How to Register a Trademark in Ukraine and Protect Your Store Name

To protect a store name or logo in Ukraine, determine who will own the trademark, search for similar signs, and prepare an accurate list of the goods and services for which you need protection. Then file an application with the Ukrainian National Office for Intellectual Property and Innovations (UKRNOIVI), pay the fee, and monitor examination notices. Registering a company name or domain does not replace trademark registration.

A certificate protects a specific sign for specified goods and services within Ukraine. It is valid for ten years from the filing date and may be renewed for successive ten-year periods. The owner must pay fees on time, keep evidence of trademark use, and respond to infringements. Filing an application and paying fees do not, by themselves, guarantee registration.

Determine what exactly you need to protect

A trademark (TM) is a sign that lets buyers distinguish one entrepreneur’s goods or services from those of others. For a store, it may be the name on the storefront sign, the online store logo, or the name of a proprietary product line.

Under Article 5 of the Law of Ukraine “On the Protection of Rights to Signs for Goods and Services” dated 15.12.1993 No. 3689-XII, protection may be granted to words, letters, numbers, images, colors, the shape of goods or packaging, sounds, and combinations of these. The sign must be capable of distinguishing goods or services, and its representation in the register must clearly define the scope of protection.

Buying a domain does not establish rights to the corresponding TM. Using someone else’s mark in a domain name may infringe the owner’s rights under Article 20 of Law No. 3689-XII. An earlier acquired right to a commercial name known in Ukraine—the name by which a business is recognized—may prevent registration of a similar TM for the same or related goods and services.

The scope of protection is determined by the sign and the list of goods and services in the register. Registration does not give an unconditional right to prohibit use of a word in every field: the law provides exceptions that must be considered in disputes.

Choose the mark’s owner before ordering a sign or packaging

An applicant may be a natural person, a legal entity, or several persons jointly. A natural person may file an application even before starting business activity. This is provided for by Article 5 of Law No. 3689-XII and Article 493 of the Civil Code of Ukraine dated 16.01.2003 No. 435-IV.

If an individual entrepreneur (FOP) operates the store, enter that individual’s details in the application. If a company is to own the rights, identify the legal entity by its full name and address. The applicant seeks rights to the mark; a representative carries out assigned actions. If the store administrator or designer will file documents or correspond with UKRNOIVI on your behalf, name them as the representative and formalize their authority. Preparing documents alone does not require appointment as a representative.

Agree in writing with your partners on who will own the mark, who will pay for registration, and who may authorize its use. If there are several co-owners, enter into an agreement on joint use. Without such an agreement, each may use the mark independently, but the consent of the other co-owners is required to issue a license—permission to use the mark—or transfer rights. This condition is established by paragraph 3 of Article 16 of Law No. 3689-XII.

If a designer creates the logo, enter into a written agreement with them. Agree on the economic rights under copyright, including the rights to use the image and to authorize and prohibit its use, and specify the methods of use, whether the logo may be changed, and whether it may be filed for registration as a TM. Keep the agreement, the work acceptance certificate, and the final files: registering the mark does not eliminate a possible dispute over someone else’s work.

Who may file documents

A Ukrainian applicant may act independently, through a patent attorney—a registered representative in intellectual property matters—or through another trusted person. A person with the appropriate authority signs documents on behalf of a company.

For foreigners, stateless persons, foreign legal entities, and other persons permanently residing or located outside Ukraine, Article 4 of the Law requires representation through a patent attorney.

The Rules for Preparing, Filing, and Examining Trademark Applications, approved by Order of the Ministry of Economy of Ukraine dated 06.08.2024 No. 19889, take into account exceptions under international treaties. They also allow filing without a patent attorney when there are several applicants, provided at least one does not belong to the listed categories and an address for correspondence in Ukraine is specified.

If you prepare a written power of attorney for a representative, specify:

• the date it is executed;
• the person issuing the power of attorney and the representative;
• UKRNOIVI as the authority where the representative will act;
• the specific actions the representative may perform.

The person issuing the power of attorney signs it. On behalf of a legal entity, it is signed by the head or another person authorized by law or the founding document; if the entity has a seal, the power of attorney is certified with it. If the power of attorney is in another language, attach a Ukrainian translation. The Rules do not establish a general requirement to notarize every such power of attorney. The procedure for issuing, and the term of, a power of attorney issued outside Ukraine are determined by the law of the state where it was issued.

If the representative is identified in the relevant section of an application signed by the applicant, a separate document confirming their authority may be omitted. The authority to withdraw an application or transfer the right to obtain a certificate must be specified separately.

Choose what to register: the name, logo, or combination

One application must relate to one trademark. Gather the versions you will use on the storefront, website, labels, and in advertising, and decide which ones should be registered first.

• Word mark consists of words, letters, numbers, or other standard typographic characters. Consider this option if buyers recognize the store primarily by its name.
• Figurative mark covers a graphic sign without word elements.
• Combined mark combines different elements into one unified sign, such as a name and an image.

