Trademarks in Ukraine, Filing and prosecuting trademarks applications in Ukraine

Under Law of Ukraine "On Protection of Rights in Trademarks and Service Marks" a trademark is sign capable of individualizing goods, active jobs or services natural persons or legal entities.

The Trademark Certificate is valid for 10 (ten) years from the date of receipt of the application by the Patent Office of Ukraine. The validity of the Trademark Certificate could be extended for next 10 (ten) years.

I. Filing a trademark application in Ukraine (without claiming priority according to Paris Convention);

1. Forms (documents) required for filing of trademark application:

1. Filing particulars - name, country of incorporation and address of the Applicant(s);
2. the claimed sign;
3. the list of goods for which the trademark registration is applied for, grouped under headings of the International Classification of Goods and Services;
4. Power of Attorney signed by authorized person on behalf of Applicant;

2. Requirements for prosecution of the application:

1. Official filing fee an amount of USD 450 for first 3 (three) classes and USD 150 for every next class in excess of 3 (three) should be paid within 2 (two) months from the filing date;
2. Power of Attorney could be filed when filing trademark application or within 2 (two) months from the filing date;
3. Granting fee in amount of USD 200 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

a) Power of Attorney mentioned in point 1- d) does not need notarization or legalization.

II. Filing a trademark application in Ukraine according to Paris Convention (with claiming priority according to Paris Convention)

1. Forms (documents) required for accomplishing National Filing of trademark application according to Paris Convention:

1. Filing particulars - name, country of incorporation and address of the Applicant(s);
2. the claimed sign;
3. the list of goods for which the trademark registration is applied for, grouped under headings of the International Classification of Goods and Services;
4. Certified copy of the priority application;
5. Power of Attorney signed by authorized person on behalf of Applicant.

2. Requirements for prosecution of the application:

1. Official filing fee an amount of USD 450 for first 3 (three) classes and USD 150 for every next class in excess of 3 (three) should be paid within 2 (two) months from the filing date;
2. Power of Attorney could be filed when filing trademark application or within 2 (two) months from the filing date;
3. Certified copy of the priority application should be filed within 3 (three) months from the filing date;
4. Granting fee in amount of USD 200 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

1. Power of Attorney mentioned in the point 1- e) does not need notarization or legalization.
2. The copy of the priority application mentioned in the point 1 - d) should be duly certified by Patent Office of the state where the application was first filed. No other notarization or legalization is needed.

III. Additional information regarding the filing requirements

1. According to applicable Ukrainian regulations a single General Power of Attorney can be used for all trademark applications filed in the name of one applicant.

2. Practically all terms in filing and prosecution of application can be extended by way of filing special petition and payment of definite extension official fee.

3. Foreign citizens and persons without citizenship enjoy the same rights according to international conventions, Constitution of Ukraine and laws of Ukraine. However they should communicate with Ukrainian Patent Office (UPO) only through registered Patent Attorneys of Ukraine.