Professional registration of trademarks (marks) in Ukraine: verbal, figurative, combined, three-dimensional, musical trademarks, etc.

   Ukraine is one of the Contracting Parties of the following international acts concerning trademarks:  

   Foreign and stateless persons have the same rights as Ukrainian citizens according to international conventions, the Constitution of Ukraine, and the Code of Laws of Ukraine. However, they can communicate with the Ukrainian Patent Office only through registered Patent Attorneys of Ukraine.

 What can be a trademark?

    A trademark is a sign, which identifies goods or services of a particular source from those of others. A trademark can also be a brand name or logo.

    A trademark can be expressed by any sign or a combination of signs. Trademarks can be divided into several types:

What objects cannot be registered as trademarks?

    You cannot register as a trademark any sign which picture or imitate:

 Nevertheless, these signs can be included into a trademark as unprotected elements, provided the competent body or owners agree.

    Moreover, no legal protection can be given to the signs that:

You cannot register signs similar to trademarks registered or filed for registration in Ukraine on behalf of another person for the same or related goods and services.

 How do you apply to register a trademark in Ukraine?

    There are three ways:

 Forms (documents) required for filing a trademark application
 What document certifies the right to a trademark?

 The right to use a trademark is certified by a trademark certificate. The term of validity of a trademark certificate is 10 years and can be extended an unlimited number of times.

Download the certificate

Trademark registration procedure

 The application is examined by the Ukrainian Intellectual Property Institute (Ukrpatent). The aim of the examination is to determine whether the trademark conforms to the criteria stipulated by the law and to search for similar trademarks. Any person can view the materials of the application and, after payment of the official fee, submit an objection against the registration of this trademark.

   If the examination results in a positive decision, a trademark certificate is issued and the registration of the trademark is published in an official bulletin "Promyslova Vlasnist" ("Industrial Property”) of the Ukrainian Intellectual Property Institute.

   If the decision is negative, the applicant receives a provisional refusal, which can be disputed within 2 months. In case of failure to dispute the provisional refusal and receiving the final refusal, the applicant can contest the refusal at the Board of Appeal.

 Time required for registration

   In Ukraine, it is possible to choose between two different different procedures for the registration of a trademark:

   Regardless of which procedure you choose, the entire registration process will take place under the same rules. This means that the requirements for the application are the same irrespective of the procedure chosen. The only thing that distinguishes between these procedures (except for the terms, of course) is the cost of registration.

   You may choose between these two different procedures depending on your wishes and requirements.


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