Trademark Registration in Ukraine in 2025: A Complete Guide

In today’s dynamic business environment, where competition is constantly increasing, a trade mark becomes not just a name or logo, but a key asset that forms a recognisable brand and identifies your business among others. It is a visual or verbal symbol that consumers associate with the quality, trust and uniqueness of your goods or services. Effective legal protection of this intangible asset is an integral basis for the stable development and scaling of any company in Ukraine.

Registering trade mark rights is a strategic step that protects your business from unfair competition, allows you to build a strong brand and capitalise on its reputation. This complete guide is designed to provide comprehensive information on how to register a trade mark in Ukraine. We take you step-by-step from basic concepts and trade mark classification to the complex aspects of the preparatory phase, detailed registration procedure, costing and timing, as well as the specifics of protecting your rights and the possibilities of international registration.

Section 1: Understanding the trade mark and its classification

Before diving into the intricacies of registration, it is important to have a clear understanding of what a trade markis, what its functions are and what types oftrade marks exist. This will help you to take an informed approach to the process of protecting your brand and make effective use of this powerful tool.

1.1 Definition and key functions of a trade mark (TM)

A trade mark (TM) is any designation (or combination of designations) that is capable of distinguishing the goods and/or services of one person from those of others. It may be a word, name, symbol, logo, phrase, image, sound, colour, shape, smell or a combination thereof. The main requirement for such a designation is distinctiveness.

Key functions of a trade mark that emphasise its importance to the business:

• Individualisation of goods/services: This is the primary function of TM. It allows consumers to clearly identify, distinguish and locate specific goods or services among many others on the market. For example, the Coca-Cola brand makes it easy for consumers to distinguish the beverage from other similar products.
• Guarantee of quality and origin: Over time, as a brand gains consumer trust, the brand name becomes associated with a certain level of quality, reliability and origin of the product or service. Consumers, when they see a known TM, expect a corresponding standard.
• Marketing and advertising tool: A trade mark is a powerful tool for product promotion. It acts as a basis for advertising campaigns, corporate identity and communication with the target audience. Emotional and visual perception of TM significantly influences consumer choice.
• Intangible asset of the company: A registered trade mark is a full-fledged intellectual property object. It can be valued, sold, transferred under licence, used as collateral and contributed to the company’s charter capital. Often the value of a successful brand protected by a TM significantly exceeds the value of the company’s tangible assets.
• Source of income: The owner of a registered TM can grant permissions (licences) to other companies to use its brand for a fee (royalty), thus expanding its business without direct investment in production.
• Legal protection: Registering a TM gives the owner the exclusive right to use it and provides legal tools to protect against misuse, copying or imitation by competitors.

Section 1: Understanding the trade mark and its classification

1.2 Distinguishing between the concepts of “trade mark” and “trade mark” and their use in Ukrainian legislation.

In Ukraine, as in many other countries, there is a certain terminological confusion between the concepts of “trade mark” and “trade mark”. It is important to understand that:

• “Trade Mark” (TM): This is the official, legally correct term used in the Law of Ukraine “On Protection of Rights to Marks for Goods and Services” and other regulations. It is the term used in registration and in official documents.
• “Trade mark”: This term is often used in everyday life or in publicity. Although in everyday communication it is sometimes used as a synonym for “trade mark”, from the legal point of view this is not correct. The official Ukrainian legislation does not use this term to designate an intellectual property object that is being registered.

Therefore, the term “trade mark”should always be used when discussing legal issues and registration procedures . This will help avoid misunderstandings and ensure compliance with the official terminology.

Read more about the differences between these concepts and their application in Ukraine in our article “Trade mark or trade mark: what is the difference and types of TM“.

1.3. The main types of trademarks: verbal, pictorial, combined, as well as less common (sound, three-dimensional, etc.)

Trademarks may have different forms and shapes, depending on how they are perceived. Ukrainian law recognises a wide range of designations that can be registered as TMs:

• Verbal trademarks:These are marks consisting of words, letters, numbers or combinations thereof. They can be company names, product names, service names, slogans, etc.
  • Examples: “ROZETKA, Kyivstar, Google, Coca-Cola.
• Figurative trademarks:These are graphic indications such as logos, pictures, symbols, emblems without any text.
  • Examples: Nike “tick”, Apple “apple”, “three stripes” Adidas.
• Combined trademarks:The most common type, combining verbal and pictorial elements. It can be a company name in a specific font along with a logo.
  • Examples: Adidas logo with the text “ADIDAS”, Mercedes-Benz emblem with the name.
• Three-dimensional trademarks:These are marks that have a three-dimensional shape, such as the shape of a product’s packaging or the product itself, if its shape is distinctive.
  • Examples: The shape of the Coca-Cola bottle, the distinctive shape of the Toblerone chocolate bar.
• Sound trademarks:Melodies, jingles, sound signals used to individualise goods or services.
  • Examples: “Intel Inside” jingle, Windows operating system startup sound.
• Colour trademarks: A specific colour or combination of colours that is associated with a particular brand (e.g. Magenta for T-Mobile).
• Positional trademarks: The placement of a specific designation on a specific part of a product.
• Unusual trademarks: In some jurisdictions, it is also possible to register olfactory (smell), taste, motion (animation) and holographic trademarks, although these are more difficult to prove distinctiveness and graphic reproduction.

