Recently, new rules for registering trademarks in Ukraine came into force.
These rules establish requirements for documents and the procedure for filing a trademark application, an application for international trademark registration and conducting an examination of a trademark application, international trademark registration with extension to Ukraine, and the application of grounds for refusal to grant legal protection to a trademark.

What has changed?

Specific types of trademarks have become available for registration, including positional, ornamental, motion, multimedia, as well as color as such and color combinations. Such trademarks can be submitted for registration using MP3 and MP4 multimedia formats.

New requirements for using colors have appeared: in addition to indicating the color's name it is necessary to indicate its number according to an internationally recognized color identification system, such as the Pantone Matching System, RAL, Focoltone color scale.

A non-exhaustive list of grounds for determining a trademark as contrary to public order and generally recognized principles of morality is provided.

A disclaimer is provided, i.e. the removal of certain elements of a trademark from legal protection. This makes it possible to determine some words as commonly used, generic or descriptive, not requiring protection.

Additional information is required from the applicant: identity documents for individuals, and registration numbers for foreign legal entities.

The Rules also establish:

• a detailed procedure for submitting and examining electronic applications,
• the procedure for verifying the fact of the application of special economic and other restrictive measures (sanctions) to the applicant or the applicant's state, as well as the legal consequences of implementing sanctions;
• the procedure for refusing to register a trademark if the applicant is a person associated with an aggressor state.

The new rules take into account Ukraine's international and European integration obligations.

Generally, the Rules comply with the provisions of the Singapore Treaty and the Protocol to the Madrid Agreement. They implement EU standards stipulated by the Association Agreement between Ukraine and the EU, and consider certain provisions of the Acquis communautaire, which is of important European integration significance.

The Rules provide a new form of application for state trademark registration. The IP Office is carrying out technical preparations for accepting electronic applications under the new Rules through electronic application submission systems, and it is temporarily allowed to submit an application using the previous form. In the case of submitting an application using the previous form, additional information provided for in the new form will need to be sent to the IP Office in response to the examination notice.

How will this affect your business?

The changes open up new opportunities for protecting the unique elements of your brand. Positional or multimedia trademarks can emphasize the individuality of the brand and ensure its competitiveness.

To effectively use these innovations, it is important to properly prepare documents, take into account the new requirements for submitting applications, and ensure that the trademark meets the registration criteria.

Our team specializes in trademark registration, including new types provided for by law. We will help you at all stages - from preparing the application to obtaining a certificate.

Protect your brand today! Contact us for a consultation so that your business can benefit from new registration opportunities.