Registration of industrial designs in Ukraine – Every company that owns an industrial design and intends to expand its business in the Ukraine market should use the Ukraine intellectual property system. It is paramount for businesses to file an industrial design application in Ukraine for industrial designs, even if the launch of the respective product on the market in Ukraine has not yet commenced.
Requirements for Industrial Design Registration Application in Ukraine
An industrial design application in Ukraine requesting the right of priority must be filed within 6 months from the priority date. The restoration of this term is not possible.
The proceedings are being conducted in Ukrainian. The application for industrial design may be filed in any language, and the filing date will be determined. The Ukrainian translation, on the other hand, must be filed with the Patent Office within two months of the filing date.
The following information and documents need to be provided in the application for registration of an industrial design in Ukraine:
name, address, and nationality of the applicant, business address;
request for design registration;
representation of a design
description of a design.
It is important that you provide a certified copy of the Priority Document, as well as the Ukrainian translation thereof, within three months after filing the application in order to claim priority.
Within two months of the filing date or the receiving date of the related Office Action from the Ukrainian Patent Office, the original Power of Attorney may be supplied concurrently with the filing of the design application. There is no need for legalization or notarization.
Examination of an Industrial Design Application in Ukraine
In Ukraine, industrial design applications are exclusively examined based on the formal requirements only.
Validity period and renewal of industrial designs in Ukraine
According to the Ukraine-European Union Association Agreement, disclosure of information about an industrial design within 12 months of filing the application or priority date, if claimed, does not disprove the novelty of the industrial design if made by the designer or a person who received this information directly or indirectly from the designer.
Within three months of receiving the Decision to grant a certificate of registration, the applicant must pay the publication and issuance fee, as well as the first post-grant annuity. This term can be extended for an additional six months for a cost. In Ukraine, the validity term of a design is five years from the filing date and can be extended at the request of the certificate holder for a maximum of 25 years. The initial post-grant annuities for the design are paid for the year in which the grant decision was announced, as well as for the following year if they become due within two months of the deadline for payment of the official grant and publication fees. All next annuities are counted starting from the filing date and are paid before the beginning of the next year.
In Ukraine, the design registration procedure typically takes 6 to 12 months.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Ukraine should perform an industrial design search in Ukraine through a law firm, or an industrial design attorney.
