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Intellectual Property Law Practice
Since 1995
D&L IP GROUP
UA RU EA
Trademark Search | Trademark Filing and Prosecution | Trademark Enforcement | Madrid Refusals| Portfolio Management
TRADEMARK PROSECUTION IN UKRAINE
D&L's trademark practice is the oldest practice on the market in Ukraine. Attorneys and dedicated legal staff possess the requisite expertise to provide high standard services at a reasonable rate at all stages of prosecution, including but not limited to:
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strategy development to avoid delays in prosecution,
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filing and monitoring docket,
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effective response to office actions in case of a legitimate conflict,
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renewals, and
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portfolio management
All our quotes are all inclusive and there are no hidden costs during the prosecution timeline - you can safely approve your budget in advance.
TIMELINE approx 12 -16 months
FILING TRADEMARK APPLICATION
application, image, goods - at the time of filing; power of attorney, payment of the filing fee - may be submitted within two months of the original application
FORMAL EXAMINATION
usually no Office Actions are issued, if all formalities are maintained - takes up to 6 months
SUBSTANTIVE EXAMINATION
the Examiner may cite prior mark; third party may file opposition that the examination will forward to us for client's rebuttal. Please note that oppositions are submitted during the examination and are considered by the Examiner if submitted at least 5 days prior to granting which is unique to Ukraine; oppositions are merely for information purposes so that the Examiner could take information about the possible conflict into account at the time of examination.
GRANTING DECISION
granting and publication fees are due within 3 months of the issuance of the granting decision
PUBLICATION AND REGISTRATION
happens at the same time within a month upon payment of the granting fee
RENEWALS
Every ten years follоwing the original filing date
DOCUMENTS REQUIRED FOR FILING
Filing details
name, country of incorporation and address of the Applicant
Image of the mark
.jpeg to fit 8 by 8 space with good resolution
List of goods/services
for which the trademark registration is applied for
Power of Attorney
No notarization or legalization is required, however needs to be signed by the head of the company
COST OF TRADEMARK REGISTRATION -UKRAINE(USD)
FILING 340 GRANTING 420
BREAKDOWN
FILING:
OFFICIAL FEE: 40 each class
ATTORNEY FEE: 300 flat all inclusive
GRANTING:
OFFICIAL GRANTING FEE: 200
PUBLICATION FEE: 20
ATTORNEY GRANTING FEE: 200
Granting fees are due approx 10 - 12 months following the filing date, upon issuance of the granting decision
RENEWAL FEE (EVERY 10 years)
OFFICIAL RENEWAL FEE: 130 USD
ATTORNEY RENEWAL FEE: 250 USD
DOWNLOAD FULL SCHEDULE OF FEES
QUICK FACTS ON TRADEMARKS IN UKRAINE AND RUSSIA
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Ukraine is a "first - to - file" country
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Use is not required for registration but if the mark is not used within 3 years of registration it becomes volnurable to non-use cancellation action
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Opposition may be filed in the form of observation of a third party at any point of examination but no later than 5 days prior to the grant
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Ukraine is a party to Madrid Protocol, provisional refusals once reported by WIPO should be responded to by Ukrainian Trademark Attorney within 90 days
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Power of Attorney doesn't require notarization and/or Appostille
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Multi - class applications are acceptable in Ukraine
BARS TO TM REGISTRATION IN UKRAINE:
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discriptiveness
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likelihood of confusion with prior registrations/well known marks
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misleading of the consumer
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violation of the rights of third parties
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morally inappropriate