The current trademark regulations in Ukraine are mainly based on the Law on the Protection of Goods and Services Trademarks, which was promulgated on December 23, 1993 and revised on April 9, 2015. The China National Intellectual Property Administration of Ukraine is responsible for the unified management of trademark affairs, and the official languages are Ukrainian and Russian. Trademark exclusive rights need to be obtained through registration. The Ukrainian trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Ukraine is a party to international intellectual property treaties such as the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, and the Nairobi Treaty. It has also joined the Madrid Agreement and the Madrid Protocol, so trademark protection can be handled through both "single country registration" and "Madrid international registration".
At present, the China National Intellectual Property Administration of Ukraine adopts the description of goods and services in the 11th edition of the Nice Classification and accepts one form of multi category applications. The elements that can be registered as trademarks in Ukraine include: text, name, graphics, three-dimensional identification, color combinations, sound, etc.
If the applicant does not reside in Ukraine, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of a Ukrainian trademark is: application acceptance announcement examination approval issuance. After the application is submitted, the official first conducts a formal review, mainly examining whether the application requirements and classification information comply with regulations. Generally, it takes 1-2 months to complete the acceptance. The trademark shall be announced within 5 days after acceptance, and the announcement period shall be 3 months. If there are no objections during the announcement period, the official will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it will be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Ukraine takes 1 and a half to 2 years.
The Ukrainian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Conflict with prior trademarks, such as owning prior registered trademarks and using unregistered trademarks;
2. Malicious registration;
3. Well known trademark;
4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
5. The trademark lacks distinctiveness;
6. Trademarks are descriptive;
7. Common names or vocabulary within the industry;
8. Trademarks have adverse effects.