Client
IPS LLC — Ukrainian company specializing in the production and sale of grain products under the Zernovita brand. The company operates in the food industry, specifically grain milling, providing consumers with high-quality cereals, flakes, flour, and crispbreads. IPS LLC actively develops its own brands and focuses on healthy nutrition and premium quality products.
Practice Area
Legal support for secure and effective entry of the Zernovita brand into EU and US markets.
Case Background
In February 2024, IPS LLC approached BrandR for comprehensive legal support in expanding the Zernovita brand internationally. The first step was conducting an IP audit of the client’s assets and assessing the brand’s legal protection level in Ukraine and abroad.
In Ukraine, it was found that the Zernovita brand was being used commercially but had no active registration. The team conducted a preliminary search and subsequently filed a trademark application for the wordmark “ZERNOVITA” in Classes 29 and 30.
Concurrently, comprehensive searches were performed in the EU and the US, considering enforcement practices and potential conflicting marks. In the EU, despite conceptually similar marks, the team successfully argued registrability and secured the registration of the ZERNOVITA trademark through EUIPO. In the US, the application passed formal examination and received a Notice of Allowance. Preparation of materials for submitting a Statement of Use, which confirms actual commercial use of the mark, is currently underway.
Client’s Goal
Ensure secure entry of the Zernovita brand into foreign markets.
Build a full and comprehensive trademark portfolio in Ukraine and abroad.
Project Complexity
Lack of a protection document for the brand in Ukraine despite active use.
Need for parallel support in three jurisdictions (UA, EU, US).
Risk of similar or identical brands in the European market.
Procedural complexities in the US registration phase (Notice of Allowance → Statement of Use).
Coordinating actions with foreign partners under tight deadlines.
BrandR Actions
Audited existing IP assets and identified gaps.
Conducted preliminary searches in Ukraine, the EU, and the US.
Filed the “ZERNOVITA” TM application in Ukraine (Classes 29, 30).
Registered the “ZERNOVITA” TM in the EU.
Filed an application with USPTO and obtained a Notice of Allowance.
Prepared instructions and templates for submitting the Statement of Use.
Ensured effective communication with international partners.
Lawyers
Anton Polikarpov — Managing Partner, manages projects strategically.
Anastasiia Shevchuk — Senior Lawyer, conducts searches, analyzes risks, advises clients, communicates with foreign partners, and drafts instructions for submission.
Result
The ZERNOVITA trademark has been registered in the European Union.
A Notice of Allowance has been received in the US; preparation for the final registration stage is ongoing.
The client received a comprehensive IP strategy for brand protection during international expansion.
