Opposing a Trademark Application in Ukraine


An opposition is a procedure in which a person attempts to prevent a pending trademark application from being registered. Many countries all over the world have some forms of opposition procedure towards trademark application filing. In different states its mechanisms are not the same. In some countries, such as the United Kingdom, the United States of America or New Zealand, trademark application should be obligatory published, so the third persons could oppose it. Such procedure simplifies the process of finding undesirable trademark applications for registration.

Recently the publication of trademark applications was implemented into Ukrainian trademark registration system. Under Ukrainian legislation applications are published after formal examination. Any person has a right to file an opposition against an application on a trademark registration to the expertise department after paying fee in the amount of 40 USD. The opposition will be considered if it is received by the department not later than five days before the date the State Service of Intellectual Property of Ukraine (further — the Service) gives a decision towards the application. The expertise department sends a copy of an opposition to an applicant. The applicant has a right to inform the department about his position concerning the opposition during two months after opposition receiving. He can contradict an opposition and leave his application unchanged, alter an application or withdraw it. The results of opposition consideration are stated in the decision of the Service. Its copy should be sent to the third person that filed an opposition.

In case of missing the term of opposition filing and following trademark registration, it can be cancelled through legal proceedings.



See also:
How to Register a Trademark
Trademark Watching
Granting of a Well-Known Trademark
Opposing a Trademark Application in Ukraine
Registration of Domain Names in Ukraine