Registering a trademark in Ukraine: a complete guide

Registering a trademark is a fundamental step for any business looking to protect its uniqueness and build a strong brand. It grants you the exclusive right to use your logo, name or slogan, protecting you from unfair competition and copying. In this comprehensive guide, we will take a closer look at all aspects of trademark registration in Ukraine, from defining the concept to obtaining a certificate, as well as analyse common mistakes and international registration options.

Next, we will look at what a trade mark is and why its registration is so important.

Section 1: What is a trade mark and why should you register it?

Before diving into the details of the registration process, it is important to understand what exactly a trademark is and the benefits of its legal protection. In this section, we will look at the definition of a trade mark, how it differs from a trademark and the main reasons why you should invest in its registration.

Let’s start with the basic definition of a trade mark.

Subsection 1.1: Defining a brand

Imagine a world without brands. Store shelves are filled with identical goods, and consumers wander through a maze of nameless products. How to recognise your favourite coffee, high-quality appliances or a reliable service provider? That’s where comes in. Atrademark (TM) is a kind of lighthouse in a stormy sea of competition.

What does this term mean? Atrademark is any designation or combination of designations that can distinguish the goods and services of one company from those of other companies. It can be a laconic word, a bright logo, a melodic soundtrack, or even an unusual colour. The main thing is that trademark is unique and clearly associated with your brand.

There is often confusion between the terms “trade mark” and “trademark”. Although they are often used interchangeably, there is a nuance. According to Ukrainian law, a trademark is a designation used exclusively for goods, while a trade mark is a broader concept that covers designations for both goods and services.

It is important to understand that the trademark is not just a visual element or a name. It isa strategic asset that shapes your brand identity and helps you stand out from the crowd. It guarantees consumers a certain level of quality and allows them to easily identify your products among others. Atrademark is an investment in the future of your business, protecting you from unfair competition and helping to build your reputation.

In the following, we will look at the specific benefits of registering a trademark.

Section 1.2: The benefits of registering a trade mark

Registering a trademark is not just a bureaucratic procedure, but a strategic step that provides your business with a number of important advantages. Let’s take a look at the most important ones:

• Exclusive right of use: a registered trademark gives you the exclusive right to use it in connection with the goods and services for which it is registered. This means that no one else can legally use an identical or similar designation, preventing confusion among consumers and protecting you from unfair competition.
• Protection against copying: registering a trademark at gives you legal tools to combat counterfeiting and copying of your products. You can demand that infringers stop using your trademark and compensate you for any damages.
• Franchising opportunities: A registered trademark is a prerequisite for the development of a franchise network. It allows you to licence the use of your trademark to other entrepreneurs, expanding the geography of your business and increasing its profitability.
• Increase business value: A registered trademark is a valuable asset that increases the value of your business. It demonstrates your seriousness and long-term plans in the market, which can be an important factor when attracting investment or selling your business.
• Strengthening reputation and trust: a registered trademark shows that you care about your customers and want to provide them with high quality products and services. It strengthens your brand reputation and increases consumer confidence.

Registering a trademark at is an important step in protecting your business and growing it. It gives you a competitive advantage and helps you build a strong and recognisable brand.

In the following, we will look at the process of registering a trademark in Ukraine.

Section 2: The process of registering a trade mark in Ukraine

So, you already understand the importance of registering a trademark to protect your brand. Now it’s time to look at the registration process itself, which may seem complicated at first glance. Don’t worry, we’ll take you through it step by step, from searching for similar marks to obtaining a certificate.

The first and most important step is to check the uniqueness of your future trademark. We will discuss this in the next section.

Subsection 2.1: Searching for similar marks

Before applying for trademark registration, you should conduct a thorough search for similar marks. This will help you avoid refusal of registration and save you time and money.

Why do you need a search?

