered if it is a given institution
Examination not later than 5 days before the decision date
the decision made by the statement.
The examination of the examination sends a copy of the applicant's objection.
The applicant is right to inform the institution of expertise on its
treatment for two months from giving it
A gain. He can refute the negation and leave the application without
changes, make sure to change or cancel it.
The results of the objection are reflected in the decision
Institutions for the application. A copy of this decision is sent to a crackdown
Objection.
9. During conducting formal expertise:
set the date of submission of the application pursuant to Article 8 of this
Law;
the application is being tested against formal requirements
article 7 of this Act and the Regulations established on its basis
the central body of the executive power, which provides the formation
Intellectual property policy;
the request for submission fee is checked for
Compliant with set requirements. {Paragraph 9 of Article 10 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
10. To comply with the requirements of Article 8 of the article
Law and the availability of a requisition fee document
The applicant is sent a message of a set date of submission
Bids.
11. In case of inconsistencies of article 8 requirements
This Law of the applicant is immediately sent to this report.
If the discrepancy is removed within two months of the date
receiving a statement of the message, the date of submission of the application
is considered to be the date of the institution of the examination of the
materials. Otherwise, the application is considered unwell.
The applicant is sent a message.
12. To comply with the requirements of Article 7 of this Act and
Request for a fee for submission of a requisition
The applicant is sent about this message.
13. In case of violation of the requirements of paragraph 8 of Article 7 of this Act
The application is considered to be recalled, that the applicant is sent
Message.
14. In case of non-compliance with the formal requirements of Article 7
this Act and the rules established on its basis to the central
an executive body that provides the formation of a state
intellectual property policy, or
Payment for submission of application to the applicant's requirements
Sends a message with suggestions to remove the shortcomings.
If the flaws relate to the grouping of goods and services, then
message is provided by a list of goods and services grouped together
institution of expertise, and, if necessary, the amount of the gathering is noted
For the submission of a requisition. In the case of the goods
or the service is laid out in the application as a non-eligibility
Take it to a certain ICC class, the applicant is offered
replace the term or exclude it. If the applicant does not perform this
requirement, the specified term is not included in the list of goods and
The services, grouped by the institution of expertise.
Disadvantages are made to the misc.
rows, set by paragraph 6 of this article for additional
materials. {Paragraph 14 of Article 10 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
15. During the qualification examination, the
matching the stated conditions for the granting of the right
The Law defined by this Act. These are used
information base of the institution of expertise, including materials
applications, as well as reference and search engines and official
Hey,
16. If there is reason to believe that the stated designation is not
Meet the conditions of the granting of the legal protection or in part,
The examination statement sends a complainant to the complainant.
previous conclusion with the proposal to provide a motivated response to
The benefits of registration.
The applicant is given in rows set by paragraph 6.
this article for additional materials, and taken into account under
time of preparation for the conclusion of an examination. (Article 10 in the edition of Laws N 2188-III 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) 22.05.2003)

