The IPSTYLE team discovered that Eurocash S.A.’s entry into the Ukrainian market could be hindered by a similar trademark that had already been registered in Ukraine. However, it was determined that the trademark had not been used by its owner for over five years. As a result, the IPSTYLE team initiated court proceedings to cancel the trademark registration, which led to a successful outcome — the claim was satisfied.
Moreover, this case became particularly significant for IPSTYLE, the legal community, and business owners, as it resolved a previously controversial issue in Ukrainian judicial practice: "Does the five-year non-use period of a trademark reset when ownership changes?" The case reached the Supreme Court’s Grand Chamber, which, in its ruling dated March 5, 2025 (case № 910/8781/23) concluded:
"The relevant provisions of Article 198 of the Association Agreement and Part 4 of Article 18 of Law № 3689-XII should be interpreted as follows: the registration of a trademark may be prematurely terminated if it has not been used in Ukraine for a continuous five-year period with respect to the goods or services for which it is registered, and there are no valid reasons for such non-use. The calculation of this five-year period is not affected by a change in the trademark owner (or authorized user)."
