28 December, 2025

Trademark Registration Procedure in Ukraine 2025: Complete Step-by-Step Guide from A to Z

Insights

TM Registration in 2025: Your Complete Step-by-Step Guide

Trademark registration is not just about getting a “piece of paper”; it’s a strategic investment in protecting your most valuable asset – your brand. It’s your legal shield against unfair competitors and a foundation for future scaling, such as selling a franchise. The current trademark registration procedure in Ukraine for 2025 has its peculiarities, and this guide will meticulously detail each stage, from name verification to obtaining the certificate.

We will guide you through the entire process so you understand the logic behind the actions of experts and the agency. And for those who value their time and seek to avoid the risk of refusal, which could cost over a year of waiting, we offer a comprehensive solution – the service Trademark Registration from our lawyers. Now, let’s move on to the practical steps.

How to Register a TM Independently: Instructions and Risks

Many entrepreneurs consider applying independently, aiming to save money. This path is entirely real, but it hides many “pitfalls” that are unnoticed at the start. An incorrectly chosen class, an insufficiently verified name, or an error in documents can lead to inquiries from the office, delaying the process for months, or, in the worst case, to a final refusal. As a result, you lose not only state fees but also precious time. We detailed these risks in the article “How to Register a TM Independently: Instructions and Pitfalls“.

To avoid these problems, it is important to thoroughly complete three key preparatory stages: verifying the uniqueness of your designation, correctly choosing classes for goods/services, and flawlessly preparing the application. Professional support within the Trademark Registration service removes these risks from your shoulders, guaranteeing that the application will be prepared considering all nuances of legislation and office practice. Let’s examine each of these steps in more detail.

Step 1: Name and Logo Verification

Imagine waiting 1.5 years for registration, investing money in marketing, and then receiving a refusal because a similar brand already exists. Preliminary verification is a mandatory “insurance” against such a scenario. It’s important to understand the difference between two types of searches. A free search in the open databases of the Ukrainian National Office for Intellectual Property and Innovations (UkrNOIPI) only finds identical, i.e., 100% identical, already registered trademarks. In contrast, a deep professional analysis includes searching not only for registered trademarks but also for applications submitted for registration, and most importantly, checking for similarity to the point of confusion, which is the most common reason for refusals.

Expert Tip: UkrNOIPI’s examination assesses similarity based on three criteria: phonetic (sound), visual (graphic), and semantic (meaning). Even if the names are spelled differently, they can be deemed similar. For example:

  • Phonetic Similarity: «KavaLuxe» and «KavaLyuks» — sound identical, the risk of refusal is high.
  • Visual Similarity: The name «Starlight» with a five-pointed star logo will be similar to another brand with the same star, even if the name is different.
  • Semantic Similarity: Trademarks «Royal Standard» and «Tsarsky Etalon» for homogeneous goods (e.g., vodka) can be deemed similar because they appeal to the same idea of higher quality and status.

Only after ensuring that your name and logo are unique and do not infringe on the rights of third parties, can you proceed to the next stage — defining the scope of protection for your brand.

Step 2: Choosing classes of goods and services (Nice Classification)

After you have ensured the uniqueness of your designation, the next critically important stage is to determine what exactly it will protect. A trademark grants you the exclusive right to use a name or logo only for those goods or services that you specify in the application. For this purpose, there is the International Classification of Goods and Services (Nice Classification) — a single global reference that divides all commercial activities into 45 classes: 34 for goods and 11 for services.

Incorrect class selection is one of the most expensive mistakes one can make. Let’s consider two scenarios. The first is insufficient protection. You create a clothing brand and register it only in Class 25 (“Clothing, footwear, headwear”). A year later, you decide to produce branded bags, but it turns out that a competitor has already registered a similar name in Class 18 (“Leather, bags, suitcases”), and you can do nothing about it. The second scenario is unnecessary expenses. You open a coffee shop (Class 43) and “just in case” add Class 7 (“Machines and machine tools”), planning to produce coffee machines someday. You pay the fee for the additional class but never start production, effectively losing money. Every stage of trademark registration requires precision, and class selection is no exception.

