UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
3.10 Related Rights In Ukraine, intellectual property rights can be safeguarded through various forms of intellec - tual property protection. A copyright may be protected as a trade mark or a design if it meets the respective requirements for these objects. As a result, different enforcement mechanisms will be applied. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Exclusive rights to permit or prohibit the use of a certain trade mark by third parties may be acquired through the trade mark registration process only. To register a trade mark, a person must file the respective application with the IP Office or an international registration designating Ukraine. Furthermore, it is possible to obtain a fully valid legal protection for a well-known trade mark in Ukraine when recognised as such by the Cham - ber of Appeals of the IP Office or by the court. Legal protection shall be granted to a mark that: • is distinctive; • does not contradict public order or moral principles; and • is not subject to refusal according to the grounds defined by the Trade Mark Law. Different types of marks (including trade dress – for example, in the form of three-dimensional marks) are registrable if they can fulfil the trade mark function of identifying the origin of the goods.
• the applicant has not corrected errors in the application or has not provided addi - tional documents specified in the IP Office’s request; • the application concerns an object not pro - tected by copyright; • the application is filed in violation of the rights and legitimate interests of third parties; • the application contains information that contradicts universally recognised principles of morality and public order; and • the applicant or the person related to the application – including as the author, co- author, compiler, heir, employer, customer, party to the contract, or other subject of copyright to the work for which the applica - tion is filed – is a person associated with the aggressor state. The actions or inaction of the IP Office, including the refusal to register copyright, may be chal - lenged in court. If an application package contains incomplete documents or improperly prepared documents, or if there are reasonable doubts regarding the accuracy and/or completeness of the informa - tion provided, the IP Office shall, within one month of receiving the application documents, send the applicant a request to: • address the identified deficiencies in the application documents; and • provide additional documents necessary for the review of the application. The applicant must submit the corrected infor - mation and/or required documents to the IP Office within three months of receiving the request.
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