Trademark registration Ukraine
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What are the costs of a trademark registration in Ukraine?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Ukraine?
Today, the European Union is Ukraine’s largest trading partner. A brand name in Ukraine is mandatory if you want to claim the exclusive rights. The country has a first-to-file jurisdiction. Only in very rare cases can an unregistered trademark be protected. Applications to register a trademark in Ukraine must be submitted to the UIPV. Applications containing multiple classes are allowed. For foreign entrepreneurs it is necessary to have the procedure carried out by a registered trademark agent and to provide a power of attorney.
Why is it important to register a trademark in Ukraine?
Organizations that do not register their brand name in Ukraine risk not only trademark infringement, but also the withdrawal of their product or service from the market. In other words, if you don’t register your trademark, competitors can offer the same products or services under your brand name, but at lower prices. Moreover, they can also register your trademark and use it against you. Not registering a brand name in Ukraine can therefore lead to a significantly lower turnover and even loss of your trademark.
In Ukraine, there is a fairly solid legal basis in most areas of intellectual property. However, there is a lack of enforcement in the country. This means that as an entrepreneur, even after successfully registering a brand name in Ukraine, you must remain alert to third parties who may be infringing.
How does the validity of your trademark work?
Did you manage to register a trademark in Ukraine? Although you don’t have to use it immediately before registration and right after, your trademark should not remain unused for more than five years. After this period, the risk of cancellation arises. The UIPV does not decide to do this on its own, but only after reviewing the objection of third parties on the basis of inactivity. A registered trademark is valid in Ukraine for ten years, starting from the date of application. Extension can be requested from six months before the end date and also applies for ten years. There is a grace period of six months.
Which documents are required?
If you want to apply for a trademark in Ukraine, you will need various documents. One of the most important of these is the list of goods and/or services, according to the relevant Nice Classification. In the case of an urgent application, the appropriate document must be sent along. The power of attorney, signed by the authorized person and on your behalf as an applicant, should also be included. When applying for a trademark in Ukraine, an image and a description of the trademark must also be supplied.
A logo with a color claim
Are you planning to register a trademark in Ukraine that contains or consists entirely of a logo? In principle, the procedure for protecting a logo does not work with color claims. This means that you can use your logo in any color after registration. On request it is possible to add a color claim to your application. This does mean that after a successful registration you are more limited in using colors.
How does applying for a combined trademark work in Ukraine?
A mark can consist of word elements, figurative elements (logo) or a combination thereof. In the latter case, the trademark protection resulting from a registration procedure only applies to the combination of the elements, as you have submitted it to the UIPV. Would you like to be able to use one or both elements separately and protected for commercial purposes? Then it is wise to start a separate registration procedure for this. If you do not do this, third parties can use this element for the promotion of their own products or services, without there being any infringement.
What are the steps of the trademark application process in Ukraine?
The procedure you go through to register a trademark in the Ukraine is broadly similar to the procedure that applies in most countries. After submitting your application, a formal review will take place, based on the Ukrainian Trademark Act. Substantive testing will then take place. The possibility to file an opposition is somewhat different in this country. Opposition can be submitted up to five days before the decision of the UIPV. If there is no objection, you will receive a certificate and your trademark has been successfully registered. Trademark registration usually takes one and a half to two years.
Is an international application possible through the Madrid System?
Ukraine has made significant strides in international trade in recent years. For example, in 2008 it became a member of the World Trade Organization and the country has signed the Madrid Protocol, which agrees unanimous regulations on the international registration of a trademark. Extension of an international registration via the Madrid System is therefore possible in this country. You must first have a basic registration. For Dutch entrepreneurs, this is a Benelux registration or a European registration.