• Uniqueness check: the search will help you to make sure that your future trademark does not duplicate already registered or filed trademarks. The presence of similar marks may be grounds for refusal of registration.
• Risk assessment: the search allows you to identify potential conflicts with owners of similar marks and assess the risks of future litigation.
• Avoiding financial losses: a preliminary search will help you avoid the costs of filing and processing an application if your trademark is not unique.

Where to conduct a search?

You can search for similar marks on your own or by contacting a patent attorney. The following resources can be used for an independent search:

• The database of the Ukrainian National Office of Intellectual Property and Innovations (UNIPI): https://base.uipv.org/ – the official resource for searching for registered and filed trademarks in Ukraine.
• International Trademark Database (WIPO): https://www.wipo.int/branddb/en/ – allows you to search for trademarks registered in different countries of the world.

For a professional search and analysis, we recommend contacting Polikarpov Law Firm, a law firm specialising in intellectual property matters.

Search recommendations:

• Use different spellings: check different spellings of your future trade mark, including synonyms, abbreviations and transliteration.
• Pay attention to the classification: make sure you check for similar marks in the classes of the International Classification of Goods and Services (ICGS) that are relevant to your business.
• Consult with a specialist: if you have any doubts or difficulties with the search, we recommend that you contact a patent attorney.

Once you are convinced of the uniqueness of your future trademark, you can move on to the next stage – preparing and filing an application for registration. We will discuss this in the next section.

Section 2.2: Preparing and filing an application

You are now convinced of the uniqueness of your future trademark and are ready to take the next step – to officially register it. This stage involves preparing and submitting an application to the Ukrainian National Office of Intellectual Property and Innovation (UNIPI). Although the process may seem a little confusing, we will break it down in detail so that you can submit your application with confidence.

Required documents:

To start collecting documents, it is important to understand that each of them has its own specifics and requirements for execution. Here is a list of the required documents:

• The application for registration is the main document that contains all the necessary information about you as the applicant and about your trade mark. The application must clearly indicate your contact details, an image of the trademark, as well as a detailed list of goods and services for which you wish to register your trademark. This list must be drawn up in accordance with the International Classification of Goods and Services (ICGS). Please note that incorrectly selected classes may limit your rights to the trademark.
• Trademarkimage : a clear image of your trademark must be attached to the application . It must be made in black and white or colour and meet the technical requirements of the Ukrainian Trademark and Trademark Clearing House in terms of size and format. The image must be large enough to clearly display all details ofthe trademark.
• A document confirming the payment of the state fee:trademark registration is a paid service, and the amount of the state fee depends on the number of classes of the Nice Classification in which you wish to register your trademark. Payment of the fee is a prerequisite for consideration of your application.

Application procedure:

There are two ways to file a trademarkapplication :

• Online through the electronic cabinet on the website of the Ukrainian Trademark Office: This method is the most convenient and fastest. You can register an e-cabinet on the website of the Ukrainian National Research Institute and upload all the necessary documents in electronic format.
• In paper form by mail or in person: you can also submit yourapplication in paper form by sending it by mail or delivering it in person to the office of the Ukrainian NationalResearch Institute.

Link to the official website of UKRNOIVI: https://uipv.gov.ua/

Recommendations for preparing the application:

• Fill in all fields of the application carefully: any mistake or inaccuracy may result in a delay in the application process or even in the refusal of registration. Check all the information several times before submitting it.
• Choose the right classes of the Nice Classification: choosing the right classes of the Nice Classification is important for protecting your trademark. If you are not sure which classes to choose, it is best to consult a specialist.
• Contact a specialist: If you have any difficulties with the preparation or filing of an application, we recommend that you contact a patent attorney. A specialist will help you to prepare all the documents correctly and avoid mistakes.

After submission of the application, the examination process begins, which we will consider in the next section.

Subsection 2.3: Examination of the application

You have filed an application for trademarkregistration and it is now pending at the UAPTO. At this stage, your application undergoes a thorough examination to ensure that your trademark meets all legal requirements and is truly unique. This process may take some time, but it is extremely important for protecting your rights to your trademark.

