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Ukrpatent changed the order of trademark applications publication as of 1 August 2018

18/ 09/ 2018
  Kyiv, Ukraine, 17 September 2018 ‑ The Ukrainian Institute of Intellectual Property (Ukrpatent) informed on 1 August 2018 that the order of publication of information on trademark applications had been changed in Ukraine. Starting as of 1 August 2018, Ukrpatent will publish information on pending trademark applications immediately after sending to the trademark applicant a notification on establishing the filing date of a respective trademark application. In order for the filing date to be established, an application shall comply with the requirements of Article 8 of the Law of Ukraine “On Protection of Rights to Trademarks for Goods and Services” (i.e. basic formal requirements for a trademark application), and include a document confirming payment of the official fee for its filing. Publication of information on pending trademark applications will be made by Ukrpatent on its website, where an interactive database is administered. This may be regarded as a substantial improvement of a previous practice of Ukrpatent with respect to publishing information on pending trademark applications. Please see below an appropriate comparison of the time duration from the moment of trademark application filing till its publication on the Ukrpatent website. Before 1 August 2018 After 1 August 2018 Publication not less than 6 months (in some cases a year) Publication not more than 2 months We consider this to be a positive development for trademark owners and third interested parties, as now they may find information regarding the filed trademark applications much earlier than before, and respectively react to possible infringement of their rights (by filing to Ukrpatent reasoned oppositions against such applications). Accordingly, it may be recommended to review the database of pending trademark applications on the Ukrpatent official website by interested trademark owners and third parties and/or their representatives on a regular basis, as it will provide them with necessary information as to pending trademark applications filed under the national procedure in Ukraine. We will be closely following developments in this area and will keep you updated.     Additional notes This LEGAL ALERT is issued to inform Baker McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.
Kyiv, Ukraine, 17 September 2018 ‑ The Ukrainian Institute of Intellectual Property (Ukrpatent) informed on 1 August 2018 that the order of publication of information on trademark applications had been changed in Ukraine.

Starting as of 1 August 2018, Ukrpatent will publish information on pending trademark applications immediately after sending to the trademark applicant a notification on establishing the filing date of a respective trademark application.

In order for the filing date to be established, an application shall comply with the requirements of Article 8 of the Law of Ukraine “On Protection of Rights to Trademarks for Goods and Services” (i.e. basic formal requirements for a trademark application), and include a document confirming payment of the official fee for its filing. Publication of information on pending trademark applications will be made by Ukrpatent on its website, where an interactive database is administered.

This may be regarded as a substantial improvement of a previous practice of Ukrpatent with respect to publishing information on pending trademark applications. Please see below an appropriate comparison of the time duration from the moment of trademark application filing till its publication on the Ukrpatent website.

Before 1 August 2018 After 1 August 2018
Publication not less than 6 months (in some cases a year) Publication not more than 2 months

We consider this to be a positive development for trademark owners and third interested parties, as now they may find information regarding the filed trademark applications much earlier than before, and respectively react to possible infringement of their rights (by filing to Ukrpatent reasoned oppositions against such applications). Accordingly, it may be recommended to review the database of pending trademark applications on the Ukrpatent official website by interested trademark owners and third parties and/or their representatives on a regular basis, as it will provide them with necessary information as to pending trademark applications filed under the national procedure in Ukraine.

We will be closely following developments in this area and will keep you updated.
 


 
Additional notes

This LEGAL ALERT is issued to inform Baker McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.

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