Because Ukraine is a “first to file” nation, trademark registration is required to get rights to a trademark. Non-registered trademarks can only be protected in special circumstances. The applications for trademarks must be submitted to the Ukrainian Intellectual Property Institute (UIPV).
The Madrid Protocol includes Ukraine as a signatory. As a result, this country can use the Madrid System to extend an international trademark registration.
Please note that applications with a logo will be filed without a color claim by default. This gives the trademark proprietor the flexibility to use the trademark in any color combination. It is possible to claim color as a trademark feature upon request. This limits its application to the colors specified in the trademark application.
Filing requirements at a minimum in Ukraine
– a request to register a trademark in Ukraine;
– information about the applicant(s);
– representation of the trademark;
– a list of goods and/or services.
A Power of Attorney does not need to be notarized or legalized. It can be submitted at the same time as the application or within two months of the filing date.
If a trademark application in Ukraine claims priority over an earlier application, the priority document must be submitted within three months of the filing date.
Period of opposition
Within three months of the date of publication of the application data in the Bulletin, an opposition can be submitted.
Grant, validity term, and renewal of a trademark in Ukraine
Grant and publication fees must be paid within three months after the grant decision’s release. The trademark in Ukraine has a ten-year validity duration from the filing date and can be renewed for another ten-year period a limitless number of times. A renewal application must be submitted within 6 months of the registration’s expiration date. The trademark can also be renewed by paying a surcharge within six months of the expiration date. It is not possible to reinstate an expired trademark.
Use requirement of a trademark in Ukraine
If a trademark is not utilized for five years after its registration date or any later date, it may be terminated by a court’s decision in the event that a third party’s lawsuit is settled. The action must be filed no sooner than five years following the contested trademark’s registration date.
Representation by a trademark attorney
For foreigners, trademark prosecution in Ukraine must be conducted through an agent, a professional Ukrainian trademark attorney.
Please find the list of Ukraine IP Firms here