Expert Tip: When choosing classes, think 5 years ahead. Ask yourself: how might your business expand? If you are launching an online educational course (Class 41), do you plan to eventually sell branded notebooks (Class 16) or develop a mobile application (Class 9)? Adding classes at the application stage is significantly cheaper and easier than filing a new application several years later. A correctly formed list is the foundation for your brand’s future growth. As part of our “Trademark Registration” service, we help find this ideal balance between robust protection and cost optimization.

Once you have determined the list of goods and services, you are ready for the final preparatory step — forming and submitting the package of documents to the office.

Step 3: Preparing and Submitting the Application to UkrNOIVI

This is the final stage of preparation, where technical accuracy is crucial. Any error in the documents can lead to an inquiry from the examination and delay the process for several months. Here’s what you’ll need to submit the application to the Ukrainian National Office of Intellectual Property and Innovation (UkrNOIVI):

  • Application for trademark registration of the established form.
  • Image of the designation, which you are registering (in 8×8 cm format, even for electronic submission).
  • List of goods and services, for which you seek protection, clearly grouped by the selected Nice Classification classes.
  • Document confirming payment of the fee for filing the application and conducting the examination.
  • Power of attorney for the representative, if you are acting through a patent attorney or lawyer.

Today, you have two ways to submit these documents. The first is paper-based: you prepare paper documents and submit them to the office in person or by mail. The second, more modern and advantageous, is electronic through the IP office system. Its main advantage is a 20% discount on all state fees, as well as immediate receipt of the filing date, which is important for establishing priority.

Most errors during self-submission occur in critically important fields of the application. For example, the applicant’s data (full name, legal entity name, address, EDRPOU/RNOKPP code) must be specified with absolute accuracy, down to the last comma, as in state registers. Any discrepancy will lead to an inquiry. It is also important to remember that the image of the mark you submit is final – it cannot be changed after the application is filed.

A correctly prepared and submitted application is the starting point of the entire process. However, before we delve into what happens next, it’s important to dispel a common legal myth related to the very essence of brand protection.

“To Patent a Name”? Debunking Legal Myths

After you’ve completed the preparatory stages, it’s time to delve into the terminology, as the query “how to patent a name in Ukraine” is one of the most popular, yet legally incorrect. The confusion between a trademark and a patent is not merely a formality. Using the wrong protection tool can leave your main asset — your brand or technology — completely vulnerable. Legal literacy here is key to building a robust system for protecting your intellectual property.

Understanding the difference allows you to clearly define what exactly you want to protect: the uniqueness of your brand or the innovativeness of your invention. We discussed this common mistake in more detail in the article “To Patent a Name”: Why It’s a Mistake and How to Properly Protect a Brand. Now, we’ll lay everything out clearly so you can confidently navigate these concepts and choose the right strategy. First, we’ll compare these two objects, then we’ll examine what a trademark truly protects, and provide clear scenarios for when you need a patent and when you need trademark registration.

Trademark vs. Patent: What’s the Difference?

The key difference between a trademark and a patent lies in the object and purpose of protection. To help you fully understand what you need and avoid mistakes, we have prepared a clear comparison table. It will help you understand why choosing the right tool is fundamental for the successful protection of your intellectual property within any procedure, including the complete process of trademark registration in Ukraine 2025.

Criterion Trademark Patent
Object of Protection Designation identifying a brand: name, logo, slogan, sound, color, packaging shape. Technical or artistic-design solution: invention (device, method), utility model, industrial design (design).
Purpose of Protection Individualization of goods/services. To help consumers distinguish your product from competitors’ products. Granting a monopoly on the use of technology. To prohibit others from manufacturing, using, and selling your solution.
Term of Validity 10 years from the filing date. Can be renewed an unlimited number of times, each time for 10 years. Usually 20 years for an invention and 10 for a utility model. Renewal is generally not possible.
Territory of Validity Valid only in the country where registration is obtained (e.g., Ukraine). Separate procedures are required for international protection. Valid only in the country where the patent is obtained. The principle of territoriality is similar to TM.

