Ukraine’s Ministry of Economy Issues New Trademark Registration Rules

According to the Order of the Ministry of Economic Development and Trade of Ukraine No. 19889, new rules for trademark registration in Ukraine came into effect on September 18.

The Rules establish requirements for the preparation and filing of applications for trademark registration, applications for international trademark registration and examination of trademark applications, as well as international trademark registration extending to Ukraine.

The provisions of the rule are consistent with the requirements of EU legislation, enabling Ukrainian geographical indications to be protected and recognized in the EU. The main amendments include:

1. Applicants are now required to provide additional information: natural person ID card, business license registration number.

2. There are new requirements for applying for colors: together with the name of the color, it is now necessary to indicate the color number of an internationally recognized color identification system (such as Pantone color matching system, RAL, Focoltone color system).

3. Now more types of trademark registration are allowed, including position trademarks, ornamental trademarks, dynamic trademarks, multimedia trademarks, color and color combination trademarks. These trademarks can be registered with the help of multimedia formats MP3 and MP4.

4. A non-exhaustive list of grounds for determining that a trademark is contrary to public order and good morals is also provided.

5. Trademark disclaimers are now permitted, i.e., disclaiming legal protection for certain elements of a trademark. This makes it possible to identify certain words as common, generic, or descriptive.

6. Detailed procedures for submission and processing of electronic applications are also prescribed.

Overall, the rules can be seen as positive from a business perspective. They contribute to the harmonization of Ukrainian legislation with EU legislation, provide applicants with broader possibilities for protecting the results of their intellectual activities and make certain processes more predictable and smoother.

But on the other hand, it is recommended to be more careful at the initial stage, and we expect that the Ukrainian Intellectual Property Office will make more requirements, because now trademark registration applicants need to provide more information to obtain acceptance from the Ukrainian Intellectual Property Office.

Original link:Ukraine’s Ministry of Economy Issues New Trademark Registration Rules
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