The type of trademark you choose depends on the specifics of your business and marketing strategy.

For a more detailed description and examples of the types of trademarks, see the article “Trademark or Trademark: What is the Difference and Types of TMs“.

Section 3: Step-by-step procedure for registering a trade mark in Ukraine in 2025

After thorough preparation, including verification and classification of your trade mark, it is time for direct filing of the application. Let us consider in detail each step of the official procedure of TM registration in Ukraine in 2025. The entire process is administered by the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI).

3.1 General overview of the stages of TM registration: from filing an application to obtaining a certificate

The procedure of trade mark registration in Ukraine is multi-stage. Understanding this sequence will help you better navigate the process and effectively plan your actions.

The main steps are:

• Application submission. This step involves preparing and sending a complete set of documents to UkrNIIVI. The application may be filed directly by the applicant or through an authorised representative, such as a patent attorney.
• Formal examination of the application. At this stage UKRNOIVI checks whether the submitted application complies with all formal requirements of the legislation, including correctness of filling in the documents and payment of necessary fees.
• Publication of data on the application. After successful formal examination, the data on the filed application are published in the official bulletin of UKRNIIVIVI. This allows third parties to familiarise themselves with it and, if there are grounds, to file objections.
• Qualification examination (substantive examination). This is the most important and the longest stage, during which UKRNOIVI experts carry out an in-depth examination of the applied designation for compliance with all the requirements of protectability, in particular, for distinctiveness and for the absence of identical or confusingly similar trade marks registered or submitted for registration for homogeneous goods/services.
• Adoption of a decision on registration. If the results of the examination show no grounds for refusal, UKRNOIVI makes a decision to register the trade mark.
• Payment of the fee for the issuance of the certificate. Upon receipt of the decision on registration, it is necessary to pay the established state fee for the issuance of the certificate.
• Publication of information on registration and issuance of the certificate. Information about the already registered trade mark is published in the official gazette, after which the applicant is issued a trade mark certificate, which is an official document confirming its exclusive rights.

3.2 Formation of the package of documents for the application for TM registration in UKRNOIVI

For a successful application for trade mark registration it is necessary to prepare a clear and complete package of documents. Any mistakes or inaccuracies can lead to delays in the process or even rejection.

Here are the basic documents and information you will need:

• Application for trade mark registration. This is a standard form approved by UKRNOIVI, which contains data on the applicant (legal entity or individual), address for correspondence, information on the claimed designation and the list of goods and services.
• Image of the claimed designation. The image of your trade mark (logo, word mark, combination, etc.) should be provided in appropriate formats (usually JPG, TIFF) with high resolution. For colour brands, it is important to include all colours used.
• List of goods and services. A clearly defined list of goods and services for which you wish to register a mark, grouped according to the relevant classes of the International Classification of Goods and Services (ICCG). This list should be as precise as possible.
• A document of payment of the application fee. Original or copy of the payment order (receipt) for payment of the state application fee. The amount of the fee depends on the number of ICTU classes and the type of applicant.
• Power of Attorney (if necessary). If the application is filed through a representative (e.g. a patent attorney), a duly executed power of attorney confirming the representative’s authorisation is required.
• Other documents (if necessary). In some cases, additional documents may be required, such as a translation of documents if they are in a foreign language, or a document proving the right to priority (if you wish to exercise the right to priority on pre-filing in another country).

3.3 Peculiarities of filing documents for trade mark registration online through the state service “Diya”

In 2025, one of the most convenient and accessible ways of filing documents for registration of a trade mark in Ukraine is the use of the state online service “Diya”. This option significantly simplifies the process, makes it faster and more transparent for applicants.

The advantages of submitting through “Diya” are obvious: it allows you to apply from anywhere and at any time, having access to the Internet, eliminating the need to visit UKRNOIVI in person or send documents by post. The Diya service usually has an intuitive interface and a step-by-step wizard that helps you fill in all the required fields of the application, minimising the risk of errors.

