Trademark registration in Ukraine
In order that your work to promote the fame of the business is not damaged, it is advisable to register a trademark, which in Ukrainian law is called a "trademark" or "mark for goods and services". (hereinafter referred to as "TK"). Registration is performed by a body called "Ukrainian Institute of Intellectual Property", or Ukrpatent, and is a state-owned enterprise.
Registration of a trademark in Ukraine allows its owner:
- use it to promote goods and services;
- protect the brand from copying or other illegal use;
- the right to register a domain in the sector .ua;
- The right to transfer or sell the mark for goods and services.
Features of trademark registration in Ukraine
Under the name "trademark" in this country can be registered:
- a word or set of words - a verbal designation of a brand;
- an image, which may be color/black and white;
- any combination of words and images, including three-dimensional views, holographic signs, multimedia.
The following variations of marks for goods and services are not eligible for registration:
- Similar or identical marks if they are in the same or homogeneous classes of the ICTA (whereas different classes are permissible);
- Common words, terms and symbols, such as "chair", "milk", which, according to the applicant's intention, should reflect the type of products produced.
- Images, names similar or identical to various types of state symbols, both verbal and pictorial. Awards and seals are also inadmissible for inclusion in a trademark. However, with the consent of the appropriate authority or the owner of such symbols, they may be included in a mark for goods and services.
In order not to get brand registration rejected at the stage when the applicant has already incurred costs for payment of fees and other charges, it is advisable to make a search for identical or similar marks registered in the given or related class of goods and services of the Nice Classification of Goods and Services. The search will be made through the database of Ukrpatent, which is publicly available, but there is a risk of making mistakes in terms of ability to navigate in the classifier or in the concept of similarity or identity of the trademark to be registered.
Registration of trademark in this country under the Madrid Agreement requires that at the time of filing an application to WIPO, the applicant has a certificate of registration of trademark in Ukraine, or at least an application to Ukrpatent was filed.
Procedure and terms of trademark registration in Ukraine
- To begin with, the application must be submitted and paid for.
- After that, the procedure of formal examination begins - formal verification of the trademark for compliance with the state law, according to which the application is made. At this stage Ukrpatent may request additional information or actions to amend the application. The applicant has 2 months for response.
- After completion of the formal verification (examination) of the application, the next stage begins - qualification examination, the purpose of which is to determine the compliance of the submitted TOR with the requirements for trademarks for goods and services, as well as the absence of identical or similar designations among the already registered brands. Since 2015 the list of applications present at the stage of qualification examination is publicly available on the website of Ukrpatent. This allows owners of already existing trademarks to monitor the appearance of new applications for registration of trademark protection rights for violation of their interests.
- In case of a favorable conclusion of the qualification examination, the applicant receives a notice and must within 3 months pay the state fee for the publication of registration data and the fee for the certificate of registration of trademark. In order to obtain a certificate of registration of trademark protection it is necessary to send original payment orders for these payments to Ukrpatent.
- Obtaining a certificate.
The period of validity of legal protection of TK is 10 years and may be extended for a period of ten years. The procedure for registration of rights to trademark in Ukraine takes from 15 to 18 months from the date of filing the application, but this period can be reduced to six months or more by paying the state fee, which amounts from 6,500 UAH.
Documents for trademark registration in Ukraine
The package of documents required for legal protection at the application stage shall consist of:
- an 8x8 cm image of the brand designation in hard copy and electronic file, 5 pieces for black and white TK designation and 10 pieces for color.
- A complete list of goods and/or services to be registered for TOD.
- Personal information of the applicant in Ukrainian (full name of the company and its registered address or full name and place of residence of an individual).
If the applicant applied to a patent company or a patent attorney, he must provide an officially formatted power of attorney to perform actions for registration of legal protection of the brand on behalf of its owner. The state fee for registration is paid within 2 months from the date of filing the application documents. It is not refundable in the case of refusal.
The procedure of registration of the rights to trademark in Ukraine has many peculiarities and nuances, therefore it is better to entrust the professionals to conduct it. The specialists of Prof-Patent will register your brand as correctly as possible and in optimal time.
You can find out more details and clarify the cost of this service from our specialists by phone, listed contacts or during a personal meeting.
The services we provide in Russia and Abroad:
In Ukrainian national offices:
- assessing the possibility of issuing a security clearance;
- making all payments and fees;
- initial processing and filing of the registration application;
- maintaining the records, including extended records, until the completion of the registration process;
- obtaining a certificate;
Under the Madrid system
- initial preparation and filing of the registration application;
- Keeping all paperwork until the registration process is complete;
- Interaction on notifications and requests with national Offices and WIPO;
- payment of all fees and charges;
- obtaining the certificate.
A curious fact about intellectual property protection:
Personal intellectual property rights in Russia can be proprietary and non-proprietary.
- Property rights are also called exclusive rights and include, among other things, the right to reproduce (e.g., publish), broadcast, modify and rework (e.g., translate), and copy. Such rights allow their owner both commercial and noncommercial use of the object of property;
- Non-property personal rights can belong only to the author of the work and include the right of disclosure, performance, and protection against distortion. These rights cannot be sold. After the author's death the non-property rights pass to his heirs.