You may file separate applications for the name and graphic symbol, or one application for their composition. The choice depends on what needs protection and how the store will use the signs. Registering a composition does not automatically grant a separate certificate for each part.

Assess Ukrainian and Latin-script spellings in light of actual use. There is no obligation to register a name in every language. A different alphabet also does not eliminate the risk of similarity: examination considers the sound, appearance, and meaning of signs.

For a color image, specify the colors for which you seek protection and ensure their names match the file. If you claim a color alone, without outlines, state its number in an internationally recognized identification system and attach examples of use. Choosing a color does not itself ensure registration: the sign must enable buyers to distinguish the goods or services of different persons.

Historical example of a certificate. The design of a current document may differ.

Screen out names that may be refused

Before paying for design and making a storefront sign, assess the name under Articles 5–6 of Law No. 3689-XII. Consider these risks:

• Descriptiveness. The sign merely names the goods, their quality, purpose, or another characteristic.
• Lack of distinctiveness. Buyers perceive the sign as ordinary information or decoration and do not associate it with a particular business.
• Likelihood of misleading. The name or image creates a false impression about the goods, their origin, properties, or manufacturer.
• Conflict with earlier rights. The sign may be confused with an earlier registered or filed mark for the same or related goods and services.
• Supplier’s mark. If you act as an agent, distributor, or other representative of the owner of a foreign mark, obtain its permission before filing an application in your own name. If the owner objects and there is no evidence justifying the filing, filing without permission is grounds for refusal.
• Common names, symbols, and terms. Determine whether the sign consists only of the ordinary name of the relevant goods or services or symbols and terms commonly used in that field. These signs are subject to specific grounds for refusal.
• Shape of goods. If registering the shape of goods or packaging, assess whether it is determined solely by the natural state of the goods, the need to achieve a technical result, or giving the goods substantial value.
• Conformity marks. Compare the sign with registered certification marks—signs of conformity with established requirements. Identity or similarity that may cause confusion can also prevent registration.
• Other people’s works and other protected objects. Determine the legal basis for reproducing someone else’s industrial design—a protected appearance of a product. For works of art and their fragments, titles of works of science, literature, and art known in Ukraine, quotations and characters from them, obtain consent from the copyright owner or successor if consent is required. If the work is in the public domain, prepare relevant evidence. Reproducing the surname, name, pseudonym, or derivatives of these, portrait, or facsimile—the reproduction of a signature—of a person known in Ukraine requires that person’s consent.

What to consider in names of proprietary goods

If a product name contains a geographical indication—a name that points to the product’s origin in a particular place and to qualities, reputation, or other characteristics associated with that place—determine whether it is protected in Ukraine and whether you have the right to use it.

For the same or related goods, using the reputation of an earlier filed or protected geographical indication or misleading buyers about the product’s quality, characteristics, or origin may be an obstacle. For agricultural products and foodstuffs, the Rules provide an exception: the applicant must prove good-faith use of the sign before filing the application for the geographical indication, and the circumstances of use must exclude misleading buyers.

For foodstuffs, also determine whether the names of any registered traditional specialities guaranteed—protected names for corresponding products—would prevent your registration. An obstacle may arise if your application concerns the same or related goods and was filed after an application to register that name or grant it protection.

The Rules allow an exception if the applicant proves good-faith use of its sign before the application for the traditional speciality guaranteed was filed, and the circumstances of use exclude misleading buyers about the goods or producer.

For plants and related goods, also determine whether the sign reproduces an earlier filed or protected variety denomination for the same or related species. If you find such a name, check its status. Under paragraph 11 of Chapter 8, Section VI of Rules No. 19889, this ground for refusal does not apply to modified variety denominations, applications considered withdrawn on the date your application is filed, varieties whose registration of rights was refused by that date, or varieties whose rights were declared invalid.

It also does not apply if the economic rights to the variety were terminated early before the decision on your application. Give your patent attorney information about the relevant status to prepare a response to the examination.

When evidence of use or separate permission is needed

Hypothetical example. For a shoe store, the name “Quality Shoes” directly describes the assortment and its claimed characteristic. In that case, consider a name that better distinguishes the store. Adding a simple decorative element requires an assessment of the overall composition and does not guarantee that the grounds for refusal will be removed.

For some descriptive and other signs, the law permits protection if, before filing the application, they acquired distinctiveness through use. To substantiate this, prepare evidence of the volume and duration of sales, advertising, and recognition among relevant buyers. Separate elements may also be included in a mark without independent protection if they do not occupy a dominant position.

State symbols, official state names, and other signs listed in paragraph 1 of Article 6 are subject to special restrictions. Including them as unprotected elements requires consent from the competent authority or owner.

If the sign depicts or imitates the official name or international letter code of the state of Ukraine, permission from the relevant UKRNOIVI commission and a separate fee under code 40400—UAH 24,000, excluding applicable reductions—are required. The commission’s permission is also required to include an imitation of the small State Emblem of Ukraine.

