Entry in the national phase of the trademark registration
If you have a basic national registration of your trademark in your country, you also have the right to register the trademark in Ukraine if you are planning to develop your business here.
One of the ways to register a trademark in Ukraine is provided with so-called Madrid system of international registration of marks. It only can be used by natural or legal person who has a real and effective industrial or commercial enterprise, or residence in a country that takes a part in the Madrid Agreement or the Madrid Protocol, or who is a citizen of a country and/or has a place of business or residence in the intergovernmental organization that takes a part in the Protocol.
The Madrid system is based on presence of basic national or regional registration or application for registration of the trademark. Under the Agreement, an applicant who wishes to obtain an international registration of the trademark should already possess registration of the mark in the country of origin (basic registration). Under the Protocol, the international application must be based on certificate already registered by the Office in the country of origin (basic registration) or trademark application submitted to this Office (basic application). The international application may include only to the goods and services covered by the basic application or certificate.
Can a non-resident register a trademark in Ukraine?
Not only residents of Ukraine but also non-residents may register their trademarks in Ukraine. According to the Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services" and international treaties ratified by the Supreme Council of Ukraine (Perliament) foreigners and stateless persons have equal rights and obligations with citizens of Ukraine for trademarks registration.
Foreigners and stateless persons realize their rights in intellectual property through patent attorneys immediately in relations with the central operating agency of the state policy in the field of intellectual property in accordance with normative legal act of Ukraine. Director of “ViConsult” company is a Patent Attorney of Ukraine with the registered number 329.
Ownership to the trademark is assigned by certificate. Validity of the certificate is 10 years from the filing date and it can be renewed with the request of the certificate owner every 10 years.
To start with registration you need to fill out the form.
Terms of the trademark registration under the national procedure:
- The standard procedure of registration - 18-20 months;
- During the period of martial law in Ukraine and taking into account paragraph 1 of the first part of the Law of Ukraine "On protection of the interests of individuals in the field of intellectual property during the martial law introduced in connection with the armed aggression of the Russian Federation against Ukraine", the accelerated registration procedure is not available (6 - 8 months).
The trademark registration cost for non-residents.
- The cost of trademark registration depends on:
- The desirable term of trademarks registration;
- The number of ICGS-classes which are declared in your application;
- Number of applicants;
- A color of your trademark.
Advancement of registration provides for additional fees.
Nuances of trademark registration during the period of martial law in Ukraine:
- it is prohibited to include in the composition of the designation applied for the registration of conditional designations associated with the full-scale invasion of the Russian Federation on the territory of Ukraine, namely: emphasizing the Latin letters "V" and "Z" by separating them or replacing them with the corresponding Cyrillic letters or declaring of these letters as separate designations (outside the legitimate context);
- trademark registration is possible only in standard terms (up to 24 months);
- will not be able to obtain legal protection for designations containing an indication/reference to locations, events, persons directly related to the Russian invasion and/or affected by it, as well as designations reflecting the names of equipment or weapons of the Armed Forces of Ukraine (expected according to draft law No. 9128 submitted to the Verkhovna Rada).
Our specialists will help you to calculate a cost of trademarks registration. You just have to send a request on e-male and get professional advice.