Domain names in the .UA zone can be registered by persons who own the corresponding trademarks (word marks for goods and services), as well as trademarks registered under the Madrid Agreement (TM registered under this agreement allows the trademark to be protected by obtaining an international registration and are valid in most countries. Countries where TM is in effect are indicated separately). More details here: https://www.wipo.int/treaties/ru/registration/madrid/
Certificate of Ukraine for a mark for goods and services or International TM, which is protected by the Madrid Agreement.
If the company / person is not the owner of the Trademark – registration is possible on the basis of a license agreement. It is also possible to re-register a TM to a new owner. In more detail about the peculiarities of .UA domain registration, as well as the nuances that you may encounter during the domain registration process – further in the article.
Submission of an application for .UA domain registration is possible if your trademark is already registered and you own its unique number (usually a 6-digit number).
Important: do not confuse the number of the registered TM and the number of the TM registration application (which usually has the format: m000000). Domain registration is not possible by application number.
You need to decide on the domain you want to get at the stage of trademark registration.
The first and most painful stumbling block – this is transliteration. Those who have the trademark name written in Cyrillic come across it. According to the registry rules, TM transliteration may differ from the generally accepted one, so we recommend that you check how your domain will look like before registering it on the website: https://hostmaster.ua/?translit.
Since there can be several transliteration options, you can, if you wish, redeem them all. For example, you have a trade mark “PEAR”... The transliteration options for it are as follows: grusha, ghrusha, hrusha.
You can choose only free names from the proposed options.
How? Really, someone can have the same TM name as mine?
Yes, it is possible if the classes of your brands do not match. For example, you sell fruits, and your “PEAR” – the only one in its class. Owner of another TM “PEAR” is engaged in cosmetics. In this case, the classes of trademarks do not overlap, and together you can apply for domains with these names.
Unfortunately, there are no solutions to this problem. In other words, whoever got up first got the slippers. Please note: domains in the .UA zone are not reserved. If the registrar promises you to book the desired name before the registration of your TM is completed, then with a probability of 100% we can say that you have contacted a fraudster.
The second, no less painful stone, which many people who want to buy a domain stumbled over, is the decoding of TM logos. Who is threatened: everyone who has not only symbols in the TM, but also graphics.
What you need to know: If you want to decorate your TM with a logo / graphics / pictures, it is advisable to do it so that the graphic part does not intertwine with the text and does not look like / does not contain text or letters that can be mistaken for symbols. It is also important that the graphics do not overlap some of the text in the logo.
In the second case, it will be possible to buy the g-grusha domain, since the symbol on the logo is easy to read.
This also applies to those TM whose names consist of words in Latin and Cyrillic at the same time, for example:
Then both words must be present in the domain: pear (in transliteration) and grusha.
The only exceptions are special characters. But there are strict descriptions here:
Symbols can be translated into their textual designation in English (for example, "&"="and", "/"="slash", "."="dot", "@"="at" etc.), which, if desired, can be highlighted by signs "-" on both sides (example, "&"="-and-"). Symbols " " (space) and "_" (underscore) can be replaced with a character "-"... Or they can be removed without any replacement. This issue is decided by the TM Owner.
Elements P, ©, ®, ™, do not belong to specials. characters and appended to the character except "ABOUT"which cannot be included in the domain name according to the current technical standards. The letters P, C, R, TM, which are part of the mark, are attached to the domain name as letters that are separated from the main part of the mark by the symbol "space".
The only way to mark them as special characters – it is to add such elements when registering in the bibliographic data of the certificate of Ukraine for the Mark under the code (526), in accordance with the st.60 VOIV standard.
During the domain registration process, such characters can be excluded, but this must be done at the stage of filing an application for TM registration.
Possible options: Grusha-and-Lime, GrushaandLime, Grusha-Lime, GrushaLime.
Example: Grusha Lime © (ifa © is not described as a special character when registering a TM under the code (256)).
Possible options: Grusha-Lime-C, GrushaLimeC.
All words and letters that are indicated in the TM must be present in the domain!
Therefore, we recommend that you formulate the desired name as clearly as possible.
Alternatively, many register two TMs: in the name of the first there are only symbols / letters (which are used in the domain), and in the second TM, the Owner indicates whatever he wants.
Cons: high cost and time-consuming TM registration.
If TM has several owners, for whom is the domain registered? Can I change the data?
The domain name is registered on the one from whose control panel the request was sent. In the future, the data can be changed, but you will need to fill out a small application to change the data.
Yes, for domains in the .UA zone, the data that is in the database is prioritized:
https://base.uipv.org/searchBUL/search.php?dbname=certtm (for Ukrainian TM)
https://www3.wipo.int/madrid/monitor/en/ (for international TM)
If you re-registered the TM, then we can talk about transferring the rights to the domain to the new Owner.
You can also delegate a domain (https://wiki.ukraine.com.ua/domain:management:delegate-access) or provide the ability to manage a domain and TM on the basis of a license agreement (more details here: https://wiki.ukraine.com.ua/domain:ownership-transfer:ua)
In case of delegation or registration of a license agreement, the owner of the TM does not change.
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