Termination and cancellation of trademark certificate


 trademark
The issue of termination of a trademark certificate, including as a result of termination due to invalidation thereof, shall be regulated by the Section/Title 5 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services", Paris Convention for the Protection of Industrial Property, Madrid Agreement Concerning the International Registration of Marks, Madrid Protocol.

Termination of trademark certificate:
  • The certificate owner may withdraw it entirely or in part at any moment on the basis of an application submitted to the Patent Office of Ukraine.
  • The validity of the Certificate shall be terminated in the event of default of the fee for extension of its validity.
  • The validity of the Certificate shall be terminated by a court decision in connection with the conversion of the mark in the designation, which was commonly used as refer to goods and services of a certain type after the filing date.
  • If the mark is not used in Ukraine in whole or in part on the said goods and services in the Certificate within three years from the date of publication on the issuance of a certificate or other date after publication, any person may apply to the court for early termination of the certificate in whole or in part.

The Certificate may be revoked in the following cases:
  • Inconsistencies of the registered trademark with the provisions for legal protection;
  • Presence of image elements of the trademark in the certificate and the list of goods and services that did not exist in the application;
  • Certificate issue as a result of the filing of the violation of the rights of others.

A certificate may be declared invalid completely or partially by the courts.

See also:
What we need to know about Registration of Trademarks in Ukraine?
Opposing a Trademark Application in Ukraine
Outline of Grounds for Trademark Refusal in Ukraine
What we need to know about Registration of Trademarks in Russian Federation?