The trademark registration procedure in Ukraine includes formal and substantive examinations of the application. During these examinations, experts of the Ukrainian Patent Office check if the application complies with all formal requirements as well as if there are any absolute or relative grounds for refusal of protection in Ukraine.
If the application successfully passed these two stages, the applicant receives a statement of grant of protection. If there any grounds for refusal the Office send to the applicant a notification about a provisional refusal of protection (partial – for some goods and/or services or total – for all goods and/or services).
Starting from the date of receiving a notification about a provisional refusal, the applicant has 3 months (or 2 months for national applications) to file a motivated response to the Ukrainian Patent Office. Such a response should be prepared properly and include well-justified reasons why the trademark should enjoy the protection.
If the time limit is still running, the applicant may request an extension of the time limit which is subject of payment of official fee.
Foreign and other persons residing or having a permanent location outside Ukraine exercise their rights in relations with the Ukrainian Patent Office only through representatives registered under the Regulations for Representatives on Intellectual Property Matters (Patent Attorneys).
Our Patent Attorneys have a successful experience in trademark registration and court expertise on IP related matters for more than a decade. They would be glad to use all their deep knowledge of Ukrainian regulations and local case law to assist in overcoming provisional refusal and get a trademark protected in Ukraine. We always set a fixed budget for our clients.
If you have recently received a notification of provisional refusal, just email us and we will analyze the chances for overcoming it and set out a fixed cost for our work.
Here are some recent successful cases gained by our team. If you want to learn more about our experience, please feel free to contact us.
| Mark | Earlier mark | Description |
hix (International Reg. № 1351194) | hlx (International Reg. № 801189) | Grounds for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar goods in class 28. Result The protection was granted for all goods in class 28. |
(Reg. № 241905) |
(Reg № 156421) | Grounds for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar services in class 39. Result The protection was granted for all goods in class 39. |
|
Холосас-Vita
(waiting for a publication) [holosas-vita] |  (Reg. № 29518) [holosas] | Grounds for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar goods in 5 class. The sign is deceptive for goods in 5 and 30 classes which are not syrups. Result The protection was granted for syrups. |
 (Reg. № 250315) [detokshils] |  (Reg. № 126607) | Grounds for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar goods in class 5. Result The protection was granted for all goods in class 5. |
|
(Reg. № 250371) |  (Reg. № 145565) | Ground for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar services in class 35. Result The protection was granted for all services in class 35. |
 (International Reg. № 1370805) |  (Reg.№ 91407) | Grounds for refusal The sign is misleadingly similar to mark that was earlier registered in Ukraine on behalf of another person for similar for goods in class 12 and services in class 35. Result The protection was granted for all goods in class 12 and all services in class 35. |
 (Reg. № 231062) | Grounds for refusal The sign is descriptive for services in class 38. Result The protection was granted for all services in class 38. | |
 (Red. № 231889) translation «red carp» | Grounds for refusal The sign is descriptive for goods in class 31. Result The protection was granted for all goods in class 31. | |
Andrii Atamanchuk
Patent and Trademark Attorney
tel. +38 067 327 55 13, +38 066 414 37 15
email: atamanchuk@imekco.com
skype: atamanchuk_a