The submission process consists of the following steps:

• Authorisation on the Diya portal using an electronic signature (CEP).
• Selection of the service “Registration of trade mark” (or “mark for goods and services”).
• Filling in the electronic application form, including applicant’s data, type of designation and list of goods/services according to the ICTU.
• Uploading trade mark image files in the required format.
• Payment of state fees online directly through the service.
• Signing the application with an electronic signature and sending it to UKRNOIVI.

In general, Diya offers reduced processing time, the ability to track the status of the application online and a general reduction of bureaucratic hurdles, making online TM registration much easier. It is important to keep in mind that, although Diya simplifies filing, the correctness of the application itself (in particular, the choice of ICTU classes and uniqueness of the designation) is still the responsibility of the applicant.

Detailed step-by-step instructions on how to register a trade mark through Dia are available in our separate article “Registering a trade mark through Dia: step-by-step instructions”.

3.4 The application examination process: formal examination and qualification examination

After filing an application with the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI), the key stage – examination – begins. It consists of two consecutive and mandatory phases: formal examination and qualification examination (substantive examination). Each of them has its own purpose and examines different aspects of the claimed designation.

Formal examination is the first stage of the application verification; its main purpose is to establish whether the application filed and all the documents attached to it comply with the established rules of registration. This examination is purely formal and does not concern the essence of the designation itself.

At this stage, the following are checked: availability of all necessary documents provided for by the legislation (application, TM image, list of goods/services, etc.); correctness and completeness of filling in all sections of the application form; compliance of the trade mark image with the established technical requirements; as well as timely and full payment of state fees for filing the application.

If any deficiencies or inaccuracies are identified, UKRNOIVI sends a request to theapplicant with a proposal to eliminate them within a set period of time (usually 2-4 months). If the deficiencies are not remedied within the deadline, the application may be rejected at this stage. If all requirements are met, the application successfully proceeds to the next stage – qualification expertise. Approximately, this stage usually takes from 2 to 4 months.

Qualification examination is the most important and the longest stage of the registration process, its purpose is to determine whether the applied designation can obtain legal protection as a trade mark, i.e. whether it meets all the requirements of the legislation.

At this stage, UKRNOIVI experts conduct an in-depth analysis of the designation itself. Key areas of verification include:

• Compliance with absolute grounds for refusal. The examiners check whether the designation is sufficiently distinctive, not deceptive, not contrary to public policy, not contrary to the principles of humanity and morality, not in common use or descriptive (as discussed in Section 2.1).
• Relevance to relative grounds for rejection (identity/similarity search). This is one of the most critical parts. UKRNOIVI conducts a thorough search of its own registers and databases of filed applications to identify identical or confusingly similar registered trade marks, as well as those already under registration but with an earlier filing date. This search is carried out for homogeneous goods and/or services, as protection is granted precisely within the declared ICTU classes.

If the examination process reveals grounds for refusal of registration (e.g., similarity to an existing TM), UKRNOIVI sends the applicant a preliminary decision (notification) detailing the reasons. The applicant has the right within the established period of time (usually 2-4 months) to submit a reasoned response to the objections of the examination, to provide arguments in defence of its brand, to refute the arguments of the examiner or to amend the application (e.g., to reduce the list of goods/services to avoid conflict). If all the examiner’s objections are successfully overcome or if there were none at all, the decision to register the trade mark is made. This stage is the longest and may take from 12 to 18 months as part of the standard procedure.

3.5 Obtaining a decision on registration and issuing a trade mark certificate

After successfully passing all stages of examination, including overcoming possible preliminary refusals, the final stage comes, which marks the completion of the registration process.

If the examination does not reveal any grounds for refusal, UKRNOIVI makes a decision to register your trade mark. This is an official document that confirms that your designation meets all the requirements of the legislation for granting legal protection. After receiving a positive decision, it is necessary to pay the state fee for the issuance of a trade markcertificate within the established term (usually 3 months), the amount of which depends on the number of classes of ICTU. After payment of the fee, information about the already registered trade mark is published in the official bulletin of UKRNOIVI, which is a public announcement that your brand has received legal protection. Finally, the applicant is issued the original TM certificate. This document is the main confirmation of your exclusive ownership of the trade mark, it contains the image of the mark, the name of the owner, the priority date, the date of registration, the numbers of the classes of ICTU and the list of goods/services.

From the moment of obtaining a TM certificate you acquire full legal protection for your trade mark in Ukraine.

Section 4: How much does it cost and how long does it take to register a trade mark?

One of the most common questions that potential applicants have is about the financial and time component of the trade mark registration process. Understanding these aspects allows you to effectively plan the budget and timeline for your business.

4.1 Forming the cost of TM registration: state fees, patent attorney services

The total cost of trade mark registration consists of several components, including mandatory payments to the state and, optionally, payment for the services of specialists.