1. Within two months of receiving UKRNOIVI’s notice that permission is required, submit a request to the commission for permission to be granted. If you need an extension to meet the requirements in the notice, submit the relevant request and pay the fee before the deadline expires.
2. For inclusion of the name or letter code, pay the fee within two months of receiving the notice. If needed, submit a request for an extension and pay the corresponding fee before the deadline expires.
3. Keep the commission’s notice that the request has been accepted for consideration: examination of the application is suspended from the date the notice is sent. It resumes from the date the commission’s decision is sent to the department conducting the examination.

If the payment deadline is missed, rights may be restored under the conditions in Chapter 2, Section VII of Rules No. 19889. The sign must comply with public order, morality, and statutory prohibitions on symbols.

The consent of the owner of an earlier right may remove an obstacle only in the cases expressly provided for in paragraph 6 of Article 6, and only if there is no possibility of misleading buyers. Before paying for an agreement on consent, ask a patent attorney whether it would help in your particular situation.

Search for similar trademarks

Start with the Special Information System of UKRNOIVI. Search both applications and protection documents: applications may cover signs for which certificates have not yet been issued.

1. Enter the full name, then its main part and possible spelling variants.
2. Search separately for Ukrainian and Latin-script spellings, words with similar sounds, and variants with different endings.
3. Open the records you find. Compare images, applicants, legal status, goods and services, and filing or priority dates—priority being precedence that may be established on the basis of an earlier application or exhibition display.
4. For terminated certificates, find out the reason and date of termination.
5. Assess similar signs for related goods and services, even if they fall into different classes—groups in the classification of goods and services.
6. Keep the numbers of potentially conflicting applications and certificates. Before filing your own application, discuss with a patent attorney which ones may prevent registration.

If a certificate was terminated because the owner waived it or failed to pay the renewal fee, the restriction in Article 22 of the Law applies. For two years, only the former owner may register the mark again, unless they consent to another person doing so. Therefore, a certificate’s terminated status does not in itself mean the sign is available for registration.

For international registrations that may be effective in Ukraine, also use the Global Brand Database and Madrid Monitor search services of the World Intellectual Property Organization (WIPO). You can access them from the UKRNOIVI trademark page.

An empty result from a single query does not confirm that there is no conflict. Similarity may arise from sound, composition, or meaning. Earlier commercial names and well-known marks may also be obstacles. Protection for a mark well known in Ukraine may extend to unrelated goods and services if use of the sign would indicate a connection with the owner of the well-known mark and may harm the owner’s interests. This is provided for by Articles 6 and 25 of the Law.

Based on the search results, discard clearly risky options and prepare specific questions about the remaining ones. The final decision on the application is made after examination.

Choose the goods and services that need protection

The Nice Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) groups goods and services into classes. In the application, specify particular names and group them according to the version of the classification in effect on the filing date. The entry “all goods in class” is not allowed.

Make a list of what you will mark: store services, proprietary goods, or both. Separately select specific names under the Nice Classification for store services and products under your own mark, and determine the classes. Registering a mark for store services does not replace registering it for your own products. Make general wording such as “trade” or “sale of goods” more specific in accordance with the Nice Classification.

Hypothetical example. An entrepreneur uses one name for an online store and a proprietary clothing line. In the application, they separately specify the store services and the goods whose labels will carry the name. The list of classes depends on the assortment and how the mark is used.

Do not conclude that there is no conflict merely because the class numbers differ. Under Rules No. 19889, goods and services may be related even when they fall into different classes, or unrelated within a single class. Their purpose, buyers, sales channels, and possible perception of a common origin all matter.

Before filing, compare the list with your business development plan. Immediately after filing, check the names of the goods and services because different deadlines apply to changes:

• Reducing the list. File a statement so that UKRNOIVI receives it no later than the document confirming payment of state duty for issuing the certificate. If the change arose from circumstances within your control, pay the fee under code 40906—UAH 1,600, excluding applicable reductions. Pay it no later than when UKRNOIVI receives the statement: if you pay later, the statement will be deemed received on the date the fee is paid.
• Correction of an obvious or technical error in the list. The statement must be received no later than the date the notice establishing the application filing date is sent. The correction must not go beyond the initial list.
• Adding new goods or services outside the initial list. A separate application is required for them.

Prepare and file the application

Applications are accepted by UKRNOIVI, which performs the functions of the National Intellectual Property Authority (NIPA). Prepare documents under Articles 7–8 of Law No. 3689-XII and Sections III–IV of the Rules No. 19889.