As you can see, these are two completely different legal instruments that solve different business tasks. Now that we have differentiated these concepts, let’s delve deeper into the specific power a registered brand holds.

What Does a Trademark Actually Protect?

While a patent protects the essence of a product (how it works or looks), a trademark is about its “face” and reputation. Its main function is to be a unique identifier that, in the consumer’s mind, is strongly associated with your company, quality, and values. It is a communication bridge between you and your client. That is why legislation allows for the registration of various designations capable of performing this distinguishing function.

The most common types of trademarks include:

  • Word Marks: These are names and slogans, for example, «Rozetka» or «Nova Poshta». This is the most popular type of TM, as the name is the core of the brand.
  • Figurative Marks: These are logos, emblems, and corporate characters. A striking example is Apple’s bitten apple, which is instantly recognizable even without any words.
  • Combined Marks: A combination of text and graphics, as in the «Kyivstar» logo, where the company name is combined with a distinctive graphic element. This type provides comprehensive protection.
  • Other (less common): Modern law also recognizes non-traditional marks which, nevertheless, can be powerful branding elements. For example, a sound mark — a short jingle or melody (the characteristic Netflix startup sound), or a color mark — a specific shade of color associated with a brand (like Fanta’s signature orange).

Understanding which element of your brand is key helps to properly formulate a protection strategy. Now, knowing what can be protected, it is much easier to determine which tool you need in a specific situation.

When is a patent needed, and when is trademark registration?

To solidify your understanding, let’s consider a few practical scenarios that will help you identify your needs and choose the right path to protection.

  • Scenario 1: Tech Startup. You’ve developed a unique algorithm for photo processing and created a mobile application based on it. What to do? You need an invention patent to protect the algorithm itself, ensuring no one can legally copy your technology. Simultaneously, you need Trademark Registration for the app’s name and its icon to protect the brand from clones in the App Store and Google Play.
  • Scenario 2: Craft Product Manufacturing. You’ve invented a new way of curing meat that gives it a unique taste, and you plan to sell it under the brand “Carpathian Delicacy”. What to do? The new production method can be protected by an invention patent. The name “Carpathian Delicacy” and the label design must be registered as a trademark.
  • Scenario 3: Online School. You’re launching educational courses under the original name “Projector” and have developed a recognizable logo. What to do? There’s no technological innovation here. Your main asset is the brand that attracts students. Therefore, your sole and primary tool is trademark registration for the name and logo.

Thus, a patent and a trademark do not exclude each other but often complement one another, creating multi-layered protection for your business. Now that you clearly understand which intellectual property object requires protection, it’s time to move on to a detailed examination of its registration procedure.

Stages of TM Registration: Detailed Checklist from Application to Certificate

So, you’ve grasped the terminology and prepared a flawless application. From the moment it’s filed with the Ukrainian National Office for Intellectual Property and Innovation (UNOIPI), the longest stage begins — its examination. This is a multi-stage process that takes place ‘behind the scenes’ of the office and requires patience. Your application will go from a technical check to an in-depth substantive analysis before a final decision is made. Understanding this journey will help you realistically assess timelines and know what to expect at each step.

The current trademark registration procedure in Ukraine for 2025 involves three key stages of examination. We will break down each of them into atoms so you can clearly understand what happens with your brand after clicking the ‘Submit’ button. You can read more about the entire lifecycle of an application in our separate article ‘Stages of Trademark Registration: Detailed Checklist from Application to Certificate‘. Next, we will examine where this journey begins — with a formal examination.

Stage 1: Formal Examination

After your application is assigned a number and a priority date is established, it proceeds to formal examination. Imagine it as a thorough “passport control” check: the examiner does not analyze the uniqueness of your name, but only verifies whether all documents are correctly filled out and whether formal requirements are met. At this stage, the presence of all necessary components is checked: whether the applicant’s data is correctly indicated, whether there is a document confirming the payment of the fee, and whether the goods and services are correctly classified.