• State fees (payments to UKRNOIVI): These are mandatory fees paid to the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI) for performing certain actions:
• Fee for filing an application for registration. Its amount depends on the number of classes of the International Classification of Goods and Services (ICCG) applied for and whether the applicant is a natural or legal person. The more classes, the higher the fee. It is important to note that electronic filing through the UKRNOIVI portal may have lower state fees than paper filing.
• Examination fee. This fee covers the cost of work of UKRNOIVI experts to check your application for compliance with all legal requirements, including similarity and identity searches.
• Fee for issuing a trade mark certificate. This is the last mandatory payment, which is paid after receiving a favourable decision on registration, before the direct issuance of the certificate. Each of these fees has a fixed amount established by the legislation of Ukraine and may change over time.

Although it is possible to apply for TM registration on your own, most applicants choose the assistance of professionals – patent attorneys or intellectual property lawyers. Their services add to the total cost, but provide significant benefits:

• High-quality preliminary search. Specialists conduct in-depth analyses of existing trade marks and submitted applications, which significantly increases the chances of successful registration and reduces the risk of refusals.
• Professional formation of the list of goods/services. Patent attorneys will help you accurately classify your activities according to the ICTU, avoiding unnecessary expenses on unprotected classes and ensuring maximum coverage.
• Correct paperwork. The experience of specialists makes it possible to avoid mistakes that may lead to delays or refusals in registration.
• Process support. Lawyers take care of all communication with UKRNOIVI, including preparation of responses to expert enquiries and resolution of possible objections. The cost of such services is negotiable and depends on the scope of work, complexity of the application and reputation of the specialist.

4.2 Terms of trade mark registration in Ukraine.

It is important to note: now in Ukraine the accelerated procedure for registration of trade marks is suspended. The only available procedure is the standard procedure, which has clearly defined deadlines.

Standard procedure: This is the only available way to register a TM in Ukraine. It usually takes from 18 to 24 months from the date of application. This timeframe includes:

• Formal examination: Takes from 2 to 4 months. At this stage, the correctness of the submitted documents and compliance with formal requirements are checked.
• Publication of information about the application: This takes place after successful formal examination.
• Qualification examination (substantive examination): This is the longest stage, lasting from 12 to 18 months. This is where the main test of protectability and lack of identity or similarity with other marks already registered or applied for is carried out.
• Decision and issuance of the certificate: Takes approximately 1-2 months after successful completion of the examination and payment of all necessary fees.

Despite the long period of the standard procedure, you can use your trade mark from the moment of filing the application for registration, as the right to the TM starts to be effective from that date.

4.3 Additional costs that may arise during the registration process

In addition to the basic government fees and legal fees, there are also potential additional costs that may arise during the registration process:

• Similarity/identity search (advanced). Although basic searches are often part of the patent attorney’s services or part of the examination, sometimes clients want to conduct an in-depth, more detailed search for an additional fee in order to minimise the risks of rejection as much as possible.
• Responses to examination requests. If the UKRNOIVI examiner makes a request (e.g., finding similarity to another brand or requiring clarification), preparing a reasoned and substantiated response may require additional legal counsel and sometimes additional filing fees for certain documents.
• Translation of documents. If any documents are filed in a foreign language, their translation and notarisation may be an additional expense.
• Appealing decisions. If UKRNOIVI takes a decision to refuse registration and the applicant does not agree with it, it is possible to appeal the decision to the Appeals Chamber or to the court. These procedures also require additional financial investment for legal services and related administrative fees.

Understanding all possible costs and timelines helps to manage the registration process more efficiently and avoid unpleasant surprises.

Section 5: Protecting and maintaining trade mark rights after registration

Obtaining a trade mark certificate is only the first, albeit extremely important, step to ensuring the exclusivity of your brand. The real TM protection begins after registration, because only active monitoring and timely response to infringements will allow you to preserve and effectively use your exclusive rights. This section focuses on the key aspects of maintaining and protecting your intellectual property rights.

5.1 Term of validity of the trade mark certificate and procedure for its renewal

A trade mark certificate is not granted forever, it has a clearly defined period of validity, after which you have the right to renew it. According to the legislation of Ukraine, a trade mark certificate is valid for 10 years from the date of application for registration. During this period you have exclusive rights to use the registered designation for the specified goods and services.

In order to retain your trade mark rights after the end of the initial 10-year term, you need to take care of its renewal in time. This procedure involves several key steps:

• Filing a petition: A petition to extend the validity of a trade mark certificate is filed with the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI) during the last year of the certificate’s validity.
• Payment of state duty: The relevant state fee must be paid for renewal.
• Grace period: If the deadline for application has been missed, the legislation provides for a grace period of 6 months after the expiry of the certificate. However, an additional fee will have to be paid for renewal during this period, which is significantly higher than the normal fee.

