Validity of a trademark certificate and its renewal

Having obtained a trademark certificate, it is important to remember that its validity is not indefinite. Legislation establishes a clear term of protection, which must be renewed in time. This article explains how long your TM is valid and how to correctly perform the renewal procedure in order not to lose valuable brand rights.

Section 1. Standard term of validity of a trade mark in Ukraine

The question “How long does my brand last?” is one of the key questions for any business owner who has invested in trade mark registration. Understanding the terms allows you to properly plan your budget, avoid the risk of losing rights and ensure continuity of protection. Let’s understand all the nuances of the standard term of TM protection in Ukraine.

1.1 How many years is the certificate valid?

The legislation of Ukraine, harmonised with the majority of world standards, establishes a clear term of validity of a trademark. Legal protection granted by the certificate for a mark for goods and services is valid for 10 years. This period is the same for all types of trade marks, whether you register a name, a logo or a combination of the two.

The ten-year period is a kind of compromise. On the one hand, it is long enough for the owner to develop his brand without worrying about annual renewal procedures. On the other hand, it is not eternal, which encourages owners to really use their brands and not to “clog up” the state register with “dead” marks that were registered but never entered the market. So, remember the key figure: 10 years. That is how long one “life cycle” of your certificate lasts.

1.2 Why the countdown starts from the date of application and not from the date of issuance of the certificate

Herein lies a detail that many people overlook, which can lead to a fatal error when calculating the renewal date. Many owners mistakenly believe that the 10-year term begins when they receive the beautiful laminated certificate. This is not the case!

The countdown of ten years starts much earlier – from the date of filing an application for registration with UKRNOIVI. Let’s look at an example.

• You applied to register the Miracle Garden trademark 15 March 2024.
• The registration procedure (examination) lasted 1.5 years.
• You received your certificate on 15 September 2025.

When will your certificate expire? Not in September 2035, but on 15 March 2034. So, in fact, the first term of your certificate is not the full 10 years, but 10 years minus the time that the registration itself lasted.

Why is this done? The filing date fixes your priority. It is from this date that your brand gets preliminary protection from anyone who tries to file a similar mark later than you. It is therefore logical that the countdown of the term of protection starts from this key date. Always check the date of application in your certificate – this is the starting point.

1.3 The possibility of an unlimited number of sequels

And now for the good news. Unlike objects of patent law (inventions, utility models), which have a limited term of protection, trade mark protection can potentially be eternal.

The law allows you to renew the certificate an unlimited number of times, each time for the next 10 years. This means that as long as your business exists and as long as you complete the renewal procedure on time, your brand will be legally protected. Well-known global brands such as Coca-Cola or Mercedes-Benz have been around for over a century, and it is through regular renewals that their legal protection is maintained.

This mechanism allows you to turn your brand into a real family or corporate asset that can be passed on from generation to generation. The main thing is to remember to follow a simple administrative procedure every 10 years, which we will discuss in detail in the next section. Thus, the responsibility for the “eternity” of your brand lies solely with you.

Section 2: Certificate renewal procedure: step-by-step algorithm

Unlike the initial registration, which is a long and complex marathon of examinations and inspections, the certificate renewal procedure is more of a technical sprint. Its purpose is not to re-validate your brand, but merely to record your intention to own and maintain it in the future. However, despite its seeming simplicity, this process has its clear rules and, most importantly, strict deadlines, violation of which can cost you your entire brand. Let’s go through the process step by step.

2.1 Optimal timeframes for extensions

The law establishes a very specific window of opportunity to initiate an extension procedure. It cannot be done at any time. The optimum, correct and most favourable period for you is within the last six months before the end date of the current 10-year term. No earlier and no later.

Let’s look at this on a detailed example. Let’s assume that you have applied for registration of your TM “Krishtaleve Dzherelo” on 20 May 2020.

• Starting point: 20.05.2020.
• End date of the 10-year term: 20.05.2030.
• Start of the renewal window: Count back 6 months from the end date. This will be 21 November 2029.
• The end of the window to continue: This is the very end date – 20 May 2030.

So, your ideal period for action is from 21 November 2029 to 20 May 2030. Adhering to this timeframe ensures cost savings (basic fee applies), peace of mind and security, and continuity of legal protection for your brand.

2.2 Grace period: what to do if you are late

In the hustle and bustle of business processes, you can forget about anything. Realising this, the legislator has provided a “plan B” for forgetful owners. If for any reason you fail to file an application within the main six-month period, your certificate is not instantly cancelled. You are given an additional six months after the official expiry date during which you can still save your brand.

In our example with TM “Krishtaleve Dzherelo”, the grace period will last from 21 May 2030 to 20 November 2030. During this “last chance period” the procedure remains the same, but with one significant financial nuance: the amount of the state fee increases by 50%. This is a kind of penalty for missing the main deadline. It is important to realise that this six-month period is the final limit. If you do not submit the documents before the end of this period, your certificate will expire definitively and irrevocably. Thus, answering the question of how long a trade mark is registered for, taking into account all possibilities, we can say: in fact, it can be kept for 10 years and 6 months, but the price for the last six months will be much higher.

