A trademark is a symbol that distinguishes one product or service from another. Each company strives to create a unique trademark that is recognizable and associated with its brand.
To begin with, it is important to understand that a trademark is a legal entity that can be registered in a particular jurisdiction on the basis of an application. Registration of a trademark gives its owner the exclusive right to use the TM in certain classes of goods and services for which it was registered.
If you want to use a trademark, the first step is to check its registration. To do this, you can use various online services, such as UkrPatent in Ukraine, or WIPO (World Intellectual Property Organization) to verify the registration of international trademarks.
TM verification services allow you to find out if a trademark is registered, and if so, in which classes goods and services. If the trademark is already registered in the classes you need, then you will not be able to register or use it in those classes without the consent of the owner.
However, if the trademark is registered in only some classes, then you can register it in other classes of goods or services, as long as they have nothing to do with those for which the trademark is registered.
If the trademark is not registered, then you can apply for its registration with the appropriate intellectual property body. At the same time, it is important to make sure that the trademark does not violate the rights of other TM owners and is not well known.
It is also worth noting that using a trademark without registering it can be dangerous, as it can lead to legal problems and loss of property. Therefore, it is recommended that you register your trademark with the appropriate intellectual property authority to secure your business and obtain legal protection.