Trademark Registration in Ukraine

In Ukraine, trademark registration is mandatory in order 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, so relying solely on use without registration is risky.

Trademark applications must be filed with the Ukrainian Intellectual Property Institute UIPV.
Ukraine is also a member state of the Madrid Protocol, so you can extend an international trademark registration to Ukraine through the Madrid System.

By default, applications that include a logo are filed without a color claim, which allows the trademark owner to use the mark in any color combination. If you wish to claim color as a feature of your trademark, this is possible upon request, but it will restrict use of the mark to the colors claimed in the application and will involve additional fees.

If you register a combined trademark (containing both word and figurative elements) in Ukraine, the exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is advisable to file another trademark that includes only the word elements or only the figurative elements you wish to protect independently.

To register a trademark in Ukraine, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average trademark application process in Ukraine takes 18 months. This is an estimated processing time for straightforward cases, based on current examination and publication timeframes, and it may vary considerably depending on the complexity of the case or any objections or oppositions that arise.

Once registered, trademarks in Ukraine have a validity of 10 years from the application date. After this initial period:

• The trademark can be renewed indefinitely for additional periods of 10 years each.
• Renewal may be requested as early as six (6) months before the expiration date.
• If the renewal is not filed in time, it can still be requested during a grace period of six (6) months after expiration, subject to payment of a late renewal fee.

This system allows for long-term protection as long as renewals are filed and fees are paid when due.

Yes. If a third party attempts to register or use a trademark for similar goods or services that includes a primary or distinctive part of your trademark, you have the right to oppose the application based on confusing similarity. The chances of success will depend on the circumstances of each particular case.

Opposition actions may be filed by third parties up to five (5) days before the Ukrainian trademarks office issues its decision on registration.
After a trademark has already been registered, it is still possible to challenge it, but such actions are not filed through the Intellectual Property Institute; instead, they must be brought before the Ukrainian courts.

A trademark in Ukraine does not have to be in use in order to be registered. However, once registered, the trademark must not go unused for a period of three (3) consecutive years.

If the mark is not used for such a period, it becomes vulnerable to cancellation actions based on lack of use. These actions can be filed by third parties who may seek to remove an unused mark from the register.