UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
a registered trade mark, since other valid prior rights can be invoked. A revocation/cancellation proceeding may be initiated by an individual or legal entity who con - siders their rights or legitimate interests to have been infringed, unrecognised or disputed due to the existence of another trade mark or copyright. According to case law, the plaintiff must demon - strate at least their legal or commercial interest in taking such actions. 5.4 Opposition or Revocation/ Cancellation Procedure The opposition may be filed within three months from the publication date. This term is not extendable. For a description of the opposition procedure, see 5.2 Legal Grounds for Filing an Opposition or Cancellation . Revocation/cancellation actions can only be brought before the civil and commercial courts. Partial revocation/cancellation is possible. If the grounds for revocation/cancellation of the trade mark certificate apply to certain goods or services, the certificate shall only be terminated partially. 5.5 Legal Remedies Against the Decision of the Trade Mark Office A post-grant opposition can be filed with the Chamber of Appeals within two months of receiving the final decision, but only by a person who filed a pre-grant opposition. The period for consideration of the opposition is two months from receipt thereof, along with a respective payment receipt by the Chamber of Appeals, and may be extended for no more than two months, provided that the relevant request is submitted and the respective fee is paid.
The IP Office’s final decision on the application may also be appealed to the court. The grounds for appealing the IP Office’s final decision are the same in both post-grant opposi - tion and court procedures. If the opposition is filed, a copy thereof is sent to the applicant, who has 15 days to respond, from the notification date. The opposition procedure includes filing writ - ten materials and conducting oral hearings, the number of which depends on the complexity of the case. Both the opponent and the applicant are parties to the proceedings. A grounded decision of the Chamber of Appeals may be challenged by the applicant or opponent through the court within two months from the date of receipt thereof. 5.6 Amendment in Revocation/ Cancellation Proceedings The general requirements of procedural law apply. After filing a statement of claim but before the consideration of the case on merits, the sub - ject or grounds of the claim may be amended, and the amount of the claim may be increased or decreased. 5.7 Combining Revocation/Cancellation and Infringement The current legislation does not contain any prohibitions or restrictions as to filing actions involving revocation/cancellation and infringe - ment being heard together. According to procedural law, a statement of claim may combine several claims that are relat - ed by their grounds or the evidence presented, including both primary and ancillary claims
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