Ukraine
Ukraine is a member of the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid Agreement and Protocol for trademarks, and the Hague Agreement for industrial designs. Trademarks are protected for 10 years (renewable), patents for 20 years, and industrial designs for up to 25 years. The .ua and .укр (Cyrillic) country code domains are open to all applicants without local presence requirements. This page covers the filing requirements, legal basis, and key deadlines for protecting intellectual property in Ukraine.
GENERAL INFORMATION
Area: 603,628 sq. km.
Population: 33,443,000 (estimated October 2024, not taking into account the occupied territories).
Capital: Kyiv.
Language: Ukrainian (official), Russian.
Currency: Hryvnia.
GENERAL REMARKS
Ukraine is a country in central-eastern Europe and the second largest country in Europe after Russia. Ukraine became an independent State in August 1991 after the split of the USSR.
PATENTS OF INVENTION
LEGAL BASIS
- Law of Ukraine on the Protection of Rights to Inventions and Utility Models, in force since July 1, 1994, last amended on March 20, 2023.
- Rules for drawing up, submitting and conducting an examination of an application for an invention and an application for a utility model, approved by the order of the Ministry of Economy of Ukraine dated September 9, 2024 No. 23301, registered with the Ministry of Justice of Ukraine on September 18, 2024 under No. 1411/42756.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, since December 25, 1991.
- Patent Cooperation Treaty, since December 25, 1991.
- (Not a member of Eurasian Patent Convention).
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- Specification and abstract (to be translated into Ukrainian; if filed in another language, the translation must be submitted within two months from the filing date);
- Drawings (3 sets);
- Priority document, if any (to be filed within three months from the filing date).
REMARKS
National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after formal and full examination – valid for 20 years from the filing date.
Annuities: the first annuity for the current year in which the patent was granted is paid only after granting. It must be paid within four months from the publication of the mention of grant of a patent. Each next annuity must be paid within the last four months of the current year of the patent term.
Opposition: possible within six months from publication of the patent application; and post-grant within nine months from publication of the grant of the patent.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Law of Ukraine on the Protection of Rights to Trademarks and Service Marks, in force since July 1, 1994, last amended on March 20, 2023.
- Rules for drawing up, filing an application for a trademark, an application for international registration of a trademark and conducting an examination of an application for a trademark, an international registration of a trademark with extension to Ukraine, approved by the order of the Ministry of Economy of Ukraine dated August 6, 2024 No. 19889, registered with the Ministry of Justice of Ukraine on August 19, 2024 under No. 1263/42608.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, since December 25, 1991.
- Madrid Agreement, since December 25, 1991.
- Madrid Protocol, since December 29, 2000.
FILING REQUIREMENTS
- Power of Attorney (not legalized);
- Representation of the sign to be protected (size 8 x 8 cm); in case of a label, max. size 14 x 14 cm;
- 5 black & white prints if claimed in b&w; 10 prints in color if colors are claimed;
- List of goods and services;
- Priority document (if the priority is claimed, to be filed within three months from the filing date).
REMARKS
Kinds of protection: trade and service marks (word marks, design marks, three-dimensional and other distinctive combinations thereof, in color or color combinations). Sounds, light signals and colors may be protected. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the registration date may lead to cancellation; nominal use (advertising, publications) is accepted in absence of actual use.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: possible within three months from publication of the trademark application.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law of Ukraine on the Protection of Rights to Industrial Designs, in force since July 1, 1994, last amended on March 20, 2023.
- Rules for drawing up and submitting an application for an industrial design and conducting an examination of an application for an industrial design and international registration of an industrial design, approved by the order of the Ministry of Economy of Ukraine dated March 7, 2024 No. 6237, registered with the Ministry of Justice of Ukraine on April 16, 2024 under No. 547/41892.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, since December 25, 1991.
- Hague Agreement, since August 28, 2002, Geneva Act, since December 23, 2003.
FILING REQUIREMENTS
- Power of Attorney (not legalized);
- General view of the article (picture) and other views – 2 sets;
- Specification of the design – 1 set;
- Priority document, if any (to be filed within three months from the filing date).
REMARKS
Duration – renewals: after formal and novelty examination: 5 years; Extension: four additional 5-year periods.
Opposition: possible, before court only.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation. The delegation of domain names in the country code top-level domain is regulated by the “Rules of the .UA domain” and Rules in the domain zone .УКР (Cyrillic).
FILING
- ccTLD: .ua and .ykp
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one year, renewable yearly.
