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see also: Filing requirements for Ukraine
A trademark is any sign, capable of distinguishing the goods or services of one juridical person(s) from those of other juridical person(s), including:
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words |
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figurative elements |
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three-dimensional and other signs, or a combination of all in any colour or any combination of colours. |
A certificate shall be valid for 10 years. The registration of a trademark shall be renewable indefinitely for a term of no more than 10 years.
An application shall be made in Ukrainian language and shall include:
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request for registration of the trademark |
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description of the trademark to be registered |
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list of goods and services in respect of which the trademark is to be registered |
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classes of goods according to the International Classification of Goods and Services. |
A substantive examination is conducted by the Patent Office without a request of an applicant.
A certificate is granted within 1 month after the registration of the trademark in the State Register.
The rights derived from the registration of a trademark are in force from the date of filing an application. The practical use of the rights derived from the registration of a trademark is possible from the date of the registration of the trademark.
The rights to a trademark loose their effect:
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from the date of publication of the mention of the trademark owner's declaration of complete or partial withdrawal of a certificate |
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from the first day of a certificate validity, for which a fee has not been paid, i. e. in case of non payment of the fee for the renewal of a certificate |
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in case of non-use in Ukraine within three years from the date of publication of the mention of the grant of a certificate (by a decision of a Court). |
The rights to a trademark shall be declared completely or partially invalid in case when:
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a trademark does not comply with the conditions of the protection allowed on the date of filing an application |
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a certificate includes elements of description of a trademark and a list of goods and services which were not present in the application as filed. |
A notice of opposition to the registration of a trademark may be given to the Board of Appeals within 6 months from the date of publication of the mention of the granting of a certificate.
On the expiry of this term a registration of a trademark may be declared invalid exclusively by Court. Disputes arising from the infringement of rights to a registered trademark shall be settled by Courts based on the provisions of the Law of Ukraine “On Protection of Rights to Trade and Service Marks” and of the Law of Ukraine “On Protection Against Unfair Competition”.
Filing requirements for Ukraine.
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An order letter with an information sheet containing:
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Description of the trademark |
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5 prints (8x8 cm) of the trademark in black and white or 10 prints (8x8 cm) of a trademark in colored version |
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Certified copy of a prior application filed in a member state of the Paris convention (if any priority claimed) |
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Power of attorney |
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Payment order for filing |
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