If the examiner finds an inaccuracy, you will receive a “formal examination request”. This is an official letter from UkrNOIVI requesting clarification or correction of errors. The most common reasons for requests are discrepancies in the applicant’s address, absence of a receipt for the payment of the fee, or errors in the power of attorney for the representative. You typically have two months to respond. Ignoring the request or providing an incorrect response may result in the application being considered not filed. Only after successfully passing this technical filter does your application move on to the most crucial stage.

Stage 2: Substantive Examination

This is the heart of the entire registration process — the most crucial and longest stage, lasting on average 10-16 months. Here, the department’s expert conducts a substantive analysis of your designation, checking its compliance with the requirements of the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”. This is where the fate of your brand is decided. The examination proceeds in two key directions:

  • Absolute grounds for refusal. These are the internal characteristics of the designation itself. The expert checks whether your name is descriptive (for example, “Sweet Candies” for confectionery products), whether it misleads the consumer (for example, “Lviv Coffee” for coffee grown in Vietnam), or whether it contradicts public order and morality.
  • Relative grounds for refusal. This is a check for conflict with third-party rights. The expert searches among already registered and previously filed trademarks to ensure that your designation is not identical or confusingly similar to them. It is at this stage that the value of a thorough preliminary check becomes evident.

The risk of receiving a refusal at the substantive examination stage is the highest. Professional preparation of the application within the “Trademark Registration” service plays a key role here, as lawyers analyze all potential risks in advance and develop a strategy to avoid them. If the examination finds no grounds for refusal, your application moves to the final straight.

Stage 3: Decision, Publication, and Certificate

After successfully passing the most complex stage of qualification examination, your application enters the final stretch. You receive the long-awaited positive decision on trademark registration from UkrNOIVI. This means that the office found no obstacles to granting legal protection to your brand.

From the moment you receive this decision, you have three months to make two final payments: the state fee for issuing the certificate and the fee for publishing registration details. After payment is received, UkrNOIVI publishes information about your trademark in the official bulletin “Industrial Property.” It is from the date of this publication that your trademark receives full legal protection. This is a key moment from which you gain the exclusive right to prohibit others from using your brand. The last step is obtaining the certificate, which today is primarily issued electronically and is an official document confirming your rights.

Now that you know all stages of trademark registration, from application submission to obtaining the certificate, the main question arises for any entrepreneur: how long does this whole process actually take?

How Long Does TM Registration Take in Ukraine: Realities of 2025

Having gone through all the stages from application submission to receiving a positive decision, you undoubtedly ask the main question: “How long does trademark registration take in Ukraine?”. It’s important to immediately prepare yourself that this is a marathon, not a sprint. Expectations of an instant result or “fast TM registration in Ukraine”, which existed previously, are unrealistic in 2025. The current practice of the Ukrainian National Office of Intellectual Property and Innovations (UkrNOIPI) indicates that the standard procedure takes more than a year.

To help you clearly plan your business processes, we will break down the standard timelines for each stage and separately focus on factors that can significantly prolong the process. Understanding these nuances will help avoid common mistakes that cost months of waiting. For an even deeper analysis, we have prepared detailed material “How Long Does Trademark Registration Take in Ukraine: Calculation of Terms“. Next, we will look at specific figures that you should keep in mind.

Standard Procedure: Estimated Timelines

Forget the myths about registration in a few months — today it’s impossible. The current procedure for trademark registration in Ukraine in 2025 entails a total waiting period of 12 to 18 months from the moment of application submission. This time is necessary for agency experts to conduct thorough checks and comply with all procedural requirements.

To help you better understand how this time is distributed, we have prepared a table with estimated timelines for each key stage of your application review.

Estimated Timelines for Each Stage of TM Registration
Procedure Stage Minimum Period Maximum Period
Formal Examination 2 months 4 months
Substantive Examination 10 months 16 months
Decision, Fee Payment, and Publication 2 months 3 months

It is important to understand that these timelines are approximate and reflect an ideal scenario where the application has no issues. However, in practice, factors exist that can significantly influence these periods and prolong the process.

What Can Delay the Registration Process?

Even perfectly calculated timelines of 12-18 months can turn out to be too optimistic if obstacles arise on the path of your application. There are several key factors that can «freeze» the process indefinitely, turning the wait into a real test for a business.