Article 11. Revoke requisition
The applicant has the right to withdraw the application at any time before the date
Payment of the state fee for issuing certificates. (Article 11 of the changes under the N 850-IV Act)
( 850-15 ) 22.05.2003)
Article 11-1. Application Distribution
1. The applicant has the right to divide the application into two and more applications
(the selected applications) by the distribution of listed in this
the application of goods and services in such a way that each of the selected applications
did not contain goods and services related to goods and services,
listed in other applications.
2. The application shall be made by submitting a statement
concerning the application of relevant changes and the selected application
(applications), on the terms of payment of the assembly for the stated statements and
Bids.
3. The date of submission of the selected application is the same as the date
Filing a shared request. Allocated Request Priority Date
is set if there is a subsystem such as the date.
the priority of the shared request. (Act supplemented by Article 11-1 under the N 850-IV Act)
( 850-15 ) 22.05.2003)
Article 12. Publication of the issuance of certificates
Based on the decision to register the sign and for availability
of documents on the payment of the state fees for the issuance of certificates and gathering
for publication on the issuance of certificates is carried out by the publication in
Official newsletter information on the issuance of certificates identified in the
in order of order. Customs and harvesting are paid after
The entry for the application of the signer registration.
If within three months of the date of the applicant
the decision to register a sign of the state customs account
for issuing certificates and collecting for publication of the issuance of certificates in
the amount and order defined by the legislation to the institution
The experts did n' t get it, the publication did n' t fail, but the application
is considered to be recalled.
The entry of these documents continues, but not more
than for six months, if until its split, the appropriate
A petition and a gathering for his presentation. This row is skipped
for respectable reasons, renewed if within six months of
His split will be given a proper petition and paid for a gathering for
-His presentation. (Article 12 in the edition of Laws N 2188-III 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) 22.05.2003)
Article 13. Sign registration
1. Unimaturely with the publication of information about the issuance of certificates
The institution exercises state registration of the sign for which to
Register relevant information. Form Registry and Order
Conduct is determined by the central body of the executive
provides the formation of public policy in the sphere of intellectual
Property. {Paragraph 1 of Article 13 with changes under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
2. After making the Register, any person has
the right to read them in a manner defined by the central
an executive body that provides the formation of a state
Intellectual Property and Implications of Intellectual Property Policy
before you write a statement from the Register about the information about
A certificate, provided the payment of a gathering for filing this petition. {Paragraph 2 of article 13 of the changes made under the Laws
N 850-IV 850-15 ) from 22.05.2003, N 5460-VI ( 5460-17 ) From
16.10.2012}
3. Errors in contributions to the Register are corrected for
The initiative of the owner of the certificate or installation. (First paragraph
3 in the edition of Act N 850-IV ( 850-15 ) 22.05.2003) Prior to Registry, the certificate owner ' s initiative may be
The changes are made in accordance with the possible changes made. For
Before the Register, there is no change on the certificate of evidence.
(Article 13 is supplemented by paragraph 3 under Act N 2188-III.
( 2188-14 ) 21.12.2000)
Article 14. Certificate of Consciousness
1. The issuance of a certificate shall be made by the Decree of the Moon
after the state registration of the sign A witness is given to the person who
has the right to receive it. If the right to receive a certificate
They have a few people, they have one certificate. 2. The form of evidence and content of the specified information
are determined by the central body of the executive power, which provides
The formation of public policy in intellectual property.
{Paragraph 2 of article 14 with changes under the Act
N 5460-VI ( 5460-17 ) 16.10.2012} 3. Prior to the issued certificate on the request of its owner,
to correct the obvious errors with the following message
It's on the official ballot. 4. In the case of loss or spotting of the certificate of his owner
A duplicate certificate is issued in the order set by the central
an executive body that provides the formation of a state
intellectual property policy. There is a collection of evidence for the issuance of a duplicate of evidence.
{Paragraph 4 of article 14 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
{Article 14 is supplemented by paragraph 4 under the N 850-IV Act
( 850-15 ) From 22.05.2003}
Article 15. Challenge decision on application
1. The applicant may challenge the decision of the Installation of the
Court order or before the Appeals Chamber for two months
If you want to make a decision or a copy of the material,
Under paragraph 3 of Article 10 of this Act.
2. If the decision to Establish for the application is disputed in the court
the order after the state registration of the sign, the court decides together and
the question of the validity of the relevant certificate.
3. The right to appeal the decision to the Appeals Chamber
is lost in the case of payment of a state fee for issuing certificates.
4. Complaints of the decision by the central executive
what provides the formation of public policy in the sphere
Intellectual Property to the Appeals Chamber is carried out
by presenting the negation against decision in order set by
by this Act and on its basis by the Regulation of the Appeals Chamber,
approved by the central body of the executive branch providing
The formation of public policy in intellectual property.
A gathering is paid for. If the collection is not paid in
rows specified in paragraph 1 of this article, negation is considered
No, I don't know what a statement is sent to. {Paragraph 4 of article 15 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
5. In case of the receiving of the Court of Appeal, the
the question of payment for the filing of denial of business
The application stops before the decision of the Court of Appeal.
6. Establishment against the decision of the Establishment
According to the regulations of the Appeals Chamber, during
two months from the date of negation and document
Payment of the collection of negation, within the motives of the motives laid out
an applicant in denial and during his review. Review Lines
denial continues on the applicant ' s initiative, but not more
than for two months, if until its split, the appropriate
A petition and a gathering for his presentation.
7. In the results of the objection of the Appeals Chamber
accepts the motivated decision, approved by the orders of the Install and
is sent by the applicant.
In case of satisfaction, denial completely or partially collected
The application of negation is subject to return.
8. Before the approval of the decision of the Appeals Chamber, in the month of
rows from the date of its adoption, the Installation Manager can make
motivated by a written protest of this decision to be
Reviewed within a month. The decision of the Appeals Chamber,
by this protest, is final and can only be abolished by the court.
9. The applicant may challenge the approved decision
Court of Appeals for two months of
To make a decision. (Article 15 in the edition of Laws N 2188-III 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) 22.05.2003)