Stages of examination:

The examination of an application at UKIPO is carried out in two stages:

• Formal examination: This is the first stage of examination, during which the examiners of UKRNOVO thoroughly check your application for the correctness of its execution. They verify your contact details, analyse the image ofthe trademark for compliance with the technical requirements, check the availability of all necessary documents and the correctness of the state fee payment. At this stage, it is important that your application is filled out without errors or inaccuracies.
• Qualification examination: If your application has successfully passed the formal examination, it is transferred to the qualification examination. At this stage, the experts of the UkrainianTrademark and Trademark Office analyse your trademark in more depth to determine its compliance with the legal requirements. They check whether your trademark is descriptive, whether it misleads consumers, whether it contradicts public order and moral principles of society. Most importantly, the experts conduct a thorough search in the databases of registered and filed trademarks to make sure that your trademark is unique. If similar or identical trademarks registered for similar goods or services are found, you may be refused registration.

Possible reasons for refusal of registration:

Unfortunately, not all applications for registration of the trademark are successfully examined. Here are the most common reasons for refusal:

• does not meet the requirements of the law: for example, your trademark may be too generic or descriptive, which does not allow it to fulfil its main function – to distinguish your goods or services from those of other manufacturers. Another reason for refusal may be the use of elements in the trademark that are considered unacceptable, such as state symbols or elements that may mislead consumers.
• Existence of similar or identical trademarks: if the examination reveals a trademark, which is very similar to yours and is already registered for similar goods or services, you will most likely be refused registration. This is done to avoid confusion among consumers and to protect the rights of owners of already registered marks.
• Incorrect application or incomplete package of documents: formal errors in the application, lack of necessary documents or incorrectly paid state fees may also lead to a refusal to register.

What to do in case of refusal?

If UKRNOVI refused to register your trademark, do not despair.
You have the right to appeal against this decision to the Appeals Chamber of the Ukrainian Trademark Office. To do so, you need to file an appeal with a statement of your position and evidence supporting your arguments. If the Appeals Chamber rejects your appeal, you can go to court.

Recommendations:

• Prepare the application carefully and check it for errors: fill in all fields of the application carefully, check the correctness of your contact details, the image of the trademark and the list of goods or services. This will increase the chances of a successful formal examination.
• Conduct a thorough search for similar marks: before filing an application, make sure that your trademark is truly unique. Use the databases of the Ukrainian Trademark Office and the WIPO for this purpose. This will help you avoid refusal at the qualification examination stage.
• Contact a patent attorney: if you have any doubts or questions about registering a trademark, it is better to contact a specialist. A patent attorney will help you prepare the application correctly, conduct a search for similar marks, and protect your rights in the event of a dispute.

If the examination is successful, you will receive a trade markcertificate . We’ll talk about this in the next section.

Section 2.4: Obtaining a certificate

Congratulations! Your application for the trademark has been successfully examined by the Ukrainian Trademark and Trademark Clearing House. This means that your trademark is unique and complies with all legal requirements. Now the last step is to obtain atrademark certificate at .

The procedure for obtaining a certificate:

Upon successful completion of the examination, the UAPTO publishes information on the registration of your trademark in the official bulletin “Promyslova Vlasnist”. From that moment on, a three-month period for third parties to file oppositions begins. If no oppositions are filed within this period, theTrademark Office shall issue a certificate on .

Trademark certificate:

A trademarkcertificate is an official document that confirms your exclusive right to use the trademark for the goods and services for which it is registered. The certificate contains information about the owner of thetrademark , the trademark image , the list of goods and services for which it is registered, the date of registration and the validity period of the certificate.

Validity of the certificate:

The trademarkcertificate is valid for 10 years from the date of application. After this period, you can extend the certificate for another 10 years by paying a state fee.

