Trademarks in Ukraine

Competent Authority & System

Official Authority: Ukrainian National Office for Intellectual Property and Innovations (UANIPIO / ІР Офіс).

Official Language: Ukrainian.

System: National IP system based on the Law of Ukraine "On Protection of Rights to Marks for Goods and Services". Ukraine is an EU candidate country harmonizing its IP laws toward European Union standards.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol (since December 25, 1991 / December 29, 2000). Ukraine can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident foreign applicants who do not have a domicile or permanent real commercial establishment in Ukraine must be represented by a registered Ukrainian Patent/Representative (patentnyi povirenij).

Power of Attorney (POA): Required when represented. A simple signed Power of Attorney is accepted; notarization or Legalization/Apostille is not required. The original signed POA can be submitted within 2 months from the filing date.

Online Services & Database

E-Filing: Electronic filing is fully operational through UANIPIO digital portals, offering an official 20% statutory discount on filing fees for online submissions.

Free Trademark Search Database: Public searches are accessible free of charge via the official UANIPIO Open Search Database, as well as TMview and the WIPO Global Brand Database.

Registrable Mark Types

Types: Verbal (word marks), pictorial/figurative (logos), combined signs, 3D shapes/packaging, color marks/combinations, sound, motion, pattern, position, multimedia, and hologram marks capable of distinguishing goods or services.

Foreign Characters & Translation: Applications featuring non-Cyrillic scripts (e.g., Latin alphabet) or foreign wording must include a transliteration into the Cyrillic alphabet and a translation into Ukrainian.

Classification Framework

Nice Classification: Applies the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Specifications must be clear and specific; overly vague or broad general class headings may draw office objections requiring precise specification of goods/services.

Examination Process

Examination Scope:

Formal Examination: Verifies administrative compliance, class specifications, and payment of official tariffs.

Substantive Examination: UANIPIO evaluates both absolute grounds (distinctiveness, descriptiveness, genericness, public order, deceptive signs) and relative grounds (ex officio search for prior identical or confusingly similar trademarks and pending applications).

Office Action Deadlines: Standard response time for formal deficiency letters or provisional refusal notices is 2 months from official notification (extendable upon request and payment of statutory extension fees).

Publication & Opposition

Pre-Grant Opposition Window: Applications are published in the Official Bulletin (Promyslova Vlasnist) upon completion of formal examination. Interested third parties may file a formal pre-grant opposition within 3 months from the publication date.

Standing: Owners of earlier registered Ukrainian trademarks, international registrations designating Ukraine, pending applications with earlier priority, well-known marks under Article 6bis of the Paris Convention, or prior trade names.

Timeline & Expedited Examination

Average Timeframe: Approximately 18 to 24 months from filing to registration under standard administrative processing.

Expedited Examination: UANIPIO offers an official paid fast-track examination procedure upon payment of urgency surcharges, significantly reducing the total examination and registration timeline to approximately 3 to 5 months.

Official Fees

Official statutory fees at UANIPIO (in Ukrainian Hryvnia - UAH; 20% discount applied for e-filing):

Application Filing & Formal Examination Fee: 4,000 UAH base per class (Paper) / 3,200 UAH per class (E-Filing with 20% discount).

Color Logo Surcharge: Additional 1,000 UAH surcharge if the mark is claimed in color.

Multiple Applicants Surcharge: +30% surcharge on filing fees if filed in the names of multiple joint applicants.

Publication & Certificate Grant Fee: 600 UAH base fee per class + 200 UAH for color publication.

State Duty for Certificate Issuance: 85 UAH (non-resident applicants pay $200 USD equivalent for state certificate duty).

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within the final 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to a statutory 50% surcharge on base renewal fees.

Use Requirements & Priority System

Priority System: First-to-file system. Priority documents can be submitted within 3 months from the filing date.

Non-Use Cancellation: A registered trademark becomes vulnerable to revocation on non-use grounds if it has not been put to genuine commercial use in Ukraine for a continuous period of 5 years post-registration. Cancellation actions are handled before competent civil courts or the IP Court.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine 10-year renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the State Register at UANIPIO to be legally binding against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims are filed administratively with the Appeals Chamber of UANIPIO (Palata Apeliyasiy) or brought before competent civil courtsUkraine is a country located in Eastern Europe. It is the second-largest country by land area in Europe, after Russia.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.