A trademark is any sign, capable of distinguishing the goods or services of one manufacturer from those of other manufacturers, including:
- figurative elements;
- three-dimensional and other signs, or a combination thereof made in any colour or a combination of colours.
A certificate shall be valid within ten years. The registration of a trademark shall be renewable indefinitely for a term of no more than ten years.
An application shall be made out in the Ukrainian language and shall include:
- request for registration of a trademark;
- description of a trademark to be registered;
- list of goods and services in respect of which a trademark is to be registered;
- classes of goods according to the International Classification of Goods and Services;
A substantive examination is conducted by the Patent Office without a request of an applicant.
A certificate is granted within one month after a trademark has been registered in the State Register.
The rights derived from the registration of a trademark enter into force from the date of filing an application. The practical use of the rights derived from the registration of a trademark is possible from the date of registration of a trademark.
The rights to a trademark loose their effect:
- from the date of publication of the mention of the tradn from the date of publication of the mention of the trademark owner's declaration of complete or partial withdrawal of a certificate;
- from the first day of a certificate validity, for which a fee has not been paid, i. e. in case of non payment of the fee for the renewal of a certificate;
- in case of non-use in Ukraine within three years from the date of publication of the mention of the grant of a certificate (by a decision of a Court).
The rights to a trademark may be declared null in full or in part in the case when:
- a trademark does not comply with the terms of protection;
- a certificate includes elements of a trademark representation and a list of goods and services which were not present in an application as filed.
A registration of a trademark may be declared null by the court only
Disputes relating to the infringement of rights to a registered trade mark shall be heard by courts pursuant to the provisions of the present law, as well as the legislation of the Ukraine on unfair competition