The importance of the certificate:

A trademarkcertificate is an important document that confirms your rights to the trademark and allows you to protect it from illegal use. With atrademark certificate at , you can go to court to protect your rights and recover compensation from infringers.

After obtaining a trademark certificate

Next, we will look at the cost and terms of trademark registration in Ukraine.

Section 3: The cost and timing of trademark registration

Registration of the trademark is an investment in the future of your business. And like any investment, it requires certain costs. In this section, we will look at the main components of the cost of registering a trademark in Ukraine, as well as the approximate timeframe for processing an application by the Ukrainian Trademark Office. Understanding these aspects will help you plan your budget and the time required to obtain a trademark certificate .

Let’s start by considering the state duties and fees that must be paid when registering a trademark.

Subsection 3.1: State duties and fees

Registration of the trademark in Ukraine involves the payment of certain state duties and fees. The amount of these fees depends on several factors, including the number of classes of the International Classification of Goods and Services (ICGS) for which you wish to register a trademark, as well as the method of filing an application (online or in paper form).

Basic state duties and fees:

• For applying for registration is the main fee that must be paid when applying. Its amount depends on the number of classes of the Nice Classification. As of 2024, the cost of filing atrademark application at for one class of the Nice Classification is UAH 3,150 per class.
• For issuance of a trademarkcertificate : after successful examination and publication of thetrademark registration in the official bulletin “Promyslova Vlasnist”, a fee for issuing a certificate is required, which averages UAH 850 per 1 class.
• For the publication of information on the registration of a trademark: a fee is also payable for the publication of information on the registration of a trademark in the official bulletin “Promyslova Vlasnist”, which is on average UAH 600 per 1 class.

Please note: the amounts of state fees and charges are subject to change, so before filing an application, we recommend that you check the current information on the official website of the Ukrainian National Intellectual Property Office or contact a patent attorney.

In the next subsection, we will consider the approximate timeframe forprocessing atrademarkapplication at the UkrainianTrademark Office.

Subsection 3.2: Application processing time

In addition to the cost, another important aspect of registering a trademark is the time required to obtain a certificate. The timeframe for processing an application at UKRNOVI depends on various factors, including the complexity ofthe trademark, the workload of examiners and the presence of any third-party objections.

Approximate timeframes:

• Formal examination: the formal examination usually takes about 1-2 months from the date of application.
• Qualification examination: the period of qualification examination is about 17-20 months from the date of filing.
• Publication and issuance of the certificate: upon successful completion of the examination, information on the registration of the trademark is published in the official bulletin “Promyslova Vlasnist”. After a three-month period for filing oppositions (if any), theTrademark Office issues a certificate on for the trademark. This stage usually takes about 1-2 months.

General registration period

Please note: The above deadlines are indicative and may vary depending on the circumstances of each case. For more accurate information, we recommend that you contact a patent attorney.

Now that we have reviewed the cost and timing of registration, we will move on to the section on common mistakes to avoid when registering a trademark.

Section 4: Common mistakes when registering a trade mark

The process of registering a trademark can be quite complicated, and even experienced entrepreneurs sometimes make mistakes that can lead to a refusal to register or complicate the process of obtaining a certificate. In this section, we will look at the most common mistakes made when registeringa trade mark and give recommendations on how to avoid them. Knowing these mistakes will help you prepare for the registration process and increase your chances of successfully obtaining a certificate for your trademark.

One of the most common mistakes is choosing the wrong classes of goods and services, which we will discuss in more detail in the next section.

Subsection 4.1: Wrong choice of classes of goods and services

The choice of classes of the International Classification of Goods and Services (ICGS) is one of the most important steps in registering a trademark. The correct choice of classes ensures proper protection of your However, the wrong choice of classes can significantly limit your trademark rights and even lead to its loss.

Why is it important to choose the right classes?

The trademark is registered for specific goods or services that are specified in the application. The choice of classes of the Nice Classification determines the scope of protection of your trade mark. If you do not include in your application all classes that are relevant to your business, then your trademark will be protected only for those goods or services that are listed in your application. This means that others will be able to use your trademark for other goods or services that are not included in your application without your permission.