It is important not to ignore these deadlines, as missing a registration may result in the loss of exclusive rights to your trade mark, allowing someone else to use it freely or even register it for themselves.

5.2 Monitoring and counteracting trade mark infringements

Obtaining a TM certificate is only the beginning. In order for your brand to be reliably protected, it is necessary to constantly monitor its use in the market and promptly respond to any attempts to infringe your rights. This is proactive brand protection. Proactive monitoring is critical to prevent unauthorised use of your TM by competitors or unscrupulous market players, to detect counterfeit products, and to track attempts to register similar or identical designations by others, which may dilute your brand or create obstacles in the future.

A TM owner may choose different monitoring methods:

• Self-monitoring: The owner can independently monitor the use of their designation on the Internet, in the marketplace, in promotional materials and among competitors. This method requires constant attention and resources.
• Professional monitoring services (Trademark Watch): Law firms and patent attorneys provide monitoring services that include regular review of UKRNOIVI’s official bulletins regarding new applications, internet searches, social media and customs registries. This provides more comprehensive and systematic monitoring.

If you discover that someone is misusing your trade mark or a confusingly similar designation, you have the right to take action to protect your rights. These actions may include:

• Sending a Cease and Desist Letter: Often the first step is to send a formal cease and desist letter to the infringer demanding that the infringer stop using the TM illegally.
• Negotiation and mediation: In some cases, especially when infringements are minor or co-operation is possible, negotiation or mediation may be attempted to resolve the dispute.
• Administrative actions: Complaints can be filed with the relevant state authorities, such as the Antimonopoly Committee of Ukraine (in case of unfair competition) or customs authorities (to prevent the importation of counterfeit goods).
• Legal proceedings: If other methods have failed, the TM owner has the right to take legal action in court to stop the infringement, recover damages or compensation.

5.3 Transfer of trade mark rights: licence, assignment (alienation)

A registered trade mark is a valuable asset that can not only be used, but also transferred to others, generating income or expanding its presence in the market. This may be necessary to expand a business through franchising, to attract new markets, to monetise a brand without directly producing goods/services, or in the case of selling a business. The transfer of rights is possible through licensing or alienation (assignment).

A trademark licence is a permission that the owner of a TM (licensor) grants to another person (licensee) to use its trademark. This use takes place within certain limits that are clearly specified in the contract, e.g. for specific goods/services, in a certain territory, for a certain period of time. Importantly, in licensing, ownership of the trade mark remains with the licensor.

Key aspects of a licence:

• Form: The licence agreement is necessarily concluded in writing.
• Registration: Registration of the licence agreement in UKRNOIVI is not obligatory, but it is strongly recommended, as the registered agreement makes it valid for third parties, which is important in case of disputes or infringements.
• Types of licences: Can be exclusive (the licensee is the only one who can use the TM, including the licensor), non-exclusive (the licensor can grant permission to others) or single licence.

Assignment (alienation) of trade mark rights is the complete transfer of ownership of a trade mark from one owner (alienator) to another (acquirer). After alienation, the previous owner completely loses all rights to the TM and the new acquirer acquires them in full.

Key aspects of assignment of rights:

• Form: An agreement on the alienation of TM rights is also concluded in writing.
• Registration: Registration of the agreement on alienation of rights in UKRNOIVI is mandatory and essential for its legal force and effect on third parties. Without such registration, a change of TM owner will not be officially recognised.

Regardless of whether it is a licence agreement or an alienation agreement, registration of these changes in the official UKRNOIVI register is key (although for a licence it is recommended and for an alienation it is mandatory). It ensures the publicity of information about the right holder or user, which is crucial for legal validity and the ability to effectively defend one’s rights before third parties, as well as for the avoidance of fraud.

Section 6: International trade mark registration: brand protection abroad

In the conditions of globalisation of business and constant expansion of sales markets, registration of a trademark only on the territory of Ukraine is insufficient. To ensure comprehensive protection of the brand abroad and avoid conflicts with other right holders, it is necessary to take care of international registration. National registration obtained in Ukraine grants exclusive rights only on its territory. For effective functioning of your brand in other countries there are various mechanisms of international trade mark registration.

6.1 The Madrid system for the registration of trade marks: facilitating international protection

The Madrid system is one of the most efficient and convenient mechanisms for obtaining international protection for trade marks. It is based on the Madrid Agreement (1891) and the Madrid Protocol (1989) and is administered by the World Intellectual Property Organisation (WIPO). Ukraine is a member of this system, which allows Ukrainian companies to take advantage of its benefits.