2.3 Required package of documents

Unlike initial registration, which requires a large package of documents, the renewal procedure is as simple as possible. You do not need to resubmit an image of the brand, describe it or provide data on your activities. The entire process boils down to two key elements:

1. An application to extend the validity of the certificate. This is an official application in the prescribed form, which contains the number of the certificate, data on the holder and a clearly expressed request to extend the validity period.
2. A document on payment of the state duty. This is a receipt or a payment order confirming payment. The amount of the fee depends on the number of ICTU classes in your certificate, so before paying, you should definitely check the current details and amounts on the official UKRNOIVI website.

No further documents are required. The main thing is to fill in the application correctly and make the payment correctly.

2.4 Where and how to file documents

The address for filing documents is unchanged – it is the only competent authority in the field of intellectual property in Ukraine. Your application and receipt package should be submitted to the State Organisation “Ukrainian National Office of Intellectual Property and Innovation” (UKRNOIVI).

There are three ways to do this:

• Physical submission: You or your representative can submit the documents in person to the UKRNOIVI reception centre in Kyiv.
• Mailing: You can send your documents by registered mail with a list of enclosures.
• Electronic filing: The most modern and convenient way. Through a special system of electronic interaction with UKRNOIVI, it is possible to submit all documents online, signing them with an electronic digital signature (EDS).

Upon receipt of the documents, UKRNOIVI checks the compliance of the application and receipt of payment. If everything is in order, the office makes a record of the extension in the State Register. A new certificate is not issued – the validity of your old one is extended.

Section 3: Consequences of late renewal

In the previous section, we looked in detail at how to properly renew a certificate. But what happens if the owner, for one reason or another, ignored all the terms – both the main and the grace period? The consequences in such a case are very serious, quick and, most importantly, unavoidable. It is not just a temporary hardship, but a complete and permanent loss of one of the most valuable business assets.

3.1 Automatic termination of the certificate if the petition is not filed by the deadline

This is a key consequence. If you do not apply and pay the appropriate fee before the end of the six-month grace period, your certificate will terminate automatically. There will be no additional warnings, letters or reminders from UKRNOIVI. The Office simply makes an entry in the State Register about the termination of the certificate, and from the next day your trade mark becomes unprotected.

This process is completely formal and does not depend on the reasons why you missed the deadline. It doesn’t matter if you forgot, or were away, or your company had temporary financial difficulties. The law does not provide any “valid reasons” for reinstating missed deadlines at this stage. The end date of the grace period is the final point after which your brand legally ceases to exist as a protected object.

3.2 Loss of exclusive rights: what this means for your business

Automatic termination of a certificate is not just a change of status in the register. It’s the instantaneous loss of the entire set of exclusive rights you’ve had for the past 10 years. Here’s what this means in practice:

• Loss of monopoly: From this point on, anyone, including your direct competitors, can begin to legally use your name or logo for their goods and services. Your “shield” disappears.
• No defence: You can no longer stop others from using your brand. Any letters of complaint or lawsuits will be meaningless because you no longer have a legal basis for them – a certificate.
• Risk of brand hijacking: Your competitor can immediately apply for registration of your own name in his own name. And if he does it first, then in 1.5-2 years he will become the legal owner, and he will be able to prohibit you from using the name that you have created and developed over the years.
• Problems with the .UA domain: If you have a domain in the .UA zone, which was registered on the basis of your certificate, at the next renewal of delegation of the domain you will have problems, because the basis for its ownership has disappeared.
• Impairment of the asset: Your TM ceases to be an intangible asset. It can no longer be sold, gifted or licensed because legally it no longer exists.

In effect, your business returns to the state it was in before the initial registration – with an unprotected brand, vulnerable to any action by competitors.

3.3 Can a missed certificate be reinstated?

This is the most common question from owners who have missed the deadline: “Is there any way to ‘restore’ the validity of the old certificate?”. The answer is unambiguous and disappointing: no, you cannot. The legislation does not provide for any procedure for restoring, resuscitating or extending the validity of the certificate after the end of the grace period.

The only path you are left with is to go through the entire trade mark registration procedure from scratch. This means:

• Preparing a new set of documents.
• Pay all fees for initial registration, which are significantly higher than the renewal fee.
• Go through the full examination procedure, which will last 1.5-2 years.
• And, most importantly, you lose your priority. Your new application will be considered on the same basis. If someone else has applied for a similar mark while your certificate was not in force, they will be favoured. You risk losing your brand forever.

That is why renewing a TM certificate is not just a desirable, but a critical procedure. The price of a mistake here is not a fine, but a complete loss of rights to one of the key assets of your business.

Conclusions

To summarise, a trade mark certificate is a powerful but not perpetual asset. Its standard term is 10 years, and fortunately this period can be extended indefinitely, giving your brand virtually “eternal life”.

The key to preserving the rights to your brand lies in discipline and responsibility. Timely filing of a renewal application is a simple but critical procedure. Remember that ignoring it leads to unavoidable consequences – complete loss of rights without the possibility of their restoration. To avoid a catastrophic mistake, it is recommended to either put the final renewal date on your business calendar in advance, setting a reminder for a year and six months in advance, or to entrust the control of deadlines to professionals – patent attorneys, who will take this responsibility on themselves and guarantee the safety of your brand.