Consequences of choosing the wrong classes:

• Limited trade markprotection : your trade mark will be protected only for the goods or services specified in the application.
• Risk of losing the trademark: if you do not use the trademark for the goods or services for which it is registered, you may lose the right to it.
• Difficulties in protecting rights: if you find that your trademark rights have been infringed , it will be difficult to prove your rights in court if you have not included all classes that correspond to your business in your application.

Recommendations:

• Thoroughly study the classification of the Nice Classification: read the full list of classes and the description of goods and services included in each class.
• Identify all the goods and services that you offer or plan to offer in the future: include in the application all the classes that are relevant to your business.
• Consult with a patent attorney: a specialist will help you choose the right classes of the Nice Classification and avoid mistakes.

In the next section, we will consider another common mistake – insufficient search for similar marks.

Subsection 4.2: Insufficient search for similar marks

We have already discussed the importance of conducting a confusingly similar mark search before filing a trademark application. However, it is not enough to simply conduct a search – it is important to do it thoroughly and comprehensively.An insufficient search may result in you missing a trademark that is similar to yours and has already been registered or filed for registration. This could result in the refusal to register your trademark and lead to a loss of time and money.

Why is a thorough search important?

A thorough search for similar trademarks allows you to:

• Ensure the uniqueness of your trade mark: you can be sure that your trade mark does not duplicate existing marks and has a chance of successful registration.
• Avoid conflicts with owners of similar marks: you can prevent possible litigation and protect your business from unpleasant consequences.
• Save time and money: you will avoid the costs of filing and processing an application if your trademark is not unique.

How to conduct a thorough search?

• Use different resources: don’t limit yourself to the UAPTO database, but also use international databases such as WIPO.
• Pay attention to different spellings: check the different spellings of your trademark, including synonyms, abbreviations and transliteration.
• Analyse similar brands not only by name, but also by image: look for similarities in design elements, colours and fonts.
• Consult a specialist: a patent attorney has experience in conducting a similarity search and will be able to help you conduct it thoroughly and comprehensively.

Do not neglect the importance of conducting a thorough search for similar marks. This will help you avoid problems in the future and ensure that your brand is well protected.

In the next section, we’ll look at another common mistake: an incorrectly executed application.

Subsection 4.3: Incorrectly prepared application

Even if you have carefully prepared for the registration of a trademark, conducted a search for similar marks and selected the right classes of the Nice Classification, an incorrectly executed application may result in a refusal to register. Formal errors in the application may seem insignificant, but they can have serious consequences.

Typical mistakes when filling out an application:

• Incorrectly filled in application fields: Inaccuracies in contact details, applicant’s name or other application fields may result in a delay in the processing of the application or even in refusal of registration.
• Blurred image : The trademark image must be clear and comply with the technical requirements of the UAPTO. A blurred or poor quality image may be grounds for refusal.
• Incorrectly indicated classes of the Nice Classification: Even if you have chosen the correct classes of the Nice Classification, an error in their indication in the application may result in the restriction of your trademark protection .
• Missing documents: Make sure that you have attached all the necessary documents to the application, such as a document confirming payment of the state fee.

Recommendations:

• Check the application carefully before submission: make sure that all fields are filled in correctly and clearly.
• Follow the instructions and requirements of the Ukrainian Patent andTrademarkOffice: pay attention to the technical requirements for the trademark image and other documents.
• Contact a patent attorney: a specialist will help you to properly complete the application and avoid mistakes.

A properly executed application is an important step towards successful trademarkregistration . Don’t neglect the details and check all the information before submitting your application.

Next, we will look at the possibilities of international trademarkregistration .