1. Complete the application in Ukrainian. Use the form in Appendix 1 to the Rules. Provide the applicant’s details, address, contact information, correspondence address, and representative, if any.
2. Attach a clear image of the sign. For an ordinary image, the Rules prescribe a size of 8 × 8 cm, or no more than A4 if it has small elements. Prepare the electronic file in accordance with the technical requirements of the filing system.
3. Attach the list of goods and services. Group the precise names by Nice Classification class in ascending numerical order.
4. Attach documents for your situation. These may include documents confirming a representative’s authority, priority, consent to use a particular element, or evidence of acquired distinctiveness. For each application document in a foreign language, attach a Ukrainian translation.
5. Sign the application and state the signing date. Next to the signature, state the signatory’s first and last name. For a company, also state the authorized person’s full job title and affix the company seal, if any. Sign additional sheets containing application information in the same way. If there are multiple applicants, all applicants or their common representative must sign.
6. File the documents using the chosen method. Submit a paper application in one copy, either in person or by mail. Submit an electronic application through UKRNOIVI’s information and communication system using a qualified electronic signature.

If not all co-applicants have a qualified electronic signature, the electronic application may be signed by a representative or one of the co-applicants who has such a signature and a power of attorney from the other applicants.

If the word element uses an alphabet other than Cyrillic, complete the transliteration field—the rendering of spelling in the letters of another alphabet. For a foreign-language sign, state its Ukrainian translation if possible. You do not need to replace the mark itself with a Ukrainian translation because of the language requirement for documents.

Find the form, electronic filing access, and information on paper filing on the UKRNOIVI page “Торговельні марки” (“Trademarks”). An ordinary email with an attachment is not a prescribed way to file an application.

After filing, keep the confirmation of receipt of the documents with the application number. Then check that you receive a notice establishing the filing date.

If the initial materials are insufficient to establish the date, remedy the deficiencies within two months of receiving the notice. The filing date will be the date UKRNOIVI receives the last of the corrected materials. This may affect priority over other applications. If the deficiencies are not remedied within this period, the application will be deemed not filed.

When you can claim priority

Priority is precedence that, under the conditions established by law, is tied to an earlier application or an exhibition display. If you claim priority based on an earlier application, take into account the conditions in Article 9 of Law No. 3689-XII:

• The subsequent application must reach UKRNOIVI within six months of filing the earlier application with the Ukrainian office or the relevant body of a state party to the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization.
• The applicant of the earlier application or their successor—a person to whom the relevant right has passed—may exercise this right.
• Priority applies to the same mark and goods and services that correspond to or are covered by the earlier list, provided no priority was claimed for the earlier application.

If the earlier application was filed with UKRNOIVI, determine whether a filing date was established for it. Priority is not established on the basis of an application deemed not filed because deficiencies in the initial materials were not remedied.

For exhibition priority, the application must reach UKRNOIVI within six months of the first public display of an exhibit bearing the mark at an official or officially recognized international exhibition in the territory of a state party to the said convention or agreement. Priority is established only for goods and services confirmed by the document of display.

Within three months of filing the Ukrainian application, submit a priority statement and supporting documents:

1. For priority based on an earlier application, state its filing date and number. If the earlier application was foreign, attach a copy and a Ukrainian translation.
2. For exhibition priority, attach a document confirming the official or officially recognized status of the international exhibition in the territory of a state party to the said convention or agreement.
3. Check the contents of the exhibition document: it must identify the person who exhibited the goods or services, an image of the mark, the names of those goods or services, and the date the exhibit was first displayed.
4. Submit the original exhibition document or a duly certified copy bearing the signature of an authorized representative of the exhibition and the organizer’s seal, if any. Attach a Ukrainian translation of a foreign-language document.

Missing the three-month deadline results in loss of the right to priority. Posting the name on social media does not create this right.

Calculate registration costs

For your budget, account for the number of applicants and classes, a color image, and the filing method. Fee rates are established by the Procedure approved by Resolution of the Cabinet of Ministers of Ukraine dated 23.12.2004 No. 1716. Designer, search, and representative services are paid separately by agreement.

Hypothetical calculation. One applicant files an electronic application for a black-and-white sign in two classes, without special reductions. Filing fee: (4,000 + 4,000) × 90% = UAH 7,200. If the decision is positive, the publication fee for two classes will be 600 × 2 = UAH 1,200. These two fees total UAH 8,400. State duty and any ordered services are paid separately.

How to account for the veteran entrepreneurship reduction

Paragraphs 3-6–3-9 of the Procedure provide for entities engaged in veteran entrepreneurship to pay 50% of the prescribed trademark fee. For a joint application with a person without this status, 75% is payable. Status is confirmed when NIPA receives information from the relevant state register.

If several reductions are available to you at the same time, apply the one that results in the lower amount. Do not multiply the percentages together.

Before applying the reduction, consider the conditions that apply if the applicant later changes or rights are transferred. Replacing an applicant with veteran entrepreneurship status with a person without this status requires paying the difference between the reduced fees paid for the last three years and their full amounts. The same condition applies to a transfer of rights to a person without this status within five years of state registration.