  • Requests from the office (UkrNOIVI). This is the most common reason for delays. If an expert finds errors in documents, inaccuracies in the classification of goods, or any other formal shortcomings, they send a request. This halts the review of your application until you provide a comprehensive response. Preparing a correct response and its subsequent review by an expert can add 3 to 6 months to the overall timeline.
  • Objections (oppositions) from third parties. After the publication of information about your application, any interested party may file an objection against its registration if they believe that your brand infringes upon their rights. This initiates a complex objection review procedure that can last over a year and ultimately lead to a refusal of registration.
  • Errors in the initial application. Incorrectly specified EDRPOU code, an error in the address, incorrectly paid fee — any of these, at first glance, minor details are guaranteed to lead to a request from the examination. Each such error means lost months.

That is why professional document preparation as part of the «Trademark Registration» service aims to eliminate these risks from the outset. Our experience allows us to foresee potential problems and submit an application that will pass examination as smoothly as possible and without unpredictable pauses. Understanding that the standard path is long and risky, many entrepreneurs recall the possibility of «accelerating» the process, but here an important legal nuance awaits them.

Expedited TM registration: why this service is no longer available

We have come to a question that still causes much confusion: expedited trademark registration. Perhaps you have heard from colleagues or read on old forums that a certificate could be obtained in less than a year. This is true, but the keyword here is “could”. Today, this service is unavailable, and any offers to “expedite” registration for an additional fee are either a misunderstanding of the law or a deliberate misleading.

To give you a complete and clear understanding of the situation, we will dispel this myth once and for all. First, we will delve into history and explain how the expedited procedure worked previously. Next, we will explain what legislative changes led to its cancellation. And finally, we will discuss the only real alternative that allows optimizing terms in modern realities. A detailed analysis of these changes can also be found in our article “Expedited TM registration: why this service is no longer available in Ukraine?”. And now, let’s look at how everything was arranged before.

History of ‘Expedited Process’: How It Worked Before

Until August 2020, Ukrainian legislation indeed provided an official opportunity to significantly reduce the processing times for a trademark application. This was not some unofficial arrangement, but a fully legal service provided by the then-current agency (Ukrpatent) based on approved tariffs. The applicant could pay an additional, significantly higher state fee for their application to be considered outside the general queue.

Thanks to this option, instead of the standard 18-24 months at that time, it was possible to obtain a TM registration certificate in 7-9 months. This was critically important for businesses that planned a quick market entry, a franchise launch, or needed a registered mark to protect a .UA domain name. The examination procedure essentially did not change, but thanks to the additional payment, it started almost immediately after filing the application. However, this practice remained in the past, and it is important to understand the reasons for such radical changes.

Why Was the Accelerated Procedure Abolished?

The abolition of the accelerated procedure was not merely a technical change, but a conscious step towards building a more transparent, fair, and reliable intellectual property protection system. This decision was based on several key reasons that transformed the Ukrainian trademark registration procedure in Ukraine 2025 into one that aligns with European standards.

Firstly, it is the harmonization of legislation with European Union norms. In most EU countries, there is no practice of “paid acceleration,” as the priority is the equality of all applicants before the law and the thoroughness of examination. Secondly, it is the provision of higher quality examination. A constant stream of “urgent” applications created excessive workload for examiners and increased the risk of errors, which could lead to the registration of weak or conflicting trademarks. The standard term allows for a deep analysis of each application. Thirdly, it is the elimination of unequal conditions. The possibility of acceleration created advantages for companies with larger financial resources, while small businesses and startups were forced to wait in the general queue. Now, the success of registration depends on the uniqueness of the brand and the correctness of the documents, not on the size of the budget.

Thus, these changes should be perceived not as a complication, but as an evolution of the system towards greater reliability. Although official “acceleration” no longer exists, this does not mean that you cannot influence the processing times of your application by choosing the right strategy from the start.

Alternatives to ‘Expedited’ Registration Today

In the absence of an official expedited service, the only way to optimize timelines today is to avoid any delays. In other words, the best alternative to ‘fast’ registration is a perfectly prepared and submitted application on the first attempt, which will give the examination no reason for inquiries or clarifications. This is a proactive approach that transforms the standard procedure into the most effective one.