Section 5: International trade mark registration

You already know how to register a trade mark in Ukraine. But what if your business is expanding and you plan to enter the international market? In this section, we will look at the possibilities of international trademark registration, which will allow you to protect your brand in other countries. International registration offers a number of advantages, such as simplified registration procedures and reduced costs. We will explain the different international registration systems and help you choose the most suitable option for your business.

We start by looking at the Madrid system, which is one of the most popular systems for international trademark registration.

Subsection 5.1: The Madrid system

The Madrid system is an international trademarkregistration system administered by the World Intellectual Property Organisation (WIPO). It makes it possible to register the trademark in many countries simultaneously by filing one application and paying one fee. This greatly simplifies the registration process and reduces costs for trademark owners.

Advantages of the Madrid system:

• One application, many countries: you can register a trademark in more than 120 countries that are members of the Madrid system by filing a single application with the UAPTO.
• Simplified procedure: the registration procedure is significantly simplified compared to filing separate applications in each country.
• Reduced costs: paying one fee for registration in several countries can significantly reduce the cost of international registration.
• Centralised management: you can manage your international registration through a single channel – UKRNOVI.

How does the Madrid system work?

1. You file an application for an international registration through UkrNIPO.
2. UKRNOVI checks your application and submits it to WIPO.
3. WIPO examines your application and publishes it in the International TrademarkRegister .
4. Each country in which you wish to protect your trademark conducts its own examination of your application.
5. If the examination in each country is successful, your trademark will be registered in those countries.

Please note: the Madrid system is not a one-size-fits-all solution for all trademark owners . It may not be suitable for you if you plan to protect your trademark in only a few countries or if your trademark is complex to register.

In the next section, we will summarise the main aspects of trademarkregistration and give general recommendations.

Section 5.2: Registering in each country separately

In addition to the Madrid system, you can also register your trademark in each country separately. This option may be more suitable if you plan to protect your trademark in only a few countries or if your trademark is complex to register through the Madrid system.

The registration procedure in each country is different:

1. Selecting countries: determine in which countries you want to protect your trademark.
2. Search for similar marks: conduct a search for similar marks in each country in which you plan to register.
3. Filing an application : file atrademark application with the intellectual property office of each country.
4. Examination of the application: Each office will conduct its own examination of your application.
5. Obtaining a certificate: After successful examination, you will receive a trademark certificate in each country.

The benefits of registering in each country separately:

• More precise protection: you can tailor your application to the requirements of each country, which ensures more precise protection for your brand.
• A more flexible approach: you can choose the countries where you really need protection and not pay for registration in those countries where it is not required.

Disadvantages of registering in each country separately:

• More complicated procedure: you will need to submit separate applications to each country and follow different requirements and procedures.
• Higher costs: paying separate fees in each country may be more expensive than registering through the Madrid system.

The choice between the Madrid system and registration in each country separately depends on your specific needs and circumstances. We recommend that you contact a patent attorney for advice and to choose the most appropriate option for your business.

Now let’s move on to the conclusion, where we will summarise the main aspects of trademarkregistration and provide general recommendations.

Conclusion

Registering a trademark at is an important step in protecting your brand and developing it. It grants you the exclusive right to use the trademark and prevents unfair competition. In this guide, we have reviewed the main aspects of registering the trademark in Ukraine, from defining the concept to obtaining a certificate. We have also looked at common mistakes to avoid when registering and the possibilities of international registration.

General recommendations:

• Prepare thoroughly for the registration process: conduct a thorough search for similar trademarks, choose the right classes of the Nice Classification and carefully prepare the application.
• Contact a patent attorney: a specialist will help you avoid mistakes and ensure the successful registration of your trademark.
• Protect your trademark: monitor its use by others and take steps to protect your rights in case of infringement.

Registering a trademark at is an investment in the future of your business. Do not put off this important step for later and protect your brand today!

If you have any questions regarding the registration of thetrademark, please contact Polikarpov Law Firm. We have many years of experience in the field of intellectual property and will be happy to help you protect your brand and grow your business!