Amidst the ongoing full-scale war in Ukraine since February 24, 2022, both IPSTYLE and the Ukrainian IP Office have continued their work uninterrupted. Meanwhile, the martial law conditions led to some changes in Ukrainian IP legislation and the Office's operation.
Key IP Updates and New Opportunities in Response to the War
- Paperless IP Office
Beginning on March 2022, the Ukrainian IP Office has streamlined document requirements. The need for originals is eliminated since all documents (e.g., powers of attorney, assignment agreements, etc.) can be filed electronically and thus greatly simplifies and speeds up each process of registration or recordal.
- IP Deadlines under Martial Law
Martial law in Ukraine was enforced on February 24, 2022, and currently remains at least until November 15, 2023.
On April 01, 2022, the Ukrainian Parliament passed the Law "On the Protection of Rights of Intellectual Property Subjects during Martial Law in Connection with Military Aggression of the Russian Federation Against Ukraine". This legislative act clarified the impact of martial law on IP deadlines, retroactively applying from February 24, 2022. According to it, terms related to IP rights' protection or acquisition are suspended, and most IP deadlines are extended up to 90 days from the cancellation of martial law. This law extends the opportunity for IP-related actions (e.g., oppositions, office actions, renewals or maintenance, etc.) after official deadlines without applying any extra fees.
However, the suspension of deadlines does not apply to the regular actions of the Ukrainian IP Office, and the Office operates in a timely manner. Therefore, IPR holders and applicants are advised to invoke this law only in force majeure or exceptional circumstances.
- Ban of Z and V symbols in Trademarks
On May 22, 2022, the Ukrainian Parliament enacted the law prohibiting the use of:
- Latin letters “Z”, “V” separately (without a legal context or in the context of justifying the armed aggression against Ukraine and other military actions) or by replacing these letters with the Cyrillic letters "З", "С", "В", "Ф" or other letters in separate words with a visual emphasis of the latter;
- symbols of the armed forces of the Russian Federation, other armed formations, and (or) bodies of the terrorist state (aggressor state).
The cited ban may serve as an absolute ground for refusal in trademark registration. However, this prohibition does not apply to trademark applications filed before February 24, 2022, or to trademarks registered or recognized as well-known by that date.
Insights into Ukrainian IPO and Personal IPSTYLE Statistics
Despite the ongoing war, both IPSTYLE and the Ukrainian IP Office have maintained seamless operations. The IP Office is actively accepting new IP applications with further examination procedures, publishing decisions, and performing other related actions. Below, we present some supporting statistics.
Ukrainian IPO Statistics
In 2022, the Ukrainian IP Office accepted 28 971 IPR applications, including
- more than 2 700 invention applications;
- about 2 400 utility applications;
- 819 design applications;
- 23 014 trademark applications.
During the first half of the 2023 year, the Office has already accepted over 16 500 IPR applications, indicating substantial growth in applying activity compared to the same period in 2022.
Meantime, the work of IPSTYLE for the same period of Jan 01, 2022 - Jun 30, 2023, can be reflected by the following figures:
- 497 trademark applications filed, including national, international, and EUTM applications;
- 88 applications for inventions, utility models, and designs filed;
- 99 copyright certificates and copyright agreements registered, including 28 in the USA.
Beyond IP prosecution, the IPSTYLE team is dedicated to the enforcement of intellectual property rights. During the above-mentioned periods, we represented clients in about 30 legal disputes before Ukrainian courts of first, appeal, and cassation instances.
International Recognition of IPSTYLE Expertise by Worldwide IP Rankings
IPSTYLE's international reputation as a top Ukrainian law firm in intellectual property remains strong. During these times, our team members have been acknowledged by prestigious world IP rankings:
- Chambers and Partners
- The Legal 500
- IP STARS from Managing IP
- IAM Patent 1000, WTR 1000
- WWL IP from Who's Who Legal.
Ukrainian Integration into the EU: Current Updates
Obviously, the world’s recognition and support are extremely necessary for Ukraine now. After all, despite the war, our country continues its path to the European Union. To become an EU member in the future, Ukraine has undertaken, in particular, to amend its legislation in order to meet the European Union standards, including in the IP sphere. According to EU officials, our state has already implemented roughly 70% of the EU acquis.
Considering that our country has clearly demonstrated its determination to live up to European values and standards, on June 23, 2022, the European Council granted Ukraine the status of a candidate for accession to the EU.
IPSTYLE team fully supports all the European integration aspirations of our country and thus, in 2022, we have launched the EU trademark practice by assisting our national and international clients with prosecution trademark matters.
So, we stay at your disposal for any questions you may have or any IP assistance you may need in the European Union and, of course, Ukraine. Just contact us at email@example.com