Entering the national phase of the trademark registration
If you have a basic national registration of your trademark in the country of origin, in addition you have the right to register the trademark in Ukraine if you are planning to live or conduct business here.
Madrid system of international registration of marks can only use physical or legal person who has a real and effective industrial or commercial enterprise or residence in a country that is a party to the Madrid Agreement or the Madrid Protocol, or who is a citizen of a country that has a place of business or residence in the intergovernmental organization that is a party to the Protocol, or is a citizen of a Member State of that like organization.
The Madrid system is based on the requirement of availability of basic national or regional registration or application for registration of the mark. Under the Agreement, an applicant who wishes to obtain an international registration of the mark should already obtain registration of the mark in the country of origin (basic registration). Under the Protocol, the international application may be based or registered by the Office of origin (basic registration) or application for registration submitted to this Office (basic application). The international application may relate only to the goods and services covered by the basic application or registration.
Can a non-resident register a trademark in Ukraine?
Both resident and non-resident of Ukraine, person or entity can register their trademark in Ukraine/ According to the Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services" foreigners and stateless persons shall have equal rights and obligations under this Act with citizens of Ukraine in accordance with international treaties of Ukraine ratified by the Verkhovna Rada (Perliament) of Ukraine .
Foreigners and stateless persons in relations with the realizing their rights through patent attorneys registered in accordance with the regulations approved by the central executive body to the state policy in the field of intellectual property. Director of LLC "ViConsalt Pro" is a Patent Attorney of Ukraine with the Registered number of 329.
Ownership of the mark shall be certified by certificate. Validity of the certificate is 10 years from the filing date and the Office can renew it by the request of the owner of the certificate every 10 years.
Where to start?
To get started You need to fill out the questionnaire.
Terms of the trademark registration under the national procedure:
- The standard procedure of registration - 1,5 - 2 years;
- Expedited registration - 8 - 8.5 months.;
- Express registration procedure - 4-4.5 months.
The cost of trademark registration for non-residents.
The cost of trademark registration depends on:
- The desirable date of registration of the trademark;
- The number classes of the ICGS 10 which are declared in Your application;
- Number of applicants;
- The presence of color in the application.
Acceleration of registration provides for additional fees.
When the trade mark is registered by a non-resident of Ukraine obligatory payment is payment of duty for issuing certificates Ukraine mark for the goods and services in the amount of $ 200.
For budget registration of trademark for you, you should just send a request to the employees of the Company and you will get professional advice, draft contracts and all of the recommendations.