R O and L IV
RIGHTS AND DUTIES ARISING FROM EVIDENCE
Article 16. Rights stemming from evidence
1. The rights arising from consciousness act from the date of submission
Bids. The validity of the certificate proceeds with the condition of the payment
Collection of relevant
2. The record grants his owner the right to use the sign
and other rights defined by this Act.
3. Interaction when using a sign, a certificate of which
is a few individuals, defined by the agreement between them. In case
The absence of such an agreement every owner of a certificate may be
use the sign on their discretion, but none of them are right
giving permission (to issue a license) to use the sign and
transfer ownership to a sign of another person without the consent of the rest
The owners of the certificate.
4. The use of the sign shall be recognized as:
applying it to any commodity for which sign
registered, a package containing such a product, the viviscu,
associated with it, label, stitching, stock or other attached to the
a commodity item, storing such a commodity with a specified application
a sign to offer for sale, offering it for
sales, sales, import (import) and export (importation);
applying it during offering and providing any
Services for which the sign is registered;
using it in business documentation or in advertising and in
the Internet. {Paragraph 4 of article 4, paragraph 4, with changes,
In accordance with the Act N 254-VI ( 254-17 ) of 10.04.2008}
The sign is recognized as used if it is applied in the form
a registered sign, and in the form different from
a registered sign only if it does not change
in total of the marking of the sign.
5. The government grants his owner exclusive right to ban
others use without his consent, if not otherwise
Provided by this Act:
a registered sign regarding the items in the certificate of goods and
Services;
a registered sign regarding goods and services related to
the evidence if any such usage is
Introduce a person who produces goods or services;
A notation similar to a registered sign on
the evidence of goods and services, if any
using these marks and a sign can be confused;
a notation similar to a registered sign regarding goods
and services related to the certificate of evidence if any
such use can be misleading to the person who produces
goods or services, or these designations can be confused.
6. Excludes the right of the owner of the certificate to prohibit other persons
use without his consent of the registered sign does not extend
to:
exercise any right that arose before the submission date.
an application or, if a priority was issued, to the priority date
Requests;
using a sign for the product entered under this sign in
the civilian turnover by the owner of the certificate or by its consent, on the terms of
that the owner of the certificate has no major reason to forbid such a
future sale of goods, including in case of
The changes or deterioration of the status of a commodity after entering it in a civilian
Turnover;

{Paragraph 4 of article 16 of Article 6 is excluded from the
Law N 254-VI ( 254-17 ) of 10.04.2008}

non-commercial use of the sign
All forms of news and news comments;
Voluntary application of their names or addresses.
7. The owner of a certificate can be transmitted to any person
the sign of the sign completely or relative to the part of the specified
Certificates of goods and services, on the basis of the treaty.
Transfer of ownership to a sign is not allowed if it is
can become a reason for misleading the consumer about the commodity and
Services or the person that makes the goods or provides a service.
8. The owner of the certificate has the right to give any person permission
(issue a license) on the basis of a sign based on a licensed
treaty.
A licensing agreement must contain the condition that the quality of the
goods and services made or given by licensing
contract, will not be lower from the quality of goods and services of the owner
certificates and that the latter shall take control of the implementation of this
Conditions.
9. Treaty on the transfer of property rights to sign and license
the treaty is considered valid if they are concluded in writing
and signed by the parties.
The side of the treaty is entitled to informing an undefined circle
on the transfer of property rights to a sign or issuing a license to
using a sign. Such informing is done by
publications in the official bulletin of information in volume and order,
established by the central body of the executive power, providing
the formation of public policy in intellectual property, with
Simultaneous inclusion of them to the Register. {Second paragraph 9 of the article
16 of the changes under the Act N 5460-VI ( 5460-17 )
16.10.2012}
For publication of the transfer of property rights to the
a sign of completely and issuing a license to use the sign, as well as
proposed to the treaty with the change to the issuance of
licenses are paid.
In case of publication of the transfer of property rights
to sign on the part of the certificate of goods and services
The institution publishes a new certificate of the name of the person being transferred this
right, in the presence of a document on the payment of the state mite for issuance
A certificate of evidence.
10. The owner of the certificate has the right to proclaim alongside a sign
warning marking, which indicates that this sign is
registered in Ukraine.
11. The owner of the certificate of mediation
activities are entitled to the basis of a contract with the manufacturer of goods or
the person who provides services, use their sign next to
a sign of the ensign persons, and instead of their sign. (Article 16 with changes made under the Laws N 751-XIV
( 751-14 ) from 16.06.99, N 2188-III ( 2188-14 ) 21.12.2000,
N 34-IV ( 34-15 ) From 04.07.2002, in the editorial of Act N 850-IV
( 850-15 ) 22.05.2003)
Article 17. The responsibilities of the certificate
The owner of the certificate must enjoy the right to enjoy the rights,
It's the only way that it comes from consciousness. (Article 17 of the changes under the Law N 762-IV)
( 762-15 ) from 15.05.2003, in the editorial of Act N 850-IV ( 850-15 )
22.05.2003)

R O and L V
DISCONTINUATION OF THE CONDUCT AND RECOGNITION OF THE CERTIFICATE
Article 18. Termination of certificate
1. The owner of the certificate at any time may refuse
He is completely or partly on the basis of statements sent to
Institutions. Failure to take effect from publication date
It's official information on the official bulletin of the Establishment. 2. The certificate of certificate ceased in the case of non-payment of the collection of
continue the string of its action. Collection Payment Document for Each
continue line of the certificate will come to the end of the installation
the current period of the certificate of payment for the payment of the collection
during the last six months. (First paragraph 2)
Article 18 of the changes in accordance with the N 850-IV Act
( 850-15 ) 22.05.2003)