After receiving the certificate of registration of the trademark, it’s owner automatically acquires exclusive rights to use and dispose of it. According to the law, the following shall be considered to be the use of a mark: :
– applying the mark on any goods for which the mark is registered, the package containing the goods, the signboard connected with the goods, a label, tab, tag or another item attached to the goods;
– using the mark while offering or rendering any service for which the mark is registered;
– using the mark in business documentation or in advertising, and in the Internet network, including the use of the mark in domain names.
Any certificate owner has the exclusive right to prohibit without his permission, unless otherwise stated in law, the use by other persons. For example, when the registered mark with respect to the goods and services concerning the goods and services listed in the certificate if such a use may result in a deception in relation to the person manufacturing the goods or rendering services;
The exclusive right of a certificate owner to prohibit the use of the registered mark by other persons without his permission does not extend to the noncommercial use of the mark, all forms of broadcasting and commentaries on news, fair use of names or addresses of the said persons.
The relationships between persons who are joint owners of a certificate in using the mark shall be defined by an agreement between them. If such agreement is not available, each certificate owner may use the mark to his own discretion, but none of them has the right to grant a permission (a license) for the use of the mark and transfer the property right on the mark to another person without consent of other certificate owners.
The certificate owner has the right to grant a permission (license) to use the mark to any person by a licensing agreement. The licensing agreement shall contain a provision providing that the quality of goods or services manufactured or rendered according to the licensing agreement will not be lower than the quality of goods and services provided by the certificate owner, and that the certificate owner will provide the control under the fulfillment of the said requirement.
Each contracting party has the right to notify an indefinite circle of persons about transferring the property right to the mark or granting a license for using the mark. Such a notification is provided by publishing the information in the official bulletin of the Office in the volume and under the procedure determined by the Office with simultaneous entering this data in the Register.
In addition see our services in the field of intellectual property
Services of trademark registration (other legal services): +38 096 002 01 00, +38 050 431 70 84