How to pay the filing fee

1. Determine the deadline. Pay the fee before the end of two months from the application filing date.
2. Arrange an extension in advance if needed. Before the deadline expires, file a request for an extension of no more than six months and pay the fee for the request.
3. Check the rate and payment details. Use current UKRNOIVI information so the payment can be attributed to your application.
4. Complete the main payment details. State the payer, the Ukrainian word “збір” (“fee”), the type and code of the fee, and the amount.
5. State the application number. Use the number assigned by UKRNOIVI. If it has not yet been provided, state the serial number you assigned when filing the application.
6. Add the country code if needed. It is required for a payment made on behalf of a natural person permanently residing outside Ukraine or a legal entity located outside Ukraine.
7. State the basis for the reduction. If you pay a reduced fee, specify the paragraph of the Procedure that provides for the relevant reduction.
8. Keep the payment document. You may need it to confirm that payment was timely.

If the UKRNOIVI account statement does not show the application number, or funds are credited after the payment deadline, attach to the application materials a paper settlement document with the details required under paragraph 5 of Procedure No. 1716. If funds are credited later, the date on this document is taken into account to determine whether payment was timely.

Monitor correspondence and examination deadlines

Under Article 10 of Law No. 3689-XII, an application undergoes formal and substantive examination. The formal examination checks documents, the list of goods and services, and payment of the fee, and establishes the filing date. The substantive examination assesses whether the sign may receive legal protection and considers objections from others.

Assign one responsible person—the owner or representative. They should record the date each document is received, the required action, and the deadline. If correspondence is handled by a representative, the period begins on the day after the representative receives the document.

When documents are considered received

For electronic filing, take UKRNOIVI’s working schedule into account. An electronic application filed on a non-working day is considered received on the first following working day. For electronic documents filed after the application, the same transfer to the next working day applies if they are sent after the end of UKRNOIVI’s working day. Send responses in advance and monitor notices confirming their receipt.

For an electronic application, regularly check your personal account. A UKRNOIVI document is considered received on the day the recipient’s electronic delivery confirmation arrives. If no receipt confirmation arrives more than a month after the document is delivered to the account, the receipt date is considered the first day after a month has elapsed from the day it was sent to the account. A response or payment deadline may begin on this date, even if you have not read the document.

For paper correspondence, the responsible person should regularly collect registered mail at the correspondence address. If a letter is returned for reasons beyond UKRNOIVI’s control, the documents are considered duly served. The receipt date is the date of the postal notation stating the reason for non-receipt, and a response or payment deadline may begin on that date.

Deadlines to add to your calendar

In your response to a preliminary opinion, address every possible ground for refusal: compare the signs and goods and services, add relevant evidence, or consider an allowable reduction of the list. If you need to see materials cited by examination, request them within one month of receiving the relevant notice or opinion.

The deadlines to remedy formal deficiencies, submit additional materials, respond to a preliminary opinion, deliver the state duty payment document, and pay the publication fee may be extended by no more than six months. Before the relevant deadline expires, file a request and pay the fee. A second extension of the same deadline under this procedure is not allowed.

If you miss the deadline for a response or final payments, to restore rights within six months after the relevant deadline expires:

1. File a separate request.
2. Explain in it the valid reasons for missing the deadline and what appropriate measures you took to meet it.
3. Complete the missed action.
4. Pay the fee for the request.

If you need to extend or restore both final payment deadlines, explicitly specify both actions in the request and pay the two corresponding fees: for extension, under codes 41800 and 41900; for restoration, under codes 42000 and 42100. Paying one fee does not cover both actions. After the request is considered, check UKRNOIVI’s notice for each deadline. Take into account the limitation in Rules No. 19889: restoration does not apply to deadlines already extended under this procedure.

What to do after an adverse decision

Under Article 15 of the Law, an applicant under a national application may appeal a decision to the court or to the Appeals Chamber—a collegial body of NIPA that considers objections to its decisions. The appeal period is two months from receipt of the decision or of copies of materials requested within one month of receiving the decision under paragraph 3 of Article 10. To appeal to the Appeals Chamber, file an objection and pay the fee within this two-month period. If the fee is not paid on time, the objection is considered not filed.

If you receive a partial refusal, assess grounds for appeal before paying the state duty for certificate issuance. This payment deprives the applicant of the right to appeal the decision to the Appeals Chamber.

If you disagree with a decision of the Appeals Chamber approved by UKRNOIVI, you may appeal it to the court within two months of receiving the decision. This right also belongs to a person who filed an objection to the application and appealed the UKRNOIVI decision to the Appeals Chamber.

The Law does not set a general guaranteed deadline for completing registration. When planning the store launch, decide when you are prepared to start using the name in view of the identified risks. Your packaging procurement plan should account for possible waiting and an adverse application decision.

How to calculate deadlines during martial law

As of 31 May 2025, the Law of Ukraine dated 16.04.2025 No. 4362-IX restored the running of deadlines previously suspended by a special law in the field of intellectual property. Martial law itself does not allow you to defer payment or a response to an examination request.

If deadlines for your application were suspended, determine the unused portion of each deadline with your representative. From 31 May 2025, each period resumed taking account of the time elapsed before suspension, but for at least 75 days.

