UKRAINE

• Kinds of Trademarks registrable in UKRAINE

  • Following indications may be used as Trademarks in Ukraine:

    • Word marks
    • Names
    • Numbers
    • Signatures
    • Letters
    • Symbols
    • Figurative elements
    • Pictures
    • Colours and combination of colours
    • InscriptionsCombination of all of the aboveTypes of Marks registrable:
    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in UKRAINE

  • Trademarks must contain the following essential requirements to be registrable in Ukraine:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered / pending marks.
• Kinds of Trademarks not registrable in UKRAINE

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Ukraine :

    • Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    • Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    • Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    • Trademarks or signs contrary to law, public order, morality
    • Trademarks filed in bad faith.
    • Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    • Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    • Trademarks containing or bearing resemblance to another person personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    • Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    • Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.
    • Trademarks filed in bad faith.TrademarkCopia through its associate Law Firms and Lawyers in Ukraine is at hand to help you with trademark registration and prosecution.

     

• Trademark Search in UKRAINE

  • Search is carried out in the databases of the trademark office along with commercial publications such as telephone directories and the internet.

    It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Ukrainian Trademarks Office,Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Ukraine.
• Trademark Filing in UKRAINE

  • Applicant has to furnish the following documentation for filing: Applicant has to furnish the following documentation for filing:

    • Name of the applicant
    • Logo (if any) in B/W or Colour
    • Address along with nationality of the Applicantiv. Classes in which Registration is sought.v. Power of Attorney (POA)
    • Details regarding Goods and Services for which registration sought
      (Goods and Services classified as per NICE classification)
      (Vienna Agreement for figurative mark)TRADEMARKCOPIA.COM will assist you with the following:
    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in UKRAINE

  • The trademark office has to receive the following documents to proceed with the examination of the application:

    A request to register the mark in Ukraine.

    • Information regarding the identity of the applicant.
    • Description of the mark.
    • List of the goods and services regarding which the applicant intends using the mark Examination to scrutinise and verify registrability of the marks would take 12 to 18 months. Expedited examination would take 7 months.However, a two months window period is given to the applicant to correct errors if any and provide all the required documents as stipulated and additional materials as deemed essential by the examiners.
• Trademark Publication & Opposition in UKRAINE

  • Upon the trademark application being examined, it is published in the official IP journal. Interested third parties may file their opposition to the registration of the trademark.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Ukraine can comprehensively assist you with trademark opposition and prosecution. 

• Trademark Registration in UKRAINE

  • Once the trademark application is accepted for registration, the trademarks office enters details of the trademark applications onto the trademarks register and issue a Certificate of registration.

    Trademark registration in Ukraine is valid for 10 years from the date of date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited – Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in UKRAINE

  • Usage of the marks before registration is not mandatory since the first applicant gets rights over the mark;

    However, if the mark is not used within 3 years from the date of registration, it becomes vulnerable to be cancelled owing to non-use.

• Trademark Cost of Registration in UKRAINE

  • Please write mail for the cost of registration of trademark in Ukraine to the mail address given below:

    contact@trademarkcopia.com