Uniform dispute resolution procedure: available for .ua and .com.ua (variation of UDRP named UA-DRP) before WIPO Arbitration and Mediation Center.
Frequently Asked Questions — IP Protection in Ukraine
What documents are required to register a trademark in Ukraine?
To register a trademark in Ukraine, the following documents are required: a Power of Attorney (not legalized), a representation of the sign (8 x 8 cm; labels max. 14 x 14 cm), 5 black & white prints or 10 color prints, a list of goods and services, and a priority document if applicable (within 3 months from filing). Ukraine is a member of the Paris Convention, the Madrid Agreement (since 1991), and the Madrid Protocol (since 2000), so international registration via WIPO is also possible. Filing of word mark applications in the Cyrillic alphabet is highly recommended.
What kinds of trademarks may be registered in Ukraine?
In Ukraine, the following types of marks are registrable: word marks, design marks, three-dimensional and other distinctive combinations thereof, in color or color combinations. Sounds, light signals, and colors may also be protected. Service marks are registrable. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
How long is the trademark opposition period in Ukraine?
In Ukraine, any person may file an opposition within 3 months from the date of publication of the trademark application.
How long does trademark protection last in Ukraine?
Trademark protection in Ukraine lasts for 10 years from the filing date or last renewal date, and can be renewed for successive 10-year periods indefinitely.
Must a trademark be used in Ukraine?
Yes, use is compulsory. Non-use during any five-year period after the registration date may lead to cancellation upon request by any interested party. Nominal use (advertising, publications) is accepted in the absence of actual commercial use.
What are the routes for filing a patent in Ukraine?
Ukraine is a member of the Paris Convention (since 1991) and the Patent Cooperation Treaty (PCT, since 1991). Note that Ukraine is not a member of the Eurasian Patent Convention. Filing requirements include: a Power of Attorney (no legalization), a specification and abstract (to be translated into Ukrainian; if filed in another language, translation within 2 months), drawings (3 sets), and a priority document if any (within 3 months). For PCT national phase entry, the deadline is 31 months under both Chapter I and Chapter II. Patents are valid for 20 years from the filing date after formal and full examination.
Can a patent application or granted patent be challenged in Ukraine?
In Ukraine, opposition to a patent is possible at two stages: pre-grant, within 6 months from publication of the patent application; and post-grant, within 9 months from publication of the grant of the patent.
When are patent annuities due in Ukraine?
In Ukraine, the first annuity is paid after granting, within 4 months from the publication of the grant. Each subsequent annuity must be paid within the last 4 months of the current year of the patent term. Timely payment is essential to maintain the patent in force. For current deadlines and practitioner guidance, consult Katzarov's Manual on Industrial Property.
How do I register an industrial design in Ukraine?
Industrial designs in Ukraine are protected under the Law on the Protection of Rights to Industrial Designs (last amended March 20, 2023). Filing requires: a Power of Attorney (not legalized), a general view of the article and other views (2 sets), a specification of the design, and a priority document if any. Ukraine is a member of the Hague Agreement (Geneva Act, since 2003), allowing international registration. Protection lasts 5 years from the filing date, renewable for four additional 5-year periods (maximum 25 years). Opposition is possible before court only.
How do I register a .ua domain name?
Ukraine has two country code top-level domains: .ua (Latin script) and .укр (Cyrillic script). Both individuals and legal entities can register, and no local presence in Ukraine is required. Registration periods are 1 year, renewable yearly. A variation of the UDRP (UA-DRP) is available for .ua and .com.ua domains before the WIPO Arbitration and Mediation Center.
Does the power of attorney need notarization or legalization in Ukraine?
In Ukraine, the Power of Attorney for trademark, patent, and design filings does not require legalization or notarization. A simply signed POA is sufficient for all IP filings with UANIPIO.
Where can I search the Ukrainian trademark database?
Ukraine's trademark register is maintained by the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). Effective searching requires knowledge of the Nice Classification, Cyrillic transliteration rules, and interpretation of legal status codes. For comprehensive trademark searches and clearance opinions, contact Katzarov's team.
Where can I search for patents in Ukraine?
Patent records in Ukraine are maintained by the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). For professional patent searches, contact Katzarov's team.
What is the contact information for UANIPIO (Ukraine's IP Office)?
The Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) is located at 1 Glazunova Street, Kyiv 01601, Ukraine. Phone: (+380) 44 494 06 06. Email: office@nipo.gov.ua.
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