The main advantage of the Madrid system is its simplicity and cost-effectiveness. Instead of filing separate applications with the patent offices of each country, you can obtain protection in multiple participating jurisdictions through a single international application filed in the same language and with a single set of fees. This greatly simplifies the process, reduces the administrative burden and allows you to centrally manage your TM portfolio, including renewals and amendments. The system is also flexible: you can expand the geography of protection by adding new countries to your existing international registration.

The process of registering a trade mark abroad through the Madrid System includes the following steps:

• Availability of a basic application/registration: The applicant must have already filed a national application or registered trade mark in Ukraine (this will be the “basic” application/registration).
• Filing an international application: An international application is filed through UKRNOIVI (as an Office of Origin) with WIPO. It specifies the countries participating in the Madrid system where you wish to obtain protection.
• WIPO Formal Examination: WIPO carries out the formal examination of the international application (verifying that it complies with the requirements of the Madrid system).
• Sending to designated countries: After successful formal examination, WIPO sends your application to the national/regional intellectual property offices of the countries you have indicated.
• National examination: Each designated office carries out its own substantive examination according to its national law. This means that, despite centralised filing, the decision on registration in each country is made independently.
• Registration/Denial Decision: Each Office informs WIPO of its decision whether to grant or deny protection (in part or in full). If there is no refusal within the prescribed period (12 or 18 months), protection is deemed to have been granted.

6.2 Registration of TMs in the EU through EUIPO: uniform protection throughout the European Union

For companies planning to operate in the European Union market, there is a separate and extremely effective mechanism – European Union Trademark (EUTM) registration. This system is administered by the European Union Intellectual Property Office (EUIPO) and provides uniform legal protection in the territory of all current and future 27 EU member states through a single registration.

The main advantage of TM registration in the EU is its unified nature. One application and one registration provides protection in a huge single market, making it cost-effective to cover many European countries. The application and management process is also centralised through the EUIPO.

The procedure for registering an EU trade mark is as follows:

• Direct filing: The application for EUTM is filed directly with the EUIPO. Unlike the Madrid system, it does not require basic national registration in Ukraine.
• EUIPO Examination: The Office carries out both formal and qualification examination of the application, checking its compliance with the requirements of the European legislation.
• Publication and objection period: After successful examination, the application is published in the official EUIPO gazette, which opens the period during which third parties (owners of previously registered rights) can file objections to the registration.
• Decision: If no objections are filed or overcome, EUIPO decides to register and the EU trade mark receives legal protection.

An EU trade mark may also be designated through the Madrid system if the applicant wishes to centralise the management of its global TM portfolio.

6.3 Features of national TM registration abroad (as an alternative/supplement)

In addition to the Madrid and EU trade mark system, there is also the route of national trade mark registration directly in each individual country. This method is chosen in certain situations:

• When it is only necessary to obtain protection in one or two countries that are not members of the Madrid system.
• In cases where a certain country is not part of the Madrid system or the EU, but its market is strategically important.
• Where there are problems with an international Madrid application in a particular country and it needs to be “converted” into a national application.

The national registration process involves filing a separate application directly with the national intellectual property office of each desired country. This is usually done through local patent attorneys or law firms that are familiar with the local law and language.

Advantages and disadvantages of this approach:

• Advantages: National registration gives full control over the process in a particular country, allows you to work directly with local specialists and is the only option for countries that are not part of international systems.
• Disadvantages: It is a significantly more expensive and complex route if protection is to be obtained in many countries, as it requires separate applications, paying individual fees, working with multiple representatives and managing different deadlines.

So, choosing an overseas trade mark registrationstrategy depends on your business goals, geography of expansion and budgetary possibilities. The optimal approach often combines the use of international systems and selective national registration.

Section 7: Specifics of registration of certain types of trade marks

The process of registering a trade mark, which we have covered in the previous sections, has a general unified procedure. However, depending on what kind of designation you plan to register – just words, images, a combination of them, or even something less traditional like a colour or sound – there may be certain nuances and peculiarities. Understanding these differences will help you better prepare for your application and increase the chances of successfully registering your unique brand.

7.1 Registration of a word trade mark: simplicity and efficiency

A word trade mark is probably the most common and often the easiest type of mark to register. It is a mark consisting solely of words, letters, numbers or combinations thereof. It may be written in a standard font or have a unique graphic design (which may make it a combination mark if the design is the defining element).

The advantages of a word mark are its simplicity and the broad scope of protection it offers. It protects the very spelling or pronunciation of a word, which makes it effective for protecting a product or company name. When searching for a word mark, UKRNOIVI experts focus on phonetic and semantic similarity, i.e. how the word sounds and what meaning it has. However, a word mark can also have certain challenges: it needs to have sufficient distinctiveness, and commonly used or descriptive words generally cannot be registered without evidence of acquired distinctiveness.

