A case from our practice

A food-service venue in Rivne trades as LOUIS, and the company behind it is called «ЛУЇ» (the Ukrainian spelling of Louis). We filed two applications — in Cyrillic and in Latin script — for coffee, pastry, confectionery and restaurant services. The examiner replied that this is just a first name that cannot distinguish one trader's goods from another's, and that it is also similar to an old mark «Луи». Both objections were overcome: two certificates for the full specification.

The case in brief

• Signs: word marks «ЛУЇ» (Ukrainian application No. m202400823) and «LOUIS» (application No. m202400818), both filed on 17 January 2024;
• Applicant: an individual developing a food-service business in Rivne;
• Specification: in each application 313 items in Nice class 30 (coffee, tea, pastry, confectionery, prepared dishes) and 50 items in class 43 (restaurant, café and bar services, catering and more);
• Objections: lack of distinctive character for the whole specification; for class 30 goods also similarity to the mark «Луи»;
• Outcome: certificates No. 372369 of 15 October 2025 («ЛУЇ») and No. 373003 of 29 October 2025 («LOUIS») for the full specification.

The objections: «it is a name» and an old mark

The preliminary conclusions arrived on 24 June 2025 («ЛУЇ») and 29 July 2025 («LOUIS»). There were two grounds.

• Distinctiveness. Under article 6(2), paragraph two, of the Law of Ukraine on Protection of Rights to Marks for Goods and Services (the Law), signs that «normally lack distinctive character and have not acquired it through use» cannot be protected. The examiner explained that the sign «is a name, has no individual features and is thus unsuitable for distinguishing the goods and services of one person from those of others», since «Луї» (French Louis) is the French form of Ludovic. The examiner also cited point 2 of chapter 2 of section II of the Rules approved by Order of the Ministry of Economy of Ukraine No. 19889 of 6 August 2024 (the Rules);
• Similarity. For all class 30 goods both signs were found similar to the word mark «Луи» of Trading House Konti LLC, certificate No. 61432 (filed in 2004), for related goods — article 6(3), paragraph two, of the Law and point 13 of chapter 2 of section II of the Rules.

How we responded

On the name. The Law does not prohibit registering names — on the contrary, article 5(2) of the Law expressly lists among the subjects of a trademark «words, including personal names», provided they can distinguish goods and services. «Луї» is not a common name in Ukraine and does not describe coffee, pastry or restaurant services, so for Ukrainian consumers it reads as a foreign, fanciful name. We also gave examples of well-known marks consisting of names, such as «HUGO», «KENZO» and «GUCCI».

On use. The key part of the response was evidence that the name stands for a specific business: food-service activity since 2023, the «ЛУЇ» company, permits and contracts, the shop sign and façade, branded tableware and packaging, an Instagram account with 11,700 followers, delivery through Glovo, an online menu and more than 80 customer reviews. The Cyrillic «ЛУЇ» is used in the company name and documents, the Latin «LOUIS» on the sign, menu and social media, so consumers link both spellings to one venue.

On the cited mark «Луи». We checked the cited certificate in the register: the renewal fee had not been paid and certificate No. 61432 had lapsed. Under article 18(2) of the Law a certificate lapses if the renewal fee is not paid, and does so «from the first day of the term for which the fee has not been paid». According to the register, the lapse date is 9 October 2024. We also pointed out that no products under the name «Луи» are visible on the Ukrainian market and that the applied-for signs do not overlap with it.

The specification was not narrowed. We filed the responses in both applications on 25 August 2025.

Outcome

• «ЛУЇ»: on 23 September 2025 UANIPIO decided to register the mark; it was registered on 15 October 2025, certificate No. 372369;
• «LOUIS»: on 3 October 2025 the examiner concluded that the sign meets the conditions for protection for all goods and services applied for; it was registered on 29 October 2025, certificate No. 373003;
• both certificates cover the full class 30 and 43 specification and are valid until 17 January 2034, renewable.

Our view

The examiner's conclusions do not explain which arguments were decisive: they only record that the conditions for protection are met. The documents give no direct answer, so what follows is our assessment.

A name is not a dead end. The Law expressly allows personal names as trademarks, and point 3 of chapter 2 of section II of the Rules, which gives examples of signs that normally lack distinctive character (a letter or digit in standard form, a simple geometric figure, a long text and so on), does not mention names. In our view, the objection «it is a name» is weak on its own when the name does not describe the goods. But it should be answered with evidence rather than argument alone: actual use shows that the name already works as a trademark.

Always check the cited mark in the register. A certificate issued almost twenty years earlier was no longer in force at the time of examination. This happens more often than one might think: the owner did not renew, yet the examiner still cites the certificate. Bear in mind that within six months after the deadline the owner can still pay the fee and renew.

On article 22 of the Law. Article 22 of the Law provides that for two years after a certificate lapses through surrender or non-payment of fees, no one other than the former owner may re-register the trademark unless the former owner consents. The examiner did not rely on this provision here, but if a new name coincides with an old mark, it is worth taking into account in advance.

Takeaways

A first name can be registered. Allow time for a response to the examiner and collect evidence of use from day one: sign, menu, social media, reviews, contracts. Another example of a personal name becoming a trademark is the «kvitkova» case.

Check the status of cited marks. A certificate that was not renewed should not block a new registration — and your own certificates are worth renewing on time: trademark renewal in Ukraine.

Two scripts, two applications. If a brand lives in both Cyrillic and Latin script, register both versions. Before filing, run a search of the Ukrainian register, and if a preliminary conclusion arrives, see how to respond to a provisional refusal.

Questions we are asked about this case

If your client faces a refusal in Ukraine

We prepare responses to preliminary conclusions and Madrid provisional refusals, narrow specifications where it helps, gather evidence of use and acquired distinctiveness, and run clearance searches against the Ukrainian register. More on how we work with IP firms.

See also: THE CRACKERS: a descriptive name became a trademark · kvitkova: a blogger's pseudonym as a trademark