What can be protected as Trademark in Ukraine?
Signs that сconclude words, letters, numbers, and graphic elements, colors, and color combinations, as well as and a combination of such signs can be protected under Ukrainian Law as a trademark.
What cannot be protected as Trademark in Ukraine?
There are limitations in which objects can be registered as a Trademark.
The signs that applied cannot contradict the public order and principals of humanity and morality.
Non-distinctive, generic, and descriptive signs cannot be registered as trademarks.
Also, signs that reproduce industrial designs, registered in Ukraine in names of other persons, reproduce the objects protected by copyright without the consent of copyright holders and/or their successors, reproduce the names, pseudonyms, and portraits and facsimiles of famous persons in Ukraine without their consent.
The signs also cannot image and imitate: state symbols, state names, symbols and names of international organizations, official warranty, control and assay seals, official awards. Therefore, such elements may be included as non-protective to the sign upon the approval of the authorized body and/or lawful holder.
Required documents and data for TM application:
The foreign legal entities or natural persons are not allowed to submit a Trademark application directly to the Ukrainian Institute of Industrial Property (Ukrpatent). Only a Ukrainian Trademark attorney may submit an application on behalf of a non-resident of Ukraine.
The simplest way to file a trademark application in Ukraine is to use the service Pocket IP.
1. Applicant’s information:
a) Name, surname, and the address of an individual;
b) Legal name and legal address for a legal entity.
2. Power of Attorney (signed and sealed) if the applicant is a non-resident of Ukraine
3. List of classes for goods and/or services for the trademark
4. Image of the sign and its description
Official fees
After the submission of the application fee shall be paid within 2 months.
The registration fees shall be paid within 3 months from the date of the Office’s decision.
The rates of official fees are set by the resolution of the Cabinet of Ministers of Ukraine №496 published on June 14, 2019.
Trademark registration prices in Ukraine excluding professional fees of Trademark lawyers:
| Name of services | Official fee, Ukrainian hryvnia | Official fee, USD (approximately) |
|
Registration Filing trademark application (registration term – 18-24 months)* |
||
| – per one class | 3000 | 80 |
| – each additional class | 3000 | 80 |
|
Publication |
||
| – per one class | 600 | 16 |
| – each additional class | 600 | 16 |
| – per color | 200 | 6 |
| Registration |
||
| – per one class | – | 200 |
|
Renewal of registration |
||
| – in one class | 12000 | 320 |
| – per each additional class | 1200 | 32 |
*Includes 20% discount for electronic filing
Examination
Firstly, the Ukrainian Patent Office checks if the application meets all formal requirements for registration. Upon the successful decision of the formal check, the Office assesses the substantive part of the application. Provisional refusal for protection may be issued if the Office decides upon violations of either absolute grounds or rights of the third parties. The refusal can be overcome by submitting an argumentized answer to the Office within 2 months. If there is no refusal, the decision upon the registration of a trademark is issued.
Timeframe
The examination of the application is conducted within 13-17 months.
Extra fast examination is not possible.
Upon request after a 6-month term after the submission of the application, the examination term can be accelerated and the examination is conducted within 4-5 months.
Term of protection of the registered TM
10 years, which can be renewed by means of paying official fee and submission of the proper request.
Oppositions in Ukraine
There are no provisions in the Ukrainian Laws regarding formal opposition against pending applications.
However, after the publication of the application, but prior to deciding on trademark registration, any person is entitled to file written observations specifying the reasons for rejection of the registration, that can be considered during the examination of the applications.
Any person can submit to the institution of examination a reasoned objection to the application for non-compliance an indication of the conditions for granting legal protection.
The objection shall be considered if it is received by the institution examination not later than 5 days before the date of acceptance by the Office of the decision on the application.
The examination body shall send a copy of the objection to the applicant.
The applicant is entitled to notify the institution of the examination of his objection to the objection within two months from the date of its denial obtaining. He can refute the objection and leave the application without change, make or revoke the application.
The results of the objection review are reflected in the Ukrpatent decision on the request.
Overcoming provisional refusal of protection for trademark application in Ukraine
As a result of the examination, full or partial refusal can be issued by the Ukrainian Patent Office.
It can be overcome by submission response to the provisional refusal, which shall be submitted within 2 months since the date of the refusal. This term may be extended or renewed (if it was missed) for an additional official fee.
If you have any additional questions as to Trademark registration procedure in Ukraine, please contact us info@craneip.com