Trademarks Law in Ukraine
Certainly! Here's a detailed overview of trademark law in Ukraine:
πΊπ¦ Trademark Law in Ukraine
1. Legal Framework
Trademark protection in Ukraine is primarily governed by:
The Law of Ukraine on Protection of Rights to Marks for Goods and Services (1993, as amended).
The Civil Code of Ukraine (Section 4, Intellectual Property).
The responsible authority is the Ukrainian Intellectual Property Institute (Ukrpatent), under the Ukrainian National Office for Intellectual Property and Innovations (UKRNOIPI).
Ukraine is a member of several international treaties:
The Paris Convention
The Madrid Agreement and Madrid Protocol
The TRIPS Agreement
The Nice Agreement (classification of goods and services)
2. Definition of a Trademark
A trademark (referred to as a "mark for goods and services") is a sign used to distinguish the goods/services of one entity from those of others.
Registrable marks include:
Words, letters, numerals
Logos, symbols, slogans
Colors and combinations
Shapes, packaging
Sounds (non-traditional marks like scents or motions are not yet recognized)
3. Registration Process
Applications can be submitted:
Directly to Ukrpatent, or
Via the Madrid System for international trademarks.
Steps:
Filing β with the mark, list of goods/services (based on the Nice Classification), and applicant details.
Formal examination β to check compliance with formalities.
Substantive examination β to assess distinctiveness and check for prior rights.
Publication β in the Official Bulletin for opposition (2 months).
Registration and Certificate Issuance β if no oppositions or after opposition is resolved.
4. Duration and Renewal
Initial protection is valid for 10 years from the filing date.
Renewable every 10 years indefinitely.
Renewal must be requested within 6 months before expiry, with a 6-month grace period available (with late fees).
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services.
Right to prohibit others from using identical or confusingly similar signs.
Right to license, assign, or enforce the trademark.
Ability to register with customs to prevent import of counterfeit goods.
6. Infringement and Enforcement
Infringement occurs with unauthorized use that creates consumer confusion.
Enforcement mechanisms include:
Civil lawsuits (injunctions, damages, destruction of infringing goods)
Administrative actions (fines, seizure)
Border enforcement (customs measures)
Criminal penalties in cases of large-scale counterfeiting
7. Use Requirement
Ukraine does not require proof of use to maintain a trademark, but a registered mark can be cancelled if not used for 5 consecutive years by request of a third party.
8. International Registration
Ukraine is a member of the Madrid Protocol, so foreign applicants can designate Ukraine through WIPO.
Ukrainian trademarks can also be extended abroad via the Madrid System.
Summary Table
| Feature | Details |
|---|---|
| Law | Law on Protection of Rights to Marks (1993) |
| Authority | Ukrpatent / UKRNOIPI |
| Duration | 10 years, renewable indefinitely |
| Opposition Period | 2 months after publication |
| Use Requirement | Required β non-use for 5 years = cancellation |
| International Filing | Madrid Protocol member |
| Enforcement | Civil, administrative, criminal, customs |
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