Question 1

Is trademark registration mandatory?

Accepted Answer

Not mandatory, but strategically important. Without registration you can use the name but have no exclusive rights — a third party may register a similar trademark and prohibit you from using it. Registration at UkrNOIVI (Ukrpatent) grants exclusive rights for 10 years, protection from counterfeits and fake accounts. Especially important for businesses planning scaling, franchise, or international market entry.

Question 2

What is the difference between copyright and trademark?

Accepted Answer

Fundamentally different instruments. Copyright protects the work (text, photo, video, design) and arises automatically without registration (Art. 437 Civil Code). Trademark protects commercial designation (name, logo, slogan) and requires registration. Your brand's logo is simultaneously protected by copyright (as an artistic work) and trademark (as a commercial designation). But copyright does not protect against a competitor registering a similar name.

Question 3

What to do if a competitor uses a similar name or logo?

Accepted Answer

Depends on the situation: 1) If you have a registered trademark — claim for rights violation, demand to stop use and compensate; 2) If TM not registered but your sign is well-known — protection through unfair competition law; 3) If competitor filed a TM registration application — objection to the Appeals Chamber of UkrNOIVI. O'LAW attorney assesses the situation and proposes optimal strategy.

Question 4

What is an IP audit and when is it needed?

Accepted Answer

IP audit is a systematic check of all intellectual property assets: what assets you have, whether rights are properly formalized, who infringes your rights, whether you yourself violate others' rights. Needed for: M&A transactions, investment attraction, international market entry, before franchise, after discovering violations. O'LAW conducts IP audits and prepares specific action plans.

Question 5

How to protect a domain from cybersquatters?

Accepted Answer

Prevention: 1) Register main domain + variants (.ua, .com.ua, .com) simultaneously; 2) Register trademark — legal grounds for canceling cybersquatter's registration. If domain already captured: UDRP procedure (for .com/.org/.net) or UAB procedure (for .ua/.com.ua) — administrative procedures without court; or lawsuit. O'LAW attorney handles such cases from application to domain transfer.

Question 6

Is a contract with website developer or designer needed for rights transfer?

Accepted Answer

Mandatory. By default copyright to developed website, code, design REMAINS with the contractor without a specific contract. Without it you use someone else's work, and the contractor may prohibit its use or demand additional payment. A proper development contract includes transfer of exclusive economic rights to the finished product, source code and documentation delivery conditions, guarantees of no third-party rights infringement.

Question 7

How to protect against unfair partners who poach clients?

Accepted Answer

Complex measures: 1) NDA + non-compete — fixes prohibition for a certain period and geography after termination of cooperation; 2) Confidentiality agreement — client base is a property object; 3) On violation — lawsuit for unfair competition (Law «On Protection from Unfair Competition» Art. 16) or NDA violation. O'LAW attorney will develop a business legal protection system for specific risks.

Question 8

How much do O'LAW intellectual property services cost?

Accepted Answer

Depends on the service: IP consultation — basic rate; trademark registration (attorney services) — mid-range, separate state fee UAH 4,000-9,000; business IP audit — depends on assets volume; IP contracts — mid-range; protection from competitors (claim, lawsuit) — by situation. At consultation, O'LAW attorney announces exact cost after reviewing the task.

Protecting Intangible Business Assets: From Trademark to Competitor Defense

Our services — choose a direction

Trademark registration

IP consulting and audit

Intellectual property contracts

Domain name registration and protection

Business protection from partners and competitors

Who our clients are

SMB businesses

Designers and artists

IT companies and startups

Bloggers and media

Manufacturing companies

Franchises and licensees

Why businesses choose O'LAW for IP protection

Frequently asked questions

Protect your intangible assets before they're stolen

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Get an IP consultation

Phone

+38 063 404 67 68

+38 068 679 52 51

Telegram

t.me/olaw_help

Address

32 Doroshenka St., Lviv

Intellectual Property and Business Protection in Lviv