TRADE MARKS AND INTELLECTUAL PROPERTY
For a business owner, it is important to document rights to the name, trade mark, software code, design, photographs, texts and other outputs through which the business sells goods or services. Once those rights are supported by documents, the owner can promote the brand, attract an investor, license use to a partner or sell the business with confidence.
UBC will help determine who should own the rights, prepare applications and agreements with authors and contractors, and assemble the documents proving the owner's right to control the brand and developments.
Which Rights a Business Owner Should Document
For a brand, the trade mark is central. The owner chooses the sign, the list of goods and services and the countries in which sales are planned. Before filing, it is advisable to assess similar signs and confirm that the selected name reflects the real business. In Ukraine, trade mark applications are examined by the National Intellectual Property Authority; for overseas sales, the owner separately identifies the countries in which protection is required.
For IT, marketing, design and manufacturing businesses, one trade mark is not enough. The owner needs documents covering code, graphics, photographs, texts, drawings and other materials created by employees or contractors. The agreement should state expressly which proprietary rights are transferred, for what remuneration and in relation to which result.
The rights can remain with the owner or be transferred to the company that carries on the sales activity. The choice depends on the business structure, plans to attract an investor or sell a stake, operations in several countries and which entity actually receives income from the product. The owner makes this decision before filing key applications and signing long-term agreements.
Intellectual property protection is territorial. Registration of a trade mark in Ukraine protects the rights in Ukraine, while for sales in Poland, Germany or other countries the owner separately decides where registration is required. If the business is only testing a new market, the owner can first identify the key sales countries and spend money on the territories where the brand already generates, or is expected soon to generate, revenue.
Trade Mark, Code, Design and Agreements with Authors
A trade mark protects a sign for specified goods and services. Copyright covers specific created code, text, design, a photograph or another work. Rights to an invention or utility model have a different legal nature. The owner has a stronger position when each result that is important to sales is documented separately by a clear instrument defining the scope of proprietary rights.
If code or design was created by an employee, the director retains the employment contract, task specification and documents confirming the created result. If an external contractor performed the work, the owner enters into an agreement with a clear description of the result and the proprietary rights. For a buyer of the business or an investor, this documentation demonstrates that the people who created the product transferred the rights in the agreed scope.
A domain name does not by itself replace a trade mark, and registering a company under a particular name does not automatically protect the brand across all classes of goods and services. The owner should align the company name, domain, trade mark and advertising materials so that they support one brand and do not create unnecessary disputes.
For employees, job assignments and employment documents should correspond to the work actually performed. For a contractor, the agreement should identify the specific result, deadline, remuneration and scope of proprietary rights transferred. The owner retains not only the agreement, but also the acceptance document, correspondence or other evidence showing exactly which code, design or material was created for the payment made.
How Intellectual Property Rights Help Sell a Business and Attract Investment
A buyer of a share or an investor will usually want to see who owns the key trade marks and developments and on what basis the company uses them. When the documents have been completed in advance, the owner can prove the rights without having to reconstruct old arrangements with authors over a long period. This improves control of the business and makes price negotiations easier.
The owner may allow a partner to use the brand or technology under a licence agreement, transfer the rights when selling the business, or retain them in a separate structure and receive licence income. Each option has different tax and commercial consequences. A UBC specialist will help compare the alternatives against the actual income structure and the proposed transaction.
To begin, it is sufficient to provide a list of brands and developments, information about the authors, current agreements and sales countries. The client can order a single trade mark application, an agreement with an author or complete documentation of the product rights. The result for the owner is documented rights that can be managed in the interests of the business and used to generate profit.
In franchising, distribution and joint sales, brand rights often have a direct commercial value. A partner will pay more when it understands which sign it may use, in which territory, for how long and who is responsible for protecting the brand against infringement. Clearly documented rights allow the owner to earn separate income from the use of the trade mark or technology.
Need Support or a Specialist in Your Region?
We will conduct an initial assessment, identify the required specialisation and propose a UBC specialist or a vetted independent partner. The partner's contact details will be provided only with your consent.
Brand and development rights can be documented so that the owner can sell the product confidently, attract an investor and enter into agreements with partners. A UBC specialist will help identify the applications and agreements required and explain the most commercially advantageous option for your business structure. We will be pleased to answer any further questions. We wish you every success in developing your brand and business!
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Why Choose UBC?
The UBC group of companies provides consulting and investment services for business development, assistance with obtaining finance, searches for business partners and investors for new projects, and support with the purchase and sale of established businesses, companies and commercial property in Ukraine and abroad. Core services include company registration in Ukraine, Europe and other countries, opening bank accounts, corporate law, offshore jurisdictions and offshore companies, business consulting, audit, certification, registration of financial companies, asset management companies and mutual investment funds, registration of joint-stock companies, securities and bond issues, support for foreign investment, construction licences, permits for design and construction, and other services for successful business in Ukraine. We provide our clients with a complete turnkey service within the shortest practical timeframe.
We always work towards the result you need and will do everything possible to achieve it within the required timeframe, taking account of your wishes and requirements.
Our broad and continuously expanding network of regional and international partners helps resolve our clients' issues promptly when doing business both in Ukraine and abroad.
Why is it better to start a business in Ukraine with UBC? The answer is simple: we have considerably more experience, resources and capabilities.
Frequently Asked Questions
Where should brand protection begin?
Start with the name, the goods or services and the countries of sale. For a trade mark, similar signs should be assessed; for code, design and content, establish who created them and which agreements have already been signed.
Who should own the trade mark?
The owner may be an individual or a legal entity. The choice depends on who conducts sales, attracts investment, enters into agreements with partners and receives income from the brand.
Are agreements with authors and contractors required?
Yes. The owner needs a document that expressly confirms proprietary rights to code, design, text, photographs and other created materials within the agreed scope.
How is the cost calculated?
The price depends on the number of trade marks and developments, classes, countries and the set of agreements required. The client can order an individual application or comprehensive documentation of the rights.
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