English
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
The territorial limit of registration is Ukraine. It is recommended that a trademark be registered according to both Ukrainian and Russian laws to obtain protection in Crimea.
Yes, applicants are required to present a power of attorney.
- Use may demonstrate acquired distinctiveness
- Help overcome an objection to an application to register the trademark on the grounds of non-distinctiveness
Attack on the ground of non-use is available.
- words
- devices
- names
- light
- slogans
- certain three-dimensional shapes
- colours
- sounds
- service marks
- collective marks
- well-known marks
The order of the application process is as follows:
- Examination of the following:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Publication of the following:
- name of applicant
- application date
- address of applicant
- application number
- goods/services
- representation of trademark
- priority claim information
- index (indices) of International Classification of Figurative Elements of Marks
- name of representative
- address for correspondence
- address of representative
- Registration
The following are not registrable as trademarks:
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- marks that function principally as surnames
- marks that contradict moral standards or public order
- marks that function principally as geographic location names
- marks that consist of hallmarks and official signs indicating control and warranty, seals, assay marks
- non-distinctive trademarks
- marks that consist of copyright-protected subject matter
- marks that are descriptive or deceptive
- marks that solely reflect the form caused by the natural state of goods
- marks that consist of trade names that are known in Ukraine and belong to another person
- marks that are identical or misleadingly similar to an already registered trademark in Ukraine
- marks that consist of industrial designs
- The Law of Ukraine "On Condemning Communist and National Socialist (Nazi) Totalitarian Regimes and the Prohibition of Their Propaganda Symbols" has been adopted
Note: Please consult a trademark attorney.
Ukraine uses the Nice Classification System.
The European Union Trade Mark registration, formerly a Community Trade Mark registration, is not effective in Ukraine.
The following requisites must be satisfied:
- The applicant's home country is a member of the Paris Convention
- The home application was filed within six months preceding the application in Ukraine
- The applicant must file a priority declaration with reference to the date of filing of the earlier application and the application number
- A copy of the application in Ukrainian is filed at the Patent Office within three months from the date the application
The trademark must be used within three consecutive years from the registration date. The amount of use can be minimal and must occur in
Ukraine.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date is 10 years from the application filing date.
It is legally allowed to use an unregistered mark for any goods or services.
Registration is necessary to secure rights to a trademark. Ukraine follows the "first to file" rule.
The national office is accessible online at the following URL: http://www.uipv.org/.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- breach of copyright
- the mark is generic
- the mark is descriptive
- the mark is not distinctive
- the mark is functional
- the mark is misleading, deceptive or disparaging
- rights under Article 6bis of the Paris Convention
- rights under Article 8 of the Paris Convention (trade names)
- rights under Article 6septies of the Paris Convention
- rights under Article 6ter of the Paris Convention
- rights in a personal name
- registered design rights
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
Anyone may oppose an application.
The following can be grounds for cancellation:
- proprietary rights
- breach of copyright
- the mark is descriptive
- the mark is functional
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- rights under Article 6bis of the Paris Convention
- rights under Article 8 of the Paris Convention
- rights under Article 6septies of the Paris Convention
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to license other third parties to use the trademark
- the right to oppose later conflicting applications
- the right to bring a cancellation action against a later conflicting registration
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to obtain damages for infringement
- the right to apply for seizure by customs authorities for importation of counterfeit goods
The opposition period begins when interested parties discovered a conflicting trademark application.
A trademark application can be opposed in the Patent Office. It can only be done in court. Deadline is up to five days before the decision on trademark registration is finalized.
Ukraine is a member of both the Madrid Protocol and the Madrid Agreement.
Periodic statements of use are not required.
Subsequent renewals last 10 years from the renewal date of the registration.
The first renewal date is 10 years from the application filing date.
A power of attorney is necessary.
The grace period after the renewal date has expired is 6 months.