This means that before submission, it is necessary to conduct a thorough similarity search, ideally select Nice Classification (NCL) classes considering future business development, flawlessly complete every field of the application, and correctly pay all fees. Any inaccuracy is a guaranteed delay of at least 3-4 months. Achieving this level of preparation without significant experience is extremely difficult, as it requires knowledge not only of legal requirements but also of the internal practices and logic of UkrNOIVI experts.

That is why the most effective path is to engage professionals. Our Trademark Registration service is not about ‘expediting’ but about eliminating the risks of process delays. We guarantee that your application will pass examination as smoothly as possible, as we take on all preparatory work and communication with the office. This approach transforms registration from a lottery into a manageable process, and this is the foundation for protecting your main business asset.

Your Trademark is an Asset. Protect It Professionally

Your trademark is not just a name; it’s capitalized reputation and a key business asset. As you’ve seen, the current procedure for trademark registration in Ukraine in 2025 is a marathon, not a sprint, and impeccable preparation is the key to success. Investing in professional legal support today is a direct saving of your time, money, and nerves in the future, as well as a guarantee that your brand will receive a reliable legal shield.

Don’t risk your brand by trying to navigate this complex path alone. Get a free consultation and cost calculation for registering your TM from the lawyers at Polikarpov Law Firm by ordering the ‘Trademark Registration’ service on our website.

Frequently Asked Questions

How to protect your trademark abroad after registration in Ukraine?

Registering a trademark in Ukraine grants you exclusive rights to that brand only within the territory of Ukraine. If your business plans to enter international markets, expand operations, or export products, it is crucial to ensure international trademark protection. There are several main ways to do this:

  • International Registration System (Madrid System): This is the most popular and convenient method, administered by the World Intellectual Property Organization (WIPO). It allows you to file a single application in one language and pay one set of fees to obtain protection in any of over 120 participating countries of the Madrid Agreement and its Protocol. For this, you need a basic registered trademark or a pending application in Ukraine. The advantage of the system is centralized management and the ability to expand the scope of protection over time. The disadvantage is its dependence on the basic application/registration for the first 5 years.
  • Regional Registration Systems:
    • European Union Trademark (EUTM): If you plan to operate in the EU market, filing a single application with the European Union Intellectual Property Office (EUIPO) will provide protection immediately in all 27 EU member states. This is an efficient and cost-effective option for the European market.
    • Other regional systems exist for Africa (OAPI, ARIPO), but they are less relevant for Ukrainian businesses.
  • Direct National Registration: This path involves filing separate applications directly with the national intellectual property offices of each country where you need protection. This may be advisable if you plan activities in only a few countries that are not members of the Madrid System, or if for some reason the Madrid System is not suitable for you (e.g., to avoid dependence on the basic registration).

Strategic Considerations: The choice of the optimal path depends on your business goals, budget, and geographical expansion. It is always recommended to conduct a preliminary search in target countries to minimize the risk of refusal. Legal support at this stage is critically important, as international laws and procedures can vary significantly.

What actions should TM owners take to effectively protect their rights after obtaining a certificate?

Obtaining a trademark certificate is just the beginning. For your brand to be reliably protected and for you to effectively exercise the granted rights, a number of active steps must be taken. Inactivity can lead to brand dilution or loss of its uniqueness.

  • Active Market Monitoring: Regularly track the use of similar or identical designations by competitors, especially in your field of activity. This applies to both physical products/services and online presence (social networks, domain names, marketplaces). There are specialized monitoring services and legal companies that can provide such services.
  • Registration on Marketplaces and in Customs Registers:
    • On major online platforms (Amazon, Rozetka, etc.), register your TM in their brand protection programs. This will allow for faster reactions to attempts to sell counterfeit products.
    • Including your trademark in the Customs Register of Intellectual Property Objects will allow customs authorities to detain goods with signs of intellectual property rights infringement at the border.
  • Responding to Infringements:
    • Cease and Desist Letters: If an infringement is detected, the first step is often to send an official cease and desist letter to the infringer demanding they stop using your TM.
    • Pre-trial Settlement: In some cases, compensation can be agreed upon or a license agreement can be concluded.
    • Judicial Protection: If pre-trial methods have not worked, you have the right to file a lawsuit to stop the infringement, recover damages, or obtain compensation.
  • Use of Warning Markings: Using the symbols ® (for a registered TM) or ™ (for an unregistered but used TM) next to your designation informs third parties about your status as the rights holder, which can deter potential infringers.
  • Timely Renewal: Remember the need to renew the certificate every 10 years. A missed deadline can lead to loss of rights (see a separate question about renewal).

