The availability of trademark registration in Ukraine as a Ukrainian registration or of international registration applied for in accordance with the Madrid System of International Registration of Marks shall be the prerequisite for the protection of rights to a trademark in Ukraine.
In Ukraine, the following rights are granted to a trademark holder:
- - the right to use the trademark;
- - the right to permit to use the trademark; and
- - the right to prohibit improper use of the trademark.
Rights to a trademark are protected in a judicial proceeding or otherwise in accordance with law, for example, in antimonopoly litigation, administrative litigation, and criminal litigation.
In Ukraine, courts adjudicate disputes on:
- - identifying the trademark holder;
- - invalidating a trademark;
- - managing a trademark (entry into, performance, and termination of license agreements);
- - the violation of rights to a trademark;
- - trademark royalty.
The violation of rights to a trademark in Ukraine includes the use of the trademark without trademark holder’s consent, as well as the preparation for committing such actions. The use of a trademark in domain names without trademark holder’s consent also constitutes a trademark violation.
In Ukraine, the following shall be considered to be the use of a trademark:
- - applying the trademark onto any goods for which the trademark has been registered, the package containing such goods, the signboard connected therewith, a label, tab, tag or another item attached to the goods;
- - storing such goods with said application of the trademark for the purpose of offering for sale; offering the goods for sale, sale, import, and export;
- - using the trademark while offering or providing any service for which the trademark has been registered;
- - using the trademark in business documentation, in advertising, and on the Internet.
The trademark holder may demand that the trademark be removed from goods, package; furthermore, the trademark holder may demand that any designation confusingly similar to the trademark be removed therefrom.
In Ukraine, nonresidents and stateless persons shall protect their rights to a trademark via Ukrainian representatives on intellectual property matters (patent attorneys).
Experts and counsels of our company will help you to prepare all the requisite representative documents and documents of title and to represent the interests of foreign right holders through the pre-trial process or legal proceedings in accordance with Ukrainian law as such law shall from time to time be in effect.Print