How to register a trademark?

How to register trademark rights in Ukraine

A trademark is a name, logo, combination of words and images, color, packaging shape, sound, or other designation by which a consumer distinguishes your goods or services from others. In Ukraine, the right to a trademark is acquired through state registration, and a certificate confirms this right. The registration is carried out by the National Intellectual Property Authority, whose functions are performed by the state organization "Ukrainian National Office of Intellectual Property and Innovations" (UANIPIO). (Law of Ukraine)

It is worth registering a mark before the brand becomes public and money is invested in it. The certificate gives the owner the right to use the trademark, prohibit its unlawful use by others, transfer the rights fully or partially, issue licenses, and use the protection sign in the form of the Latin letter "R" in a circle. Using the mark without the owner's consent in a domain name can also be a violation. (Law of Ukraine)

For a business, it is not only a protection tool but also an asset. After acquiring property rights and determining their value, trademark rights can be accounted for as an intangible asset, which opens the possibility for licensing, contributing to authorized capital, selling rights, or other commercialization. (IP Office (UANIPIO))

You can register not only a word or logo. The law explicitly allows words, proper names, letters, numbers, figurative elements, colors, shape of goods or packaging, sounds, and other designations if they are suitable for distinguishing your goods or services and can be displayed in the Register so that the scope of protection is clear and understandable. For sound, color, motion, multimedia, position, ornamental, and holographic marks, there are separate technical requirements for filing. (Law of Ukraine)

Not every designation can be monopolized. Legal protection will not be granted to, among others, state symbols, official names of states, emblems of international intergovernmental organizations, official hallmarks, seals, and awards. Likewise, designations that lack distinctiveness, have become customary, are purely descriptive, mislead regarding the product, service, or their manufacturer, consist of commonly used symbols and terms, or reflect only the shape determined by the nature of the product, technical result, or substantial value of the product itself will be refused. Separate descriptive or weak elements can be included in the mark as unprotected, and some of them may receive protection if they acquire distinctiveness through use prior to the filing date. (Law of Ukraine)

A refusal is also possible due to conflict with third-party rights. Designations identical or similar enough to cause confusion with previously registered or previously filed trademarks in Ukraine for the same or related goods and services will not be registered. Well-known marks, even without Ukrainian registration, commercial names, industrial designs, names and characters of famous works, as well as names, pseudonyms, portraits, and facsimiles of people famous in Ukraine without their consent can also be an obstacle. In some cases, the law allows registration with the consent of the owner of a previously acquired right, but only if it does not mislead the consumer. (Law of Ukraine)

Therefore, before filing an application, it is advisable to conduct a search not only for registered marks but also for filed applications and close conflicts. For this, UANIPIO provides a special information search system, and the list of goods and services should be formed according to the current edition of the Nice Classification (NCL). From January 1, 2026, NCL (13-2026) is applied in Ukraine. The more precisely the list of goods and services is formulated, the fewer the risks of receiving a request or refusal during the examination. (sis.nipo.gov.ua)

An application can be filed by a natural or legal person, as well as by several applicants jointly. The application is submitted in paper or electronic form, but one application must concern only one trademark. The electronic application is submitted exclusively through the UANIPIO information and communication system. Foreign applicants who do not have a permanent residence or location in Ukraine submit an application through an intellectual property representative unless otherwise established by an international treaty; an exception is possible when one of several applicants is a Ukrainian person and an address for correspondence in Ukraine is specified in the application. (Law of Ukraine)

The application is drawn up in Ukrainian. It must contain a request for registration, an image of the designation, and a list of goods and services grouped by the Nice Classification. If the documents are in another language, a Ukrainian translation is provided. The image of the mark is usually submitted in the size of 8 × 8 cm; if the sign contains small elements, the image should not exceed the A4 format. If the mark contains non-Cyrillic words, their transliteration is provided in the application. For a collective mark, a document defining the conditions of its use is attached. The power of attorney for the representative is submitted in an arbitrary written form, taking into account the requirements of the Civil Code; if it is drawn up in another language, a Ukrainian translation is attached. (Law of Ukraine)

Special requirements apply to non-standard marks. A sound mark is submitted with an audio recording in MP3 format up to 5 MB. A motion mark can be accompanied by a video recording in MP4 format with the AVC/H.264 or MPEG-/H.262 video codec, up to 20 MB. A video recording is also attached for a multimedia mark. If a color or combination of colors without contours is claimed, you must specify an internationally recognized color code, such as Pantone, RAL, or Focoltone, and submit a proper reproduction. (Law of Ukraine)