A separate rule concerned certificate renewals. If a fee payment deadline fell during the period in which Law No. 2174-IX was in force and the fee remained unpaid on 31 May 2025, payment within 75 days of that date was considered timely. In that case, the certificate was renewed for ten years from the end of its previous validity period.

For an old application or certificate, compare UKRNOIVI notices, payment dates, and validity information with these conditions. Determine whether payment was timely and whether any actions remain outstanding. The transitional rules do not add 75 days to the deadlines for every new application.

Complete registration and plan to renew the certificate

After a decision to register, pay the state duty for issuance of the certificate and the publication fee. Under Article 12 of Law No. 3689-XII, within three months of receiving the decision, the payment document for the duty and the publication fee must reach NIPA. Otherwise, without a proper extension or restoration, the application will be deemed withdrawn.

If an objection was filed against the application, following a fully or partially favorable decision, consideration of the application and the running of the deadline for final payments are suspended for the period during which the person who filed the objection may appeal that decision. They have two months from receipt of a copy of the decision to apply to the Appeals Chamber. If the appeal is accepted for consideration, the suspension continues until the Appeals Chamber’s decision is approved. The owner or representative responsible for the application must record the suspension and resumption dates and determine the remaining period for final payments.

State registration takes place at the same time as publication of the notice of certificate issuance. Under Article 14, the certificate is issued within a month after registration. Check the owner, image, goods and services, and keep the document with the application materials.

The certificate owner may use the ® symbol, which indicates registration of the mark in Ukraine. Filing an application alone is not grounds for using this marking.

The certificate’s ten-year validity period is calculated from the application filing date. Immediately add its expiration date and the start of the final six months of validity to your calendar. Pay the fee during those six months. Ensure that both the fee and the renewal request reach UKRNOIVI before the current period ends.

Under paragraph 2 of Article 18 of Law No. 3689-XII, renewal is also allowed for six months after the prescribed deadline, but the fee is increased by 50%. Use this option to remedy a missed deadline, and plan ordinary payment before the certificate expires.

Keep evidence of trademark use

Continuous non-use of a mark in Ukraine for five years from publication of the notice of certificate issuance, or a subsequent five-year interruption, gives any person grounds to apply to the court for early termination of the certificate in whole or in part. Termination does not occur automatically on the day after five years.

Regularly keep documents that link the mark to specific goods or services and to the dates they were offered or sold:

• photographs of labels, packaging, and storefront signs together with documents that help establish when they were used;
• catalogues, advertisements, and saved website pages;
• contracts, delivery notes, and other documents that identify the relevant goods or services and the mark;
• license agreements and confirmation of use by persons you authorized to use the mark.

A logo file alone does not show that the store used it in business activities. Collect related documents for each business area operating under the mark.

Before changing the logo or spelling of the name, ask a patent attorney whether a separate application is needed. Under paragraph 4 of Article 16 of Law No. 3689-XII, use of a modified sign counts as use of the registered mark only if differences in individual elements do not alter its overall distinctiveness—the characteristic features by which it is recognized. Keep evidence of use of the relevant version.

In a dispute, prepare evidence of use or substantiate valid reasons for non-use. Paragraph 4 of Article 18 includes circumstances that prevent use irrespective of the owner’s will, including legislative restrictions on imports or other requirements for goods and services. Explain how the specific circumstances prevented use of your mark.

Starting or resuming use before a lawsuit is filed may prevent termination of the certificate. However, the law contains an exception for preparations begun within three months before the lawsuit after the owner learned that it might be filed. Take this condition into account if use of the mark had ceased for a long time.

Monitor names and information on packaging and in advertising

Under paragraph 3 of Article 18 of Law No. 3689-XII, a court may terminate a certificate if the mark has become a common name for a particular type of goods or services. The same consequence is possible if use of the mark by the owner or with their permission may mislead the public, including as to the origin, quality, or geographical origin of goods and services.

If the ground concerns only some of the goods or services, termination is limited to that part. To reduce the risk, use the mark alongside the name of the type of product and check the accuracy of information on packaging and in advertising, including that of partners.

Act consistently if a competitor uses a similar name

First compare the disputed use with the scope of your rights. Under paragraph 5 of Article 16 of Law No. 3689-XII, an owner may prohibit use of an identical sign for the goods and services listed in the certificate.

If the goods or services are only related to those listed in the certificate, even for an identical sign there must be a likelihood of confusion, including an association with the mark. For a similar sign, this condition applies both to the goods and services listed in the certificate and to related goods and services. In all cases, take statutory exceptions into account.

1. Preserve evidence lawfully. Record the page address, date, seller’s name, advertisement, goods, and packaging. If you make an ordinary purchase, keep the receipt, correspondence, and goods received. Do not access someone else’s private accounts.
2. Gather documents about your rights. Prepare the certificate, current information about its validity, the list of goods and services, and documents transferring rights if the owner has changed.
3. Determine whether exceptions apply. Establish whether the case involves a genuine product, descriptive use, or an earlier acquired right.
4. Identify a specific demand. Work with a lawyer to prepare a request that the disputed use be stopped. Specify the sign, goods, pages or other objects, and legal grounds for the demand.
5. Go to court if needed. Together with a lawyer, determine the appropriate legal remedy, the evidence of infringement, and the grounds for monetary claims.