Effective trademark protection requires a proactive stance and, often, the help of experienced intellectual property lawyers who can help develop a protection strategy and respond to potential threats.

What general costs should be considered when planning trademark registration?

The cost of trademark registration in Ukraine is one of the key expenditure items for entrepreneurs, and it consists of several components. It is important to understand that this is an investment in protecting your business, not just an expense.

  • State fees (mandatory payments to UkrNOIVI): These are payments made to the state budget for actions related to the examination and registration of your application. Their amount is fixed by law but may vary depending on several factors:
    • Application filing and examination fee: The basic fee covers the filing of one TM for one class of goods/services.
    • Fee for each additional Nice Classification class: If you protect the TM in several classes (which is usually the case), an additional fee is paid for each subsequent Nice Classification class.
    • Certificate issuance fee: Paid after receiving a positive examination decision.
    • Publication fee: Paid along with the certificate issuance fee.
    • Electronic filing: When filing an application online through the IP office system, a 20% discount is provided on all state fees.
    • Additional fees: May arise for amending the application, expedited review of examination requests (although the expedited TM registration procedure has been cancelled, responses to requests may be reviewed faster for an additional fee).
  • Cost of professional services (lawyers’/patent attorneys’ fees): This is the fee for the services of specialists who accompany the registration process. These services are crucial for avoiding errors and optimizing the process:
    • Preliminary check of the name and/or logo: A thorough professional search for identity and similarity is a key stage for assessing the chances of successful registration and identifying potential conflicts.
    • Selection of Nice Classification classes: Specialists will help optimally select classes, considering the current and future needs of your business, avoiding both insufficient protection and unnecessary expenses.
    • Preparation and filing of the application: Includes correct completion of all forms, formation of a complete package of documents, and correct payment of fees.
    • Correspondence with UkrNOIVI: Responses to examination requests, filing objections, monitoring the progress of stages.
    • Obtaining the certificate.
  • Other possible expenses: Translation of documents (for foreign applicants), notarization of power of attorney, representation of interests in the Appeals Board (in case of opposition or refusal).

Since the amount of state fees depends on the number of classes and the type of applicant (individual/legal entity), and the specialists’ fees depend on the scope and complexity of the work, the exact cost is always calculated individually. It is always recommended to get a detailed quote from a law firm before starting the registration process.

What is the procedure for renewing the validity of a trademark certificate?

A trademark in Ukraine is registered for 10 years from the filing date. However, unlike patents, the validity period of a trademark certificate can be renewed an unlimited number of times, each time for another 10 years. This allows the owner to retain exclusive rights to their brand as long as it remains in active use and has commercial value.

  • Application deadlines for renewal:
    • An application for the renewal of the certificate’s validity period must be submitted to the Ukrainian National Office of Intellectual Property and Innovations (UkrNOIPI) within the last 6 months of the current 10-year term of the certificate.
    • For example, if the certificate was issued on June 15, 2015, its validity expires on June 15, 2025. An application for renewal can be submitted from December 15, 2024, to June 15, 2025.
  • Grace period: If you missed the main filing deadline, the legislation provides for an additional 6 months after the expiration of the certificate’s validity period. However, filing an application during this grace period incurs an additional fee of 50% of the state renewal fee.
  • Required documents and actions:
    • An application in the prescribed form for the renewal of the certificate’s validity period.
    • A document confirming payment of the state renewal fee.
    • Power of attorney for a representative, if the application is filed through a lawyer/patent attorney.
  • Consequences of non-renewal: If the certificate is not renewed within either the primary or grace period, its validity ceases. This means that the trademark becomes free for use by any person, and you lose your exclusive rights. Your name or logo may be registered by other companies, and you will not be able to oppose them.
  • Importance of monitoring: To avoid losing rights, it is crucial to timely track the validity periods of your certificates. Many legal firms provide monitoring and renewal reminder services.

