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Trademark application in Ukraine

The registration of a trademark in Ukraine grants its owner the sole right to use it in connection with particular products or services. An application must be submitted to the Ukrainian Intellectual Property Office, which will review it and decide whether the trademark satisfies the standards for eligibility.

Once a trademark is registered, the owner is legally protected from third parties using it without their consent in connection with the same or similar goods or services. For companies looking to build a solid brand identity and protect their intellectual property rights in Ukraine, trademark registration is essential.

The trademark must be distinctive, not misleading or in violation of public morals or order, and not already registered by another party in Ukraine to be eligible for registration. So, a trademark search should be done to make sure the proposed trademark doesn't conflict with any already registered trademarks.

The procedure of trademark registration in Ukraine is crucial for companies looking to create and safeguard their brand identities and intellectual property rights. Businesses may effectively navigate the registration procedure and obtain legal protection for their trademarks in Ukraine with the right direction and assistance.

Trademark application costs

The official fees for trademark application depend on the number of classes and the number of applicants.

Name of service	Official fee, Ukrainian national currency (UAH)
1. Filing application, each Class	3000
2. Registration and Certificate issuing, one class	685
- additionally for non-residents of Ukraine	200USD
- additionally for each subsequent class	600
- additionally for color	200

The commission of Pocket IP is 130 USD per trademark.

The payments are accepted in USD, EUR, GBP, CAD, and PLN (at a client’s request). Both bank payment and card payment are available.

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How to file trademark application online in Ukraine

Pocket IP offers trademark application services in Ukraine.

With Pocket IP you can run a preliminary trademark search before application filing and submit a new application.

A trademark application could be filed by entering new data or based on an example of a previously filed application

The fees are calculated automatically in USD, EUR, GBP, CAD, and PLN according to the current exchange date.

For filing a trademark application, a simply signed POA is required – a scanned copy is sufficient (draft and instructions will be provided by service). The Office might request an original copy of a POA later after an application is filed.

Importance of trademark registration in Ukraine

Trademark registration by IP Office gives protection of the trademark rights against infringement and unauthorized use of the same or similar trademark by others. After the trademark application is filed, the trademark owner obtains exclusive rights to use the trademark and after receiving the trademark certificate has the legal authority to challenge any unauthorized use of the trademark in court.

Trademark registration helps businesses establish and protect their brand identity, which is crucial in today's competitive market. A trademark serves as an identifier of the source of goods or services and helps create a distinct image of the business in the minds of consumers.

A registered trademark can be assigned, licensed, or franchised, providing an additional source of revenue for the trademark owner.

Trademark registration process in Ukraine

Trademark search

Trademark search is not mandatory, but it helps to ensure that the proposed trademark does not infringe on any existing trademarks

Filing

New trademark application

The trademark application is filed with the Ukrainian IP Office and includes information about the trademark itself, the applicant data, and the goods or services for which the trademark will be used.

Formal examination

Formal requirements

The Office reviews the application to ensure it meets all eligibility requirements.

Publication

Official publication

If the application is accepted, it is published in the Official Bulletin of the Ukrainian National Office for Intellectual Property and Innovation (UANIPIO) for opposition of other parties.

Substantive examination

Opposition period and substantive examination

Third parties have three months from the publication date to file an opposition to the trademark registration. If an opposition is filed, the IP Office will notify the applicant and provide a 2-month period for an opportunity to respond to the opposition. IP Office runs its own substantive examination procedure simultaneously.

Registration

Issuing of registration certificate

If no opposition is filed and Office’s expert doesn't identifies similar trademarks, the UANIPIO issues the registration certificate to the trademark owner.

The entire trademark registration process in Ukraine usually takes 18-24 months, but it can take longer if there is any opposition or provisional refusal.

For non-residents representation of a Ukrainian trademark attorney is obligatory.

Possibility to speed up the registration

There is no option to accelerate the examination of the applied trademark.

Priority

The applicant is entitled to claim priority of an earlier application for the same trademark for the same goods and services specified in the earlier application within six months from the date of filing of the earlier application.

The application should reference the date and number of the earlier application and include a translated copy of it in Ukrainian.

Renewal process

In Ukraine, trademark registration is valid for ten years from the date of filing the application, and it can be renewed for subsequent periods of ten years.

It is important to renew the trademark registration before it expires to ensure that the protection provided by the trademark is not lost.

Unlike in some other countries, evidence of use of the trademark is not required for renewal in Ukraine.

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FAQ

What could be registered as a trademark in Ukraine?

As a trademark could be registered unique symbol, logo, design, or phrase that identifies and distinguishes a business’s products or services from those of other businesses.

Sound and motion trademarks are also allowed for registration but did not gain popularity in Ukraine.

If a trademark contains national symbols or the name of a country, it should receive additional approval to use it.

Who can apply for trademark registration in Ukraine?

Any person or legal entity, including businesses and individuals, can apply for trademark registration in Ukraine.

A trademark can have multiple owners in Ukraine.

How long does it take to register a trademark in Ukraine?

The entire trademark registration process in Ukraine usually takes 18-24 months, but it can take longer if there is any opposition or provisional refusal.

How much does it cost to register a trademark in Ukraine?

The cost of trademark registration in Ukraine depends on several factors, including the number of classes of goods or services for which the trademark will be registered, and whether a color is claimed.

The official fees include an application fee and registration fees.

How long is a trademark registration valid in Ukraine?

A trademark registration certificate in Ukraine is valid for 10 years from the date of filing the application and can be renewed for subsequent periods of 10 years.

Can trademark registration in Ukraine be challenged?

Trademark registration in Ukraine can be challenged by third parties if they believe that the trademark infringes on their rights. Such claims can be filed during the opposition period or through legal action in court after the trademark registration.

Do I need to hire a local trademark attorney to register a trademark in Ukraine?

It is mandatory to hire a local licensed trademark attorney for foreign applicants.

Can I use my trademark in Ukraine before it is registered?

Yes, you can use your trademark in Ukraine before it is registered, but you will not have any legal protection against infringement or unauthorized use of your trademark.

Can I register my trademark in Ukraine if it is already registered in another country?

You can register your trademark in Ukraine even if it is already registered in another country. However, the trademark must still meet all eligibility requirements and not infringe on any existing trademarks in Ukraine.

Does Ukraine use international classification for goods and services?

Ukraine is a member state of all main treaties and agreements in the IP law sphere and uses the International (Madrid) classification for goods and services. It is possible to apply the standard list provided by WIPO (in Ukrainian translation) and individual non-standard lists within the scope of a class.

Can I register a trademark for multiple classes of goods or services in Ukraine?

You can register a trademark for multiple classes of goods or services in Ukraine, but the registration fees will increase for each additional class.

It is no limitation on the number of classes for one trademark or list of goods/services within a class.

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