When use of someone else’s mark may be permitted

A rule on the further sale of goods matters for retail trade. The owner cannot prohibit such sale if they, or another person with their consent, have already put the goods into circulation under the trademark. However, the owner may have valid grounds to object to further sale, for example because the condition of the goods has been changed or impaired.

Before demanding that use of a mark cease, also take into account the exceptions in paragraph 6 of Article 16 of Law No. 3689-XII:

• Descriptive signs for characteristics of goods or services may be used in trade if there are no signs of infringement of the trademark owner’s rights.
• Another person’s mark may be used if necessary to indicate the purpose of goods or services, including spare parts or additional equipment, and the use is consistent with honest business practices.
• In comparative advertising, use another person’s mark exclusively to distinguish goods and services and objectively emphasize their differences. Such use must comply with honest business practices, advertising legislation, and legislation on protection against unfair competition.
• The exceptions cover non-commercial use, news reporting and commentary on it, good-faith use of one’s own names or addresses, and exercise of a previously acquired right.
• If the mark contains a geographical indication, its owner cannot prohibit others from using the corresponding geographical name in good faith.

Compare the disputed use with the relevant exception before sending a demand to the competitor.

Under Article 500 of the Civil Code of Ukraine, a prior user’s right belongs to a person who, for the purposes of their activities, used the mark in Ukraine in good faith or made significant and serious preparations for such use before the filing date of another person’s application, or, if priority was claimed, before the priority date. That person may continue the relevant use free of charge or commence the use covered by the preparations.

What claims may be made

Under Articles 20–21 of Law No. 3689-XII, an owner may demand that the infringement cease, seek damages or compensation instead of damages, and seek other remedies provided by law.

The court determines compensation taking into account the extent of the infringement, fault, and other material circumstances. It may not be less than the fee that would have been paid for permission to use the mark. If the infringement was unintentional and without negligence, compensation equals that fee.

There is no single automatic penalty for every infringement. The court will assess the scope of rights, circumstances of use, evidence, and exceptions, so a certificate does not guarantee success in a dispute. The certificate itself may also be invalidated in whole or in part on the grounds in Article 19 of the Law.

Give partners permission to use the mark

If another entrepreneur or manufacturer will operate under your registered mark, enter into a written license agreement signed by both parties. Grant only rights that are in force, and set the term of permission within the period those rights remain valid. Protection under a Ukrainian certificate is limited to the territory of Ukraine.

Under paragraphs 8–9 of Article 16 of Law No. 3689-XII, specify in the agreement:

• the methods of using the mark;
• the territory and term of permission;
• a condition that the quality of the partner’s goods and services will be no lower than the quality of the mark owner’s goods and services, and that the mark owner will monitor compliance with this condition.

Specify the type of license: whether you may use the mark yourself and grant permission to others. Unless the agreement provides otherwise, the license is non-exclusive—the owner retains both of these options.

Agree whether use is paid or free of charge. For paid use, state the amount, procedure, and payment deadlines.

To help ensure that the partner follows the agreed rules, attach the approved appearance of the mark, the list of permitted goods and services, rules for use on the website and packaging, the procedure for approving advertising, and actions to be taken after the agreement ends. If the partner orders packaging, agree in advance what will happen to unused stock.

How to transfer rights to a buyer

To sell the rights, the owner and buyer enter into and sign a written agreement transferring economic rights. Identify the mark, the goods and services for which rights are being transferred, and the price.

The transfer requires state registration with UKRNOIVI. The rights pass to the buyer upon this registration, so the buyer should ensure that they are entered in the register as the new owner.

Previously concluded license agreements remain in force. Before entering into the agreement, the buyer should review them to learn who already uses the mark and under what conditions.

To register the transfer, submit an application to UKRNOIVI to enter the relevant information in the register. Attach the agreement, a notarized copy of it, or a notarized extract from it in three copies, and a document confirming payment of the relevant fee. If necessary, attach the written consent of other co-owners and a document confirming a representative’s authority. Find the application form and requirements for the document package in paragraph 34 of the UKRNOIVI page.

The application may be submitted in person or by mail to UKRNOIVI, or electronically to office@nipo.gov.ua using a qualified electronic signature. Specify in the agreement which party or representative will file the documents and pay the fee. After completing the transfer, the buyer should check the entry for the new owner and the list of transferred goods and services in the register, as well as the corresponding publication in the official electronic bulletin “Промислова власність” (“Industrial Property”).

Prepare trademark protection before selling abroad

Before launching sales in another market, identify the countries, version of the sign, and goods and services needed. Then assess the possibility of obtaining protection in each country: a Ukrainian certificate does not provide protection worldwide.