7.2 Registration of a pictorial (graphic) trade mark: visual identification

A pictorial (or graphic) trade mark is a designation consisting exclusively of graphic elements: logos, symbols, drawings, abstract images, without the use of words or letters. Such a brand gives the brand a strong visual identification, makes it easily recognisable and unforgettable.

The visual component is its main advantage, as graphic elements are often easier to remember and allow the brand to be quickly recognised without reading text. However, when registering a pictorial brand, the main task is to prove its uniqueness and distinctiveness, especially if it does not contain text. In the UKRNOIVI examination, particular attention is paid to visual similarity with images already registered or filed for registration, in order to avoid confusion in the marketplace.

7.3 Registration of a combined trade mark: synergy of word and image

A combined trade mark is the most widespread and universal type of designation. It combines both verbal and pictorial (graphic) elements. An example would be a company logo containing the brand name in a certain font and a unique graphic symbol next to it.

The main advantage of a combined trade mark lies in the synergy of its elements: it provides visual recognition thanks to the graphics and easy identification thanks to the verbal part. Such a mark is often highly distinctive, as protection is granted both to the combination as a whole and to its individual elements if they are original and protectable in themselves. During the examination of an application for a combined TM, UKRNOIVI checks both verbal and pictorial criteria, taking into account the possible similarity of both components to existing marks. This type of TM provides the most versatile and reliable brand protection.

7.4 Specifics of registration of coloured, three-dimensional and sound trade marks

In addition to traditional word, image and combination brands, there are also so-called “non-traditional” types of trade marks. They are less common, but their importance is growing in modern marketing because they allow a brand to stand out through less obvious associations. Registering such brands often involves additional challenges due to the need to prove distinctiveness.

• Coloured trade marks: Protection is granted for a particular colour or unique combination of colours associated exclusively with a particular brand. An example would be a particular shade of purple used by a well-known chocolate company. The main difficulty in registering them is that the colour itself is rarely distinctive, and to protect it, you must prove that it has already acquired stable associations with your products or services in the minds of consumers.
• Volumetric trade marks: These are marks that protect the three-dimensional shape of a product or its packaging. A classic example is the unique shape of a beverage bottle, which is not functional but serves solely for brand identification. The main requirement for a volumetric brand is that its shape should not be functional, but original and distinctive enough for consumers to associate it specifically with your product and not just as a generic product shape.
• Sound trademarks: These are marks that consist of a unique sound – a melody, a jingle, a short sound phrase that is distinctive to a particular product or service. An example might be a well-recognised sound accompanying the launch of a programme or a recognisable musical leitmotif. To register a sound trademark, you must provide a clear graphic representation of the sound (e.g. sheet music) or its audio file, and prove that the sound is unique and already associated by consumers with your brand.

In general, registering non-traditional types of trade marks requires a more thorough justification of their distinctiveness and often a more complex evidentiary framework than traditional word or image marks.

Section 8: Common mistakes and challenges in trade mark registration

The process of registering a trade mark, although regulated in detail, can be complex for those without relevant experience. Even minor errors at any stage can lead to significant delays, additional costs or even complete refusal of registration. Knowing the typical pitfalls is the key to overcoming them successfully and ensuring that your brand is well protected.

8.1 Lack of preliminary search and its consequences

One of the most common and at the same time the most expensive mistakes is to ignore or fail to conduct a preliminary search for identical or similar trade marks. Many applicants believe that if they do not see a similar designation on the market, it does not exist in principle. However, this is not the case.

The consequences of a missing or poor quality search can be extremely unpleasant. During the qualification examination, UKRNOIVI will conduct its own search and will most likely find a similar designation, which will result in refusal of registration.

This means:

• Loss of time: Months of waiting for a decision that turns out to be negative.
• Financial loss: State fees paid for filing and examination are not refundable.
• Need to start over: You will have to develop a new trade mark and go through the whole registration process from scratch.
• Legal risks: Even if you manage to register a trade mark without a prior search, there is a risk of legal disputes with the right holders of previously registered but undiscovered designations.

A thorough preliminary search conducted by specialists (patent attorneys or lawyers) is a critical step. It makes it possible to assess the chances of successful registration before filing the application and to avoid the problems mentioned above.

8.2 Incorrect choice of ICTU classes: risks of under- or overprotection

The International Classification of Goods and Services (ICGS) is the basis for determining the scope of legal protection for a trade mark. The wrong choice of classes can lead to serious consequences.

