New Rules governing the filing and registration of trademarks have recently come into force in Ukraine. They are now harmonized with the provisions of the Singapore Treaty and the Protocol Relating to the Madrid Agreement as well as are more aligned with EU standards as set forth in the European Union-Ukraine Association Agreement.
Kateryna Drobysheva, head of the IPSTYLE Brand, Design and Copyright Management Practices, analyzed the document and highlighted the key changes:
Application Requirements:
From now on, it is required to provide more information about the applicants when submitting a trademark application, namely:
- individuals are required to provide the following additional data: date of birth, identity document details, etc. This information will not be publicly available in open registers. It is used to verify that the applicant is not affiliated with an aggressor state and to check for any imposed sanctions.
- foreign legal entities are now also required to provide their company registration numbers.
Expanded Trademark Registration Options
The scope of trademark registration has been broadened. In addition to verbal and figurative trademarks, applicants can now register three-dimensional, sound, positional, ornamental, motion, holographic, and multimedia marks. This important change enables better protection for a wider range of business features that differentiate them from competitors.
Disclaiming Non-Original Trademark Elements
Applicants can now disclaim parts of a trademark that are not original at the application filing stage. This practice is already widespread in different countries of the world.
Introduction of Recusal Procedures for the Ukrainian IP Office Examiners
A procedure for recusal or self-recusal of the IP Office examiner has been established. This applies if the examiner has a vested interest in the examination results, is a family member or close relative of the applicant, or is conducting a re-examination following a cancellation of the Office's decision by the Appeals Chamber.
These changes will undoubtedly impact the development of the Ukrainian IP sphere, thus we anticipate interesting practical cases emerging from these updates.
IPSTYLE Brand, Design and Copyright Management Practices
If you are interested in trademark registration in Ukraine, please feel free to contact us.