Separately, the right of priority should be considered. If you have already filed the same application in Ukraine or in a member state of the Paris Convention or the WTO, or have shown the sign at an international exhibition, you can claim priority within six months from the first filing or showing. The priority claim and supporting documents with a Ukrainian translation must be submitted within three months from the filing of the Ukrainian application. (Law of Ukraine)

Official payments consist of fees and state duty. For an application filed by one applicant, the fee is 4000 UAH for one class of the Nice Classification, plus 4000 UAH for each subsequent class, and plus 1000 UAH if the application contains a color image. If there are several applicants, 130% of the fee under code 40100 applies. For electronic filing, the fee under codes 40100 and 40200 is paid at 75% of the established amount. After a positive decision, 600 UAH is paid for the publication of the certificate issuance for each class, along with the state duty for certificate issuance: for persons permanently residing or located in Ukraine — 85 UAH; for persons outside Ukraine — 200 US dollars. If administrative appeal of the decision to the Appeals Chamber is needed, the fee for filing an objection is 6800 UAH. For an objection filed by a third party against an application at the examination stage — 2000 UAH. (Law of Ukraine)

The procedure begins with the filing of the application. The filing date is the date when the NIPA receives the minimum set: a free-form request in Ukrainian, applicant's details and address, a sufficiently clear image of the designation, and a list of goods and services in Ukrainian. The filing fee must be paid within two months from the filing date; this period can be extended, but not by more than six months, provided a request is filed on time and the corresponding fee is paid. If minimum requirements are met and the fee is paid properly, the applicant receives a notification of the established filing date, and details of the application are published in the Bulletin within five working days. (Law of Ukraine)

After this, formal and substantive examinations take place. Any person has three months from the publication date to file a reasoned objection against the application. If the examination finds grounds for refusal or needs clarifications, a notification or a preliminary conclusion is sent to the applicant. Additional materials are submitted within two months; if the deadline is missed, the application may be considered withdrawn, but under certain conditions, rights regarding the application can be restored within six months after the deadline expires. The NIPA's decision on the application can be appealed to court or to the Appeals Chamber within two months from receiving the decision or copies of opposed materials. (Law of Ukraine)

After the decision on registration, the procedure must be completed. Publication of the certificate issuance is carried out only after receipt of the document on payment of the state duty and the publication fee. If these payments are not received within three months from obtaining the registration decision, publication is not conducted, and the application is considered withdrawn. This term can also be extended up to six months or, for valid reasons, restored within six months after it expires. (Law of Ukraine)

The certificate is valid for ten years from the application filing date. The rights deriving from it are valid from the same application filing date, not from the date of certificate issuance. After registration, the owner can transfer exclusive property rights fully or partially, issue licenses, and a license agreement must contain, in particular, the methods of using the mark, territory, term, and a quality control condition. If the certificate has several co-owners, none of them can independently issue a license or transfer the right without the consent of the others. (Law of Ukraine)

Registration is not unconditional and eternal. The validity of the certificate can be terminated early if the mark is not used continuously in Ukraine for five years from the date of publication of the details on certificate issuance, if it has become a commonly used designation for a certain type of goods or services, or if, due to the method of use, it has begun to mislead the public. The certificate can also be invalidated in court if the mark did not meet the conditions of protection, if elements or goods/services absent in the application were included in the certificate, or if the certificate was issued violating the rights of others. The validity term of the certificate is extended every ten years upon request and payment of a fee: for one owner — 12000 UAH for one class and 1200 UAH for each subsequent one; for multiple owners — 130% of this amount; if the extension is executed during the six-month grace period after the deadline, the fee increases to 150%. (Law of Ukraine)

For an entrepreneur, the best strategy looks like this: first check the sign in the UANIPIO search system, then carefully form the list of goods and services according to the Nice Classification, then submit separate applications for those brand variants that the business really needs as independent objects of protection — for example, a word mark, a logo, or a combined mark. This is especially important for names in Cyrillic and Latin if the business uses both variants in advertising, on the website, in contracts, or on packaging. Since one application covers only one trademark, separate variants are filed separately. To go beyond Ukraine, Ukrainian registration by itself does not provide protection abroad; for foreign states, international registration under the Madrid System via UANIPIO can be used. (Law of Ukraine)

In practice, this rule works strictly. In March 2025, the Supreme Court specifically noted that the validity of a trademark certificate can be terminated early due to continuous five-year non-use. For a business, this means that after registration, it is not enough to simply "hold" the certificate: one must retain evidence of actual use of the mark — on packaging, in advertising, on the website, in business documentation, in contracts, invoices, acts, screenshots of web pages, and other materials. (Supreme Court of Ukraine)

Trademark registration checklist

Official sources

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