UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
4.2 Trade Mark Register The IP Office maintains the State Register of Trade Marks (the “State Register”), which includes all registered Ukrainian trade marks. The State Register is publicly available on the IP Office’s website, which also publishes appli - cations filed for registration in the online Official Bulletin. Information about registered marks and filed applications is available on the IP Office Infor - mation System, an online unified search engine providing information about all IP objects. Bearing in mind that the IP Office conducts a substantive examination (including checking of prior rights), it is highly recommended to con - duct a full availability trade mark search before filing a new application. The IP Office also maintains a register of well- known trade marks. This is not a State Register, but rather a list of trade marks recognised as well known in Ukraine by the Chamber of Appeals of The term of protection of a trade mark is ten years calculated from the application filing date. A trade mark may be renewed for the next ten years each time upon request of the trade mark owner, provided that the renewal fee has been duly paid. Late payment is possible within six months after the trade mark expiry date (subject to an extra fee). For more details, contact a local attorney. The martial law imposed in Ukraine in 2022 caused legal ambiguity regarding IP rights terms. According to the relevant law, IP rights, the valid - ity of which expire on the day of imposition of the martial law in Ukraine or during the martial law, the IP Office or by the court. 4.3 Term of Registration
shall remain valid until expiry or cancellation of the martial law. Upon the expiry or cancellation of the martial law, the validity of IP rights may be extended as per regular IP law. The main purpose of this pro - vision, in conjunction with other sections of the law, can be interpreted as a temporary suspen - sion of deadlines for IP renewals and other pros - ecution terms. Registration of copyright does not require any maintenance and remains valid throughout the full term of copyright protection. 4.4 Application Requirements The following information and documents are required for filing a trade mark application in Ukraine: • applicant’s data (full name and address); • representation of the mark (in colour, if claimed); • list of goods and/or services the trade mark is applied for; and • power of attorney (POA) signed by a duly authorised person. The POA should be simply signed, and in some cases may be the subject of notarisation. Legali - sation is not required. For more details, contact a local attorney. In respect of certain specific types of trade marks, additional data is also required, particu - larly as follows: • sound mark – recorded phonogram and musi - cal score; • colour mark – examples of how the applied mark will be used in respect of goods and/or services; and • three-dimensional mark – all views of the applied mark.
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