Trademark registration in Ukraine - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in Ukraine.
In which country do you want to register your trademark?
Contents
Why register a trademark in Ukraine?
Which body registers trademarks in Ukraine?
How is trademark priority in Ukraine determined?
How long does it take to register a trademark in Ukraine?
What is the cost of trademark registration in Ukraine?
Who can register a trademark in Ukraine?
What does the trademark registration process in Ukraine look like?
Why register a trademark in Ukraine?
Ukraine, as one of the largest countries in Europe with a growing economy, presents significant opportunities for foreign investors. Establishing a commercial presence in Ukraine provides companies with access to a diverse and dynamic market and serves as a gateway to Eastern Europe and beyond.
Given Ukraine's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider Ukraine a priority on its trademark list.
Which body registers trademarks in Ukraine?
The Ukrainian Intellectual Property Institute (Ukrpatent) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in Ukraine.
How is trademark priority in Ukraine determined?
Ukraine is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in Ukraine?
It generally takes 12 to 18 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in Ukraine?
The fee for filing a trademark application is approximately UAH 4,000 (approx. $150) per class. Additional fees may apply for multi-class applications.
Who can register a trademark in Ukraine?
Both domestic and foreign applicants can file for trademark registration in Ukraine. Foreign applicants must appoint a local representative who is a resident in Ukraine and a registered trademark agent.
What does the trademark registration process in Ukraine look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by Ukrpatent.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through Ukrpatent's e-filing system or in person/by mail at Ukrpatent's headquarters. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: Ukrpatent will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the Industrial Property Bulletin for a three-month opposition period.
Substantive Examination: After the opposition period, Ukrpatent will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, Ukrpatent will grant the trademark registration, and the applicant must pay the registration fee. Once paid, Ukrpatent will issue the registration certificate.
What does the trademark opposition process look like in Ukraine?
After publication in the Industrial Property Bulletin, there is a three-month period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
How long does a trademark last in Ukraine? How can I renew my Ukrainian trademark?
A trademark in Ukraine lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): Approximately UAH 4,000 (approx. $150) per class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 25% of the standard renewal fee.
Most popular sectors
Finance - Investment services
Home - Disinfectants for hygiene purposes
Retail and wholesale - Computer store
Home - Carpets and rugs
Hospitality - Online food ordering
Professional services - Legal services
Health & beauty - Drug manufacturer
Electronics - Home audio
Entertainment - Ticket reservation and booking
FMCG - Non-alcoholic drinks