Ukraine

General information

  • Valid Nice Classification  – NCL 11-2018

  • Procedure of the TM registration in UA

Trademark Registration period in UA–  about 12-18 months from the date of filing. Proof of registration in UA – Certificate Procedures feature From the date of filing you should regularly monitor trade mark applications to check whether any of them conflict with your trade mark.

Step Term Official notification
Filing an application 1 day Notification with entr. number, Name of applicant, Date and time of filing
Formal examination 3-4 months from the date of filing fee payment Notification. If the Ukrpatent detects any error, they will send Notification with proposition to correct it. 2 months to answer.
Examination of absolute grounds for refusal 6-9 months after previous step Notification. If the application doesn’t meet requirements, they will send Notification – Provisional refusal. 2 months to answer.
Payment of registration, publication fees 3 months after previous step  Invitation for payment registration and publication fees .
Publication 1 months Certificate and publication

Requirements

1. The Applicant details

Legal Entity Physical person
The full official name (Engl. translitaration) The Name (as it is in the passport and/or Engl. transliteration)
 A Legal address  An address

2. The image of the TM (jpg), The verbal elements, other 3. Goods and services / classes NCL 11-2018 (we‘ll help you to choose the classes for your goods/services) 4. POA (scanned copy without legalization)

Representation by a trademark attorney Foreign applicants must perform the trademark prosecution in Ukraine through an agent, Ukrainian trademark attorney.

Priority document The priority document must be submitted within three months from filing a trademark application in Ukraine.

Translation. We translate from English/Russian into Ukrainian for free of charge.

There is no need for legalization and notarization. It must be submitted in 2 months after filing date (it could be a scan copy), and within 6 months  the original. We’ll help you fill the POA, please provide us with the full name and address of applicant, for the legal entity also the person for signature. We’ll send the POA to you after the filing of the application. Download POA for a legal entity poa_legal_entity Download POA for a natural person poa_natural_person

Fees

I. Stage
Filing costs* Cost (USD)
For the filing application before 1 classes 100
Every additional class 40
Priority 10
II. Stage
Filing costs* Cost (USD)
Publication Certificate granting 40
Every additional class 6
Grant for foreign physical person (a foreign legal entity) who permanently resides (is) outside Ukraine 200

* all bank charges should be paid by remitter. Correspondence fees are not included. Other additional costs for copying, typing is included, other possible additional service we’ll discuss preliminary.

Invention

Registration period – about 1,5-6 years from application filing date.

Proof of registration – Certificate.

Term of validity – 20 years from application filing date. Patent for invention can be extended for additional 5 years if the object of the patent is the medicinal product, animal or plant protection product, etc., when use of product requires permission of competent authority.

What can be protected: product (device, substance, microorganism strain, plant and animal cell culture, etc.); process (method); new use of the known product or process. Concept of process also includes methods of treatment, prevention or diagnosis of the specific disease.

Utility model

Registration period – about 5-8 months from application filing date.

Proof of registration – Certificate.

Term of validity – 10 years from application filing date.

What can be protected: product (device, substance, microorganism strain, plant and animal cell culture, etc.); process (method); new use of a known product or process. Concept of process also includes methods of treatment, prevention or diagnosis of a specific disease.

Invention

Step Term Official notification Deadline
Filing application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Ukraine – 31 months from the priority date.
Formal examination 2-3 months from filing fee payment Preliminary conclusion / Notification of completion of formal examination. Responding to formal examination request – 2 months from date of receipt2.
Substantive examination 1-5 years from filing of petition to proceed substantive examination Preliminary conclusion / Decision of grant/refusal. Filing petition to proceed substantive examination – within 3 years from application filing date2. Responding to Substantive examination request – 2 months from date of receipt2.
Grant and Publication within 3 months from grant fees payment Certificate Payment of grant and publication fees – 3 months from Grant decision receipt2.
Annuity fees each year Invitation to pay annuity fees Annuity fee payment – during last 4 months of current year of action3.

1—Term may be restored within 2 months, upon corresponding fee payment.

2—Term may be extended for 6 months, upon corresponding fee payment.

3—Validity of the patent can be renewed within 12 months after expiration of payment period, amount of official fees increases by 50%.

Utility model

Step Term Official notification Deadline
Filing application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Ukraine – 31 months from the priority date.
Formal examination 2-3 months from the filing fee payment date Preliminary conclusion / Decision of grant/refusal. Responding to formal examination request – 2 months from date of receipt2.
Grant and Publication within 3 months from grant fees payment Certificate Payment of grant and publication fees – 3 months from Grant decision receipt*.
Annuity fees each year Invitation to pay annuity fees Annuity fee payment – during last 4 months of current year of action3.

1—Term may be restored within 2 months, upon corresponding fee payment.

2—Term may be extended for 6 months, upon corresponding fee payment.

3—Validity of the patent can be renewed within 12 months after expiration of payment period, amount of official fees increases by 50%.

Invention/utility model

1. Applicant details (Download Applicant Form).

2. Inventor details (Download Inventor Form).

3. Number of International publication (PCT procedure) or Application materials: claims, description, abstract, drawings (non-PCT procedure; international application wasn’t published).

4. Ukrainian translation of the application (we prepare by ourselves).

5. POA (no legalization or notarization required).

6. Certified copy of the priority application (if priority is claimed).

Representation by the invention attorney: Foreign applicants must perform the invention/utility model prosecution in Ukraine through an agent, a registered in Ukraine invention attorney.

POA and Ukrainian translation of the application must be submitted within 2 months from the date of filing.

Priority documents must be submitted within 3 months from the date of filing.

Fees

I. Stage
Filing costs* Cost (USD)
For the filing application before 1 classes 100
Every additional class 40
Priority 10
II. Stage
Filing costs* Cost (USD)
Publication Certificate granting 40
Every additional class 6
Grant for foreign physical person (a foreign legal entity) who permanently resides (is) outside Ukraine 200

* all bank charges should be paid by remitter. Correspondence fees are not included. Other additional costs for copying, typing is included, other possible additional service we’ll discuss preliminary.

Literary works; computer programs; musical compositions; works of art and architecture, photographic works and their collection etc. are protected by Copyright law in Ukraine. The application may be filed in the name of natural person or legal entity. The procedure of copyright registration in Ukraine usually takes about 2-3 months.
  The general requirements for filing a copyright work are:

  1. Full name(s), address(es) and the date of birth(s) of the author(s);
  2. Full name(s), address(es) of the Right holder(s) (if differs from author);
  3. Title of the copyright work;
  4. Date of the creation of the work;
  5. A copy of the work in a material form printed or presented as computer file (if computer programs – in their initial form)

A signed Power of attorney is needed.