• Insufficient protection: If you do not specify all the necessary classes that correspond to your current or future activities, your trade mark will not be protected for those goods or services. This leaves the door open to competitors who can register your designation in the classes you “unprotected” and legally use it. For example, if you register a TM for clothing but not for shoes, a competitor could produce shoes under your brand.
• Overprotection and unnecessary costs: Including an excessive number of classes that do not correspond to your actual activities results in an unreasonable increase in government fees. In addition, such practice may have negative consequences in the future. In many countries, including Ukraine, there is a possibility to cancel the registration of a trade mark for full or partial non-use during a certain period (usually 3 or 5 years). If your TM is protected in 10 classes, but is used only in 3 classes, then in 7 classes its protection can be cancelled at the suit of an interested party.

This is why it is so important to engage experienced lawyers who will help you to accurately determine the relevant ICCT classes, balancing the needs of your business and cost-effectiveness.

8.3 Application for an unprotectable designation: refusal of registration

Some signs by their very nature cannot be registered as trade marks because they do not fulfil the requirements of protectability stipulated by law. An attempt to register such a designation will inevitably result in a refusal.

Typical examples of unprotectable designations include:

• Descriptive signs: Words or images that directly indicate the kind, quality, properties, quantity, purpose, value of goods or services. For example, “Sweet” for candy.
• Commonly used signs: Words that have become the name of a certain type of goods or services. For example, “Xerox” for photocopiers.
• Misleading signs: Those that may mislead the consumer about a product, service or its manufacturer.
• Marks contrary to public policy, principles of humanity and morality.
• Non-distinctive signs: Those that are not capable of individualising goods or services.

If an application is filed for a designation falling within these “absolute grounds for refusal” (which we discussed in detail in Section 2.1), UKRNOIVI will refuse registration. This will result in wasted government fees and wasted time, forcing the development of a new mark. It is important to assess the potential protectability of your future brand at the idea stage.

8.4 Improper paperwork and missed deadlines

The bureaucratic component of the registration process requires great attention to detail. Errors in the execution of documents or failure to meet deadlines are common causes of complications.

Typical mistakes and their consequences:

• Incorrect completion of forms: For example, missing mandatory applicant details, incorrect address for correspondence.
• Incorrect format of the TM image: Submission of an image in an incorrect format or low resolution.
• Lack of required documents: For example, a power of attorney if the application is submitted through a representative.
• Missed deadlines for responding to expert enquiries: The examiner may send a request for clarification or request the elimination of deficiencies. Failure to respond in a timely manner may result in rejection of the application.
• Failure to pay fees on time: Missing the deadline for payment of government fees, especially for the issuance of a certificate, may result in the loss of all previous efforts.

All of these mistakes result in delays, the need to resubmit documents, and in the worst case scenario, rejection of the application and loss of the priority date. Thoroughness or the assistance of a qualified lawyer is indispensable to avoid such problems.

8.5 Unfair competition and challenging TM registration

Even after successful registration of a trade mark, the owner may face challenges that require active defence of its rights. Registration is not a guarantee that there will be no problems, but it provides the necessary legal tools to deal with them.

Typical challenges and how to overcome them:

• Third party objections: Within a certain period after the publication of the details of your application, other persons who believe that your TM infringes their previously acquired rights may file a formal objection to its registration. This requires a reasoned response and possibly legal advice.
• Cancellation of registration:After registration, a TM may be cancelled at the suit of an interested party in the following cases
  • :Non-use of the

  TM

  • : If the owner does not use the trademark for a certain period (in Ukraine it is 5 years from the date of publication of registration information).
  • Abuse of right: For example, registration of the TM was carried out in bad faith or with the purpose of blocking the activities of a competitor
  • .Loss of distinctiveness: If the TM has become a common name for a certain product or service.
• Unfair Competition: Sometimes competitors do not copy a TM in its entirety, but use similar signs, packaging or marketing ploys to create confusion among consumers. This can be recognised as an act of unfair competition, which requires the intervention of the Antitrust Committee or judicial protection.

Active monitoring of the market and your brand (as we discussed in Section 5.2) is the best preventive measure and allows you to respond promptly to any threats to your rights.

Conclusion

Registering a trade mark in Ukraine is a strategic step to protect your business and brand. The process, from preliminary search to international protection and rights support, is key to building recognition and countering unfair competition.

We have covered each stage in detail, as well as common mistakes and challenges, emphasising that most of them can be avoided with careful preparation and professional support. That is why co-operation with experienced professionals, such as Polikarpov Law Firm, can be crucial for a successful and speedy completion of all stages. A registered trademark is a valuable asset that grants exclusive rights, allows you to fight counterfeiting and opens up opportunities to scale your business through licensing or alienation.

By investing in the registration and protection of your TM, you ensure the stable development and long-term success of your brand in the market.