English
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.