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; declaratory patent (formal examination) – valid six years as of the filing date.
Annuities: accumulated and due after the grant of the patent; subsequent annuities are payable after the anniversary of the filing date.
Opposition: possible, before court only.
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 three-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 (note: marks re-registered on the basis of the former Soviet Union registrations are due for renewal 10 years after the Ukrainian filing date, or the last renewal date in the former Soviet Union).
Opposition: possible, before court only.
Duration – renewals: after formal and novelty examination: 10 years from the filing date, renewable for one additional period of 5 years.
Opposition: possible, before court only.
Duration – renewals: one year, renewable yearly.
Uniform dispute resolution procedure: none.
Area: 603,628 sq. km.
Population: about 42,500,000 inhabitants.
Capital: Kiev, with about 2,900,000 inhabitants.
Language: Ukrainian (official).
Currency: Hryvna.
One of the most important ex-USSR republics, the Ukraine declared its independence in August 1991. Since October 1991 the Ukrainian Patent Office accepts patent and trademark applications and re-registrations of ex-USSR industrial property rights.
Industrial property protection in the territory of Crimea: although according to Ukrainian legislation, inventions, utility models, industrial designs, trademarks, service marks and appellations of origin (IP rights) registered in Ukraine remain valid on the territory of Crimea, as of March 18, 2014 de facto it is no longer possible to enforce them. As of this date, IP rights registered in the Russian Federation extend to the territory of Crimea and are enforceable there under Russian legislation.
Therefore, in case of a continued business activity in Crimea and ownership of an IP right registered in Ukraine but not in the Russian Federation, it is recommended to obtain registration for such IP right in the Russian Federation.
If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.
KATZAROV SA
Patent & Trademark Attorneys
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Geneva
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