Why and how to register a trademark in Ukraine

In Ukraine, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Ukrainian Intellectual Property Institute (UIPV).

Ukraine is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

Please note that by default, applications including a logo will be filed without color claim. This allows the trademark holder to use the trademark in any combination of color. Upon request it is possible to claim color as a feature of the trademark. This will restrict its use to the colors claimed in the trademark application.

If you register a combined trademark (which includes both word elements and figurative elements) in Ukraine, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions can be filed by third parties against trademark applications up to five (5) days before the decision on registration is made by the trademarks office. Actions can also be taken after a trademark has registered, but such actions are not filed through the Intellectual Property Institute but rather through the Ukrainian courts. 

A registered trademark must not go unused for periods of three years once it has registered or it will become vulnerable to cancellation actions based on lack of use of the trademark.

Registered trademarks in Ukraine have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as six (6) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.

 

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