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[日期:2019-07-12]   来源:五洲普华国际知识产权  作者:WPIP-Elaine   阅读:1111次[字体: ]




On 12, June 2019, the Cabinet of Ministers of Ukraine approved the decision No.496 to increase the official fee for trademarks application in Ukraine.



The decision about fee increase will go into effect on 19, July 2019.



Here are a comparison between the current officials fees for trademark application, publication, renewal and the new official fees as of date 19, July 2019.





The biggest change is the official fees for trademark application and renewal. The new official fees is three times as expensive as the current official fees on the basis of the table.








Knowledge Extension.Ukraine



1.What can be registered as a trademark?



The object of a mark may be any sign or any combination of signs. Such signs may be, among other, words, including personal names, letters, numerals, pictorial elements, three dimensional marks, sound marks, colors and combinations of colors, as well as any combination of such signs.



2. What information is needed to register a trademark?



a. The name and address of the applicants in the language of origin and their transliteration in Ukrainian Cyrillic characters;



b. An image of the mark being claimed as a trademark and a description thereof;



c. A list of goods and/or services for which a mark should be registered, classified according to the current edition of the International Classification of Goods and c.Services under the Nice Agreement. The list of goods and/ or services should be translated into Ukrainian within two months from the filing date;



d. A Power of Attorney for representation of the applicant’s interests;



e. A document confirming payment of the official filing fee.



3. What is the general procedure for trademark registration?

3. 商标注册的一般性程序


After the filing of a trademark application, it passes two stages of examination:



a. Formal examination

a. 形式审查

During this stage, the UAPTO clarifies whether the filed application complies with the formal requirements of the Trademark Law, contains all the required information, checks the payment of the official filing fee(which has to be paid within 2 months from filing the application) and determines the filing date of the application. The the claimed list of goods and/ or services is examined for compliance with the current edition of the International Classification of Goods and Services under the Nice Agreement. If necessary, the examiner issues the relevant request. The applicant has to provide a response to the quest within 2 months from its receipt, with a possible term extension of an additional 6 months.



b. Substantive Examination

b. 实质审查


At this stage, the claimed mark is examined as to its conformity with the conditions for granting legal protection(absolute and relative grounds). If there are reasons to consider that the claimed mark does not fully or partially meet the requirements for granting legal protection, the UAPTO sends a grounded provisional refusal to the applicant with the proposition to give a motivated response thereto. The applicant has 2 months to reply the provisional refusal, with a possibility to extend this term by an additional 6 months.

实质审查阶段,审查员将对商标进行实质审查,以确定其是否符合授予法律保护的条件(绝对和相对理由)。 如有理由认为申请商标没有完全或部分满足可授予法律保护的要求,乌克兰专利商标局会向申请人发出基础性的临时驳回,并给出积极明确的答复方式。 申请人有2个月的时间来克服临时驳回,该答复期限可再延长6个月。


In the case that no grounds for refusal are found as a result of substantive examination and the claimed mark meets the criteria for granting legal protection, a decision on registration is issued.



Based on the grant of protection decision, and provided that the official registration fees are paid, a trademark certificate is issued and general information about the registered trademark is published in the official bulletin and on the website of UAPTO.



4. Can a trademark acquire distinctiveness through use?

4. 商标是否可以通过使用而获得显著性?


According to the Trademark Law, legal protection is not granted to marks that are usually devoid of any distinctive character and have not obtained such a character as a result of their use. Thus, a mark without inherent distinctive character can acquire distinctiveness through its extensive use. To prove that a trademark has acquired distinctiveness, the relevant documents confirming its use prior to the filing date of an application should be submitted to the UAPTO.

根据“商标法”,对于通常没有任何显著性并且尚未通过使用而获得显著性的商标,将不给予法律保护。 因此,没有固有显著性的商标可以通过其广泛使用而获得显著性。证明商标具有显著性,申请人应在商标申请提交前,将其已使用的相关文件应提交到乌克兰专利商标局。


5. How long on average does registration take?

5. 商标注册平均时间


Provided that no official actions and no objections by third parties are raised, the registration of a trademark takes, on average, 14-18 months. If necessary, there is the possibility of an accelerated proceeding, which is subjected to additional fee payment. In the event of the accelerated proceeding, the registration process is reduced to 6-8 months.



6. How is priority claimed?

6. 怎样要求优先权?


A priority of a previous application on the same mark may be claimed within 6 months following the filing date of the previous application to the relevant body of a Member State of the Paris Convention, provided that the priority on the previous application was not claimed either. A declaration of priority is filed during preparation of a trademark application or within 3 months following the filing date of the application(a certified copy of the previous application and its Ukrainian translation should be submitted to the UAPTO within the said term as well).



Priority of a mark, which was used in an exhibit shown at official or officially recognized international exhibitions in the territory of a Member State of the Paris Convention, may be determined by the opening date of the exhibition, provided that the application is filed to the UAPTO within the 6 months from the said date. A document that confirms demonstration of the mark at an exhibition should be submitted to the UAPTO within the 3 months from the filing date of the application.



7. How is the trademark renewal

7. 商标续展


The validity period of the trademark registration certificate may be renewed for 10 years each time at the request of the the mark owner, provided the respective fee is paid.




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