UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
The Trade Mark Law provides that the certificate grants its owner the exclusive right to prohibit other persons from using, without their consent and unless otherwise provided by this Law: • a designation identical to the registered trade mark concerning the goods and services listed in the certificate; • a designation identical to the registered trade mark concerning goods and services related to those listed in the certificate, if such use may lead to confusion between this desig - nation and the trade mark, particularly if an association between such designation and the trade mark may arise; and • a designation similar to the registered trade mark concerning the goods and services listed in the certificate and related to those listed in the certificate, if such use may lead to confusion between these designations, particularly if an association between such designation and the trade mark may arise. These rights endure throughout the duration of In Ukraine, trade mark protection arises solely from its registration, whether through national or international procedures. A trade mark is deemed to be used if it is applied in the form of the registered trade mark, and in a form that differs from the registered trade mark only by individual elements, provided that this does not alter the overall distinctiveness of the trade mark. 2.5 Notices and Symbols The owner of protected trade mark has the right to affix alongside the trade mark a warn - ing marking ®, indicating that this trade mark is the trade mark’s validity. 2.4 Use in Commerce
registered in Ukraine. The use of this symbol is entirely optional. However, using the symbol ® for non-registered trade marks may entail liability according to unfair competition legislation. 2.6 Related Rights In Ukraine, intellectual property rights are not singular, and a trade mark can be safeguarded by multiple forms of intellectual property pro - tection. An emblem that is actually used as a trade mark might be protected under both trade mark and copyright law. Consequently, different instruments for enforcement will be applied. If a trade mark constitutes a surname, it can be registered, subject to certain restrictions (as mentioned in 2.1 Types of Trade Marks ). 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works According to the Copyright and Related Rights Law, objects of copyright include works in the field of literature, art and science, as follows: • literary works of fiction, non-fiction, scientific, technical or other nature (books, brochures, articles, etc), in written, electronic (digital) or other forms; • speeches, lectures, addresses, sermons and other oral works; • musical works with or without lyrics; • dramatic or musical-dramatic works, panto - mimes, light and sound shows, circus per - formances, choreographic works, and other works created for stage performance, as well as their productions;
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