Ukraine Trademark Registration 

The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

The territorial limit of registration is Ukraine. It is recommended that a trademark be registered according to both Ukrainian and Russian laws to obtain protection in Crimea.

Yes, applicants are required to present a power of attorney.

• Use may demonstrate acquired distinctiveness
• Help overcome an objection to an application to register the trademark on the grounds of non-distinctiveness

Attack on the ground of non-use is available.

• words
• devices
• names
• light
• slogans
• certain three-dimensional shapes
• colours
• sounds
• service marks
• collective marks
• well-known marks

The order of the application process is as follows:

1. Examination of the following:
   • formalities
   • classification
   • clarity
   • descriptiveness
   • distinctiveness
   • deceptiveness
   • conflict with prior registration
2. Publication of the following:
   • name of applicant
   • application date
   • address of applicant
   • application number
   • goods/services
   • representation of trademark
   • priority claim information
   • index (indices) of International Classification of Figurative Elements of Marks
   • name of representative
   • address for correspondence
   • address of representative
3. Registration

The following are not registrable as trademarks:

• generic terms
• names, flags or symbols of states, nations, regions or international organizations
• marks that function principally as surnames
• marks that contradict moral standards or public order
• marks that function principally as geographic location names
• marks that consist of hallmarks and official signs indicating control and warranty, seals, assay marks
• non-distinctive trademarks
• marks that consist of copyright-protected subject matter
• marks that are descriptive or deceptive
• marks that solely reflect the form caused by the natural state of goods
• marks that consist of trade names that are known in Ukraine and belong to another person
• marks that are identical or misleadingly similar to an already registered trademark in Ukraine
• marks that consist of industrial designs
• The Law of Ukraine "On Condemning Communist and National Socialist (Nazi) Totalitarian Regimes and the Prohibition of Their Propaganda Symbols" has been adopted

Note: Please consult a trademark attorney.

Ukraine uses the Nice Classification System.

The European Union Trade Mark registration, formerly a Community Trade Mark registration, is not effective in Ukraine.

The following requisites must be satisfied:

• The applicant's home country is a member of the Paris Convention
• The home application was filed within six months preceding the application in Ukraine
• The applicant must file a priority declaration with reference to the date of filing of the earlier application and the application number
• A copy of the application in Ukrainian is filed at the Patent Office within three months from the date the application

The trademark must be used within three consecutive years from the registration date. The amount of use can be minimal and must occur in

Ukraine.

The initial term of a registration is 10 years calculated from the application date.

The first renewal date is 10 years from the application filing date.

It is legally allowed to use an unregistered mark for any goods or services.