MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Ukraine including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Ukraine:
According to the legislation of Ukraine, designations that are similar with or identical to the trademarks previously registered or applied for registration to the IP Office in respect of similar goods and/or services cannot be registered.
The online trademark search is available on our website in order to determine whether there are any similar or identical trademarks registered or filed with the Ukrpatent.
After the completion of filing, the official notification of the receipt of the application is issued within 1-2 months. Within 5 days from the establishing of filing date the application is published for 3 months opposition period. The trademark undergoes formal examination for about 8-10 months, then substantive examination — 8-10 months. On condition that the trademark meets the requirements of protectability, the grant decision is issued. If the registration and publication fees are paid in due course the trademark is registered, published and the certificate of registration is issued within 2-3 months.
The entire procedure of trademark registration in Ukraine takes about 1.5 - 2 years.
Foreign applicants must be represented before the Office by a registered Ukrainian trademark attorney.
For filing a trademark application in Ukraine we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is claimed (may be filed to the Ukrainian Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization and notarization are not required (may be filed to the Ukrainian Trademark Office within two months from the filing date).
Grounds, institutions and terms for filing a cancellation after registration (issuance of the certificate):
1. Cancellation based on relative grounds may be filed to Court within the entire period of validity of the trademark. As the cancellation is performed in court, the principle of 3-year limitation of action can be imposed;
2. Cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark. As the cancellation is performed in court, the principle of 3-year limitation of action can be imposed;
3. Cancellation based on non-use may be filed to Court. The grace period is 5 years 5 years from the date of publication the information about registration.
Trademark validity and renewal:
A trademark in Ukraine is valid for 10 years from the filing date and can be further renewed every 10 years. In Ukraine it is possible to apply for a renewal of a trademark within 6 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
Required documents: signed and stamped Power of Attorney.
For more information about trademark registration in Ukraine or quotation for filing and prosecution of the Ukrainian trademark application please contact us.