Timely renewal is key to the continuous protection of your brand and the preservation of its market value.

What to do if UkrNOIVI refused to register a trademark?

Despite thorough preparation and prior search, sometimes the Ukrainian National Office of Intellectual Property and Innovations (UkrNOIVI) issues a decision for full or partial refusal of trademark registration. It’s important to understand that this is not the end, and you have several opportunities to appeal or adjust the situation.

  • Analysis of the reasons for refusal: The first and most important step is a thorough analysis of UkrNOIVI’s official decision. It must clearly state the grounds for refusal, references to relevant legal norms, and, if necessary, to similar designations. The reasons can vary: from similarity with already registered TMs to non-compliance with absolute grounds for refusal (descriptive nature, misleading, etc.).
  • Filing a reasoned response/objection:
    • If the refusal is preliminary (the so-called “provisional refusal” or “substantive examination request”), you have the right to submit a reasoned response, refuting the expert’s arguments. For this, typically 2-3 months are provided. The response can present counterarguments, provide evidence of lack of similarity, prove the acquisition of distinctiveness by the designation (if it is descriptive), or propose limiting the list of goods/services.
  • Appeal to the UkrNOIVI Appeals Chamber:
    • If you have received a final decision of refusal, or if your response to a provisional refusal was rejected, you have the right to file an objection with the UkrNOIVI Appeals Chamber. The deadline for filing such an objection is typically 3 months from the date of receipt of the decision.
    • The Appeals Chamber is a quasi-judicial body that considers the dispute on its merits, examining the arguments of the applicant and the expert. The review can take from 6 months to a year.
  • Judicial appeal: If the Appeals Chamber rejected your objection, you have the option to appeal its decision in court. This is the most complex and lengthy procedure, requiring serious legal preparation.
  • Re-filing the application: In some cases, if the reasons for refusal are fundamental and cannot be overcome through appeal, it may be more advisable to modify the designation (change the name, logo) or review the list of ICGS classes and file a new application. This can save time and resources that would be spent on a lengthy and unpromising appeal.

In any case, receiving a refusal requires immediate consultation with an experienced intellectual property lawyer. A specialist will help assess the prospects of an appeal, formulate effective arguments, and choose the optimal strategy for protecting your rights.

Resources
Rating

0 / 5. 0

Leave a Reply

Your email address will not be published.

*

Contact us
We will find the best solution for your business

    Thank you for your request!
    We will contact you within 5 hours!
    Image
    This site uses cookies to improve your experience. By continuing, you agree to our Privacy Policy.

    Privacy settings

    When you visit websites, they may store or retrieve data in your browser. This storage is often required for basic website functionality. Storage may be used for marketing, analytics and site personalization purposes, such as storing your preferences. Privacy is important to us, so you can disable certain types of storage that may not be necessary for the basic functioning of the website. Blocking categories may affect the performance of the website.

    Manage settings


    Necessary

    Always active

    These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set in response to actions you take that constitute a request for services, such as adjusting your privacy settings, logging in, or filling out forms. You can set your browser to block these cookies or notify you about them, but some parts of the site will not work. These cookies do not store any personal information.

    Marketing

    These elements are used to show you advertising that is more relevant to you and your interests. They can also be used to limit the number of ad views and measure the effectiveness of advertising campaigns. Advertising networks usually place them with the permission of the site operator.

    Personalization

    These elements allow the website to remember your choices (such as your username, language or region you are in) and provide enhanced, more personalized features. For example, a website may provide you with local weather forecasts or traffic news by storing data about your current location.

    Analytics

    These elements help the website operator understand how their website works, how visitors interact with the site and whether there may be technical problems. This type of storage usually does not collect information that identifies the visitor.