New trademark registration rules adapted to EU requirements are in effect
The Ministry of Economy has adapted the rules for drafting, submitting applications, conducting examinations, and registering international trademarks to European Union standards, with applicability in Ukraine.
The relevant order, dated August 6, 2024, No. 19889, "On the Approval of the Rules for Drafting, Submitting a Trademark Application, International Trademark Application, and Conducting the Examination of a Trademark Application and International Trademark Registration with Applicability in Ukraine," came into effect on September 18.
European Standards
The rules have been aligned with EU regulations and take into account Ukraine's international and European integration obligations, particularly under the Association Agreement between Ukraine and the EU. This adaptation will facilitate the promotion of Ukrainian manufacturers’ products to European markets under trademarks registered according to European standards.
The rules regulate:
- who has the right to submit an application;
- the list of documents required from the applicant;
- the procedures for submitting international trademarks under the Madrid System for registration;
- the specifics of conducting the examination of applications submitted via both national and international procedures.
The rules also:
- regulate the submission of electronic applications and their examination;
- provide for the registration of various types of trademarks, including sound, positional, ornamental, motion, holographic, multimedia, as well as specific rules for the registration of color and color combinations;
- establish the procedure for verifying whether sanctions have been applied against the applicant or their country and outline the legal consequences of such sanctions.
A particularly important aspect is the implementation of an electronic application submission system, which simplifies and speeds up the registration process. These changes will help Ukrainian entrepreneurs not only strengthen their positions in the domestic market but also successfully enter international markets, protecting their brands globally.
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