Article 24 of Law No. 3689-XII and Section IX of Rules No. 19889 provide for filing an international application through UKRNOIVI under the Madrid System for the International Registration of Marks. It is based on a basic Ukrainian application or registration—the application or registration for the same mark held by the applicant or owner who files the international application.

To file through UKRNOIVI, the applicant must meet at least one of these conditions:

• be a citizen of Ukraine;
• have a place of residence or stay in Ukraine;
• have a real and effective industrial or commercial enterprise in Ukraine.

For a joint filing, each applicant must meet at least one of these conditions. The composition of applicants for the international application must correspond to the composition of applicants for the basic application or owners of the basic registration: an international application cannot be filed in the name of only one of the co-applicants or co-owners.

Prepare documents for an international application in this order:

1. Prepare a cover letter.
2. Complete WIPO’s recommended MM2 form in English or French. The details must correspond to the basic application or registration. Prepare the list of goods and services according to the version of the Nice Classification in effect on the international application filing date and within the scope of the basic list.
3. State the applicant’s email address and, if there is a representative, the representative’s email address: these details are mandatory for an international application.
4. Render the applicant’s name, address, correspondence address, and representative’s name in Latin characters according to the rules for transliterating the Ukrainian alphabet. For a legal entity, state its full name and address in accordance with the founding documents; a translation into the language of the international application may be used instead of transliteration.
5. The applicant or representative must sign the form. If the representative signs it, attach a power of attorney and a Ukrainian translation if it is in another language. A separate power of attorney is not required if the representative is appointed in the form signed by the applicant.
6. If the selected countries include the United States of America (USA), attach the completed and signed MM18 form.

For electronic filing, use UKRNOIVI’s system or Madrid e-Filing through the UKRNOIVI website. Sign the electronic international application with a qualified electronic signature or an advanced electronic signature based on a qualified electronic signature certificate.

Pay the national fee for filing an international application to UKRNOIVI’s account under code 43300. Determine the amount under Procedure No. 1716, taking applicable reductions into account. Calculate the international fee using the Madrid System calculator and pay it directly to WIPO’s International Bureau in Swiss francs. Find the calculator, payment methods, and international filing details on the UKRNOIVI page.

Check that you receive a notice from UKRNOIVI stating that the international application has been sent to WIPO. The international registration date corresponds to the date UKRNOIVI receives the application if WIPO’s International Bureau receives it within two months of that date. If it is received later, the international registration date is the date it reaches WIPO’s International Bureau. Check this date in the international registration documents.

You may also file applications directly with the offices of the relevant countries under their rules. To choose a method, compare the number of markets, costs, and risks. An international registration involves selecting territories, and the relevant offices may refuse protection in whole or in part.

For the Madrid System, account for the five-year dependence of the international registration on the basic application or registration. Under the conditions set by the Rules, their termination or refusal may result in full or partial cancellation of the international registration. This also applies to the consequences of a procedure started within that five-year period.

Official sources

• Law of Ukraine “On the Protection of Rights to Signs for Goods and Services” dated 15.12.1993 No. 3689-XII: Articles 4–10—applicants, representation, protection requirements, applications, priority, and examination; Articles 12–16—payments, registration, appeals, and owner’s rights; Articles 18–22—termination, invalidity, and protection of rights; Articles 24–25—international registration and well-known marks.
• Civil Code of Ukraine dated 16.01.2003 No. 435-IV: Articles 492–496—trademarks, owners, scope and term of protection; Article 500—prior user’s right.
• Rules for Preparing and Filing a Trademark Application and an Application for International Registration of a Trademark, and for Examining a Trademark Application and an International Registration of a Trademark Extending to Ukraine, approved by Order of the Ministry of Economy of Ukraine dated 06.08.2024 No. 19889: Sections II–VIII—protection requirements, documents, filing, correspondence, examination, amendments, and appeals; Section IX—international applications; Chapter 4 of Section XI—dependence of international registration on the basic application or registration.
• Procedure for Paying Fees for Actions Related to the Protection of Intellectual Property Rights, approved by Resolution of the Cabinet of Ministers of Ukraine dated 23.12.2004 No. 1716: paragraphs 3-5–3-9, 5–6-2, and the appendix—electronic filing, reductions, payments, and fee amounts.
• Law of Ukraine dated 16 April 2025 No. 4362-IX on repealing Law No. 2174-IX: Section I—cessation of Law No. 2174-IX; subparagraphs 1, 2, and 4 of paragraph 2, Section II—resumption of deadlines, payment of fees, and transitional conditions for certificate renewals.
• UKRNOIVI: “Торговельні марки” (“Trademarks”): paragraphs 15, 19, and 21—filing, search, and final payments; paragraphs 24–28—international registration; paragraphs 30–34—license agreements and transfer of rights.

Start by identifying the future owner of the mark. Record their details, choose a name or logo, and prepare a list of the goods and services to be marked. Use this list to search for similar signs before ordering a storefront sign or packaging.