Overview: How to Register your Trademark in Ukraine
Trade marks in Ukrainian legislation, as well as in other countries, are defined as a designation by which the goods and services of one person differ from those of another. In general, these may be words, letters, numbers, colours, images and other elements provided for by Ukrainian legislation.
It is worth noting that Ukraine has the Law on the Condemnation of the Communist and National Socialist (Nazi) Totalitarian Regime, which provides that if your trade mark is similar to this subject, it will not be registered and will be prohibited in Ukraine.
Possibility to register a trade mark
After choosing what your trade mark will be and its classification in accordance with the Nice Classification, you will be able to start the trade mark registration process. Thus, citizens, residents, foreigners and stateless persons permanently living in Ukraine may apply for trade mark registration both in electronic and paper form.
The situation is different for persons who have permanent residence outside Ukraine. In this case, the registration of a trade mark, even in electronic form, must be carried out with the assistance of intellectual property representatives (patent attorneys).
The procedure for obtaining a trade mark in Ukraine
The application process begins with the preparation of a detailed description of the trade mark, including its design, colours, and any unique features it may possess. This is then submitted to the Ukrainian Trade Mark Office along with any necessary supporting documents. These documents may include proof of business registration, evidence of use of the trade mark, and any other relevant information. It is crucial to ensure that the application is as comprehensive and accurate as possible, as any errors or omissions could lead to delays or even rejection of the application.
Once the application has been submitted, it enters the opposition period. This is a three-month window during which third parties can lodge objections to the trade mark’s registration. Objections can be based on a variety of grounds, such as similarity to an existing trade mark, violation of public policy, or lack of distinctiveness. The Ukrainian Trade Mark Office will consider all objections and may require the applicant to respond to them. If no objections are raised, or if any objections are successfully overcome, the application proceeds to the examination stage.
The examination stage is a thorough review of the trade mark and its associated documentation by the Ukrainian Trade Mark Office. This includes both a formal examination, which checks the application for completeness and compliance with procedural requirements, and a substantive examination, which assesses the trade mark’s eligibility for registration. This stage can be lengthy, often taking 17 months or more, but it is a crucial part of the process. The examiners will scrutinise every aspect of the trade mark, from its design to its potential impact on the market. If the examination is successful, the trade mark is approved for registration.
Following approval, the applicant will receive a certificate of registration for their trade mark. This certificate serves as official recognition of the trade mark’s registration and provides the owner with exclusive rights to use the trade mark in Ukraine. The entire process, from application to registration, can take up to two years. However, for an additional fee, applicants can expedite the examination process and potentially reduce the total time to 6-8 months. Unfortunately, due to the current martial law in Ukraine, this expedited option is not currently available. Despite this, the standard process remains in place, and applicants can still secure trade mark protection in Ukraine through the regular procedure.
The total cost of the procedure is significantly lower compared to other European countries. For example, filing an application in electronic form for a simple trade mark consisting of one element without additional services will cost approximately £80. If you want to speed up the process, this service will cost £110 and £13 additional for each additional class of trade mark.
Validity and renewal of a trade mark
The registration of a trade mark in Ukraine is confirmed by a certificate and is valid for 10 years from the date of filing the application with the Ukrainian Trade mark Office. If you need to extend the validity of the certificate for another 10 years, you can do so by paying a fee in advance and filing an application within the statutory period.
Exceptions to the rules for the protection of intellectual property rights in trade marks
Ukrainian legislation provides for two additional cases where obtaining a trade mark certificate is not mandatory. Thus, a trade mark that is internationally registered or recognised as well-known in Ukraine does not require a trade mark certificate. This provides additional protection for owners of large companies from abuse by others.
Further information on our trademark process for Ukraine can be found at:
https://trademarkroom.com/country/ukraine/
This article was written by Vlad Krupski.
Vlad is a legal intern at the Trademarkroom.com and can be contacted at vlad@trademarkroom.com
