WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/T/1 
11 August 2008 
 (08-3802) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UKRAINE 
  The present document reproduces the text
1 of the Law on Protection of Rights to Marks for 
Goods and Services, adopted on 15 December 1993, as  last amended on 10 April 2008, as notified by 
Ukraine under Article 63.2 of the Agr eement (see document IP/N/1/UKR/1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur la protection des droits relatifs aux 
marques de fabrique ou de commerce de biens et de services adoptée le 15 décembre 1993, telle que modifiée en dernier lieu le 10 avril 2008, notifiée pa r l'Ukraine au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/UKR/1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
 
 En el presente documento se reproduce el texto
1 de la Ley sobre la protección de los derechos 
relativos a las marcas para las mercancías y los servicios, adoptada el 15 de diciembre de 1993, 
modificada por última vez el 10 de abril de 2008, que Ucrania ha notif icado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/UKR/1). 
                                                      
 1 In English only. The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/UKR/T/1 
Page 2  
 
 
The Law of Ukraine 
“On the Protection of Rights to  Marks for Goods and Services” 
 
Published in Vidomosti Verkhovnoyi Rady Ukra yiny (Official bulletin of the Verkhovna 
Rada (Parliament) of Ukraine), 1994, No. 7, p. 36 
As amended and supplemented according to the Laws of Ukraine:  
No. 751-XIV of 16 June 1999; Vidomosti Ve rkhovnoyi Rady Ukrayiny (VVRU), 1999, No. 
32, p. 266 
No. 2188-III of December 21, 2000; (VVRU), 2001, No. 8, p. 37 
No. 2783-III of November, 15 2001; (VVRU), 2002, No. 7, p. 51 No. 2921-III of January 10, 2002; (VVRU), 2002, No. 16, p. 114 
No. 34-IV of July 4, 2002; (VVRU), 2002, No. 35, p. 256 
No. 762-IV of May 15, 2003; (VVRU), 2003, No. 30, p. 247 
No. 850-IV of May 22, 2003; (VVRU), 2003, No. 35, p. 271 
No. 254-VI of April 10, 2008 (VVRU)  
The present Law regulates relations arising in connection with the acquisition and use of the 
property right to marks for goods an d services (hereinafter referre d to as "mark") in Ukraine. 
 
Section I 
GENERAL PROVISIONS 
 
Article 1. Definitions 
 
In the present Law, the terms listed below shall be used in the following meaning: 
 
the Institution  is the central body of executive power on issues of the legal protection of 
intellectual property; 
 
person  is a natural person or legal entity; 
 
mark  is a sign by which goods and services of pe rsons differ from goods and services of 
other persons; 
 
certificate  is a certificate of Ukraine of a mark for goods and services;   
 
registered mark  is a mark for which the relevant certificate has been issued;   
 
application  is a body of documents required fo r the issuing a certificate;   
 
applicant  is a person who has filed an  application or has acquired the rights of an applicant 
pursuant to other procedure established by the law;   
 
priority of the application (priority)  is the precedence in the filing of the application; 
  IP/N/1/UKR/T/1 
 Page 3 
 
 
date of the priority  is the date of the filing of the a pplication to the Institution or to a 
relevant body of a Member State of the Pari s Convention for the Protection of Industrial 
Property, under which the prio rity has been claimed; 
 
Register  is the State Register of Ce rtificates of Ukraine of Marks to Goods and Services;   
 
Appellate Chamber  is a collegial body of the Institution for the examination of objections to 
decisions of the Institution on the acquisition of rights for obje cts of intellect ual property and 
on other matters covered by its competence by the present Law;    
 
institution of expert examination  is a State institution (enterprise, organization) authorized 
by the Institution to consider and conduct e xpert examination of applications;   
 
State system of the legal prot ection of intellectual property  is the Institution and a number 
of expert examination, scientific, educational,  informational and other State institutions of 
relevant specialization that belong to the s phere of management of the Institution;   
 
domain name  is a name used for the addressing of computers and resources in the Internet 
network; 
 
ICGS  is International Classification of Goods  and Services for the purposes of the 
registration of marks.  
Article 2. Authorities of the Institution in  the Sphere of the Protection of Rights to 
Marks for Goods and Services 
 
1. The Institution provides the implementation of the State policy in the sphere of the 
protection of rights to marks for goods and se rvices. To this end, the Institution shall: 
organize the reception of applications, conducti ng expert  examination thereof, and makes 
decisions on them; 
issues certificates of marks for goods and se rvices and provides the State registration of 
certificates; 
provides the publication of official data about marks for goods and services; 
implements the international c ooperation in the sphere  of the legal protec tion of intellectual 
property and represents interest s of Ukraine on the matters of the protection of rights to 
marks for goods and services in international or ganizations in accordance  with the legislation 
in force; 
adopts legislative and regulator y acts within the sc ope of its authorit ies in the order 
established; 
organizes the informational and publishing activi ties in the sphere of the legal protection of 
intellectual property; 
organizes research works on the improvement of  the legislation and on the organization of 
activities in the sphere of the legal protection of intellectual property; 
organizes the work on the retr aining of the personnel of th e State system of the legal 
protection of intellectual property; IP/N/1/UKR/T/1 
Page 4  
 
commissions institutions, which belong to th e State system of the legal protection of 
intellectual property, in accord ance with their sp ecialization, to fulf ill specific tasks 
determined by the present Law, the Provisions of the Institution and other legislative and 
regulatory acts in the sphere of the le gal protection of intellectual property; 
performs other functions according to the Provisi ons of the Institution, approved in the order 
established.  2. Activity of the Institution shall be financed at the expense of funds  of the State budget of 
Ukraine.  
 
Article 3. International Agreements 
 
If any international agreement of Ukraine has imposed rules other than  those provided by the 
legislation of Ukraine on marks, the rules of  international agreement shall be applied. 
 
Article 4. Rights of Foreign and Other Persons 
 
1. Foreign and stateless persons shall have the ri ghts equal with the rights granted to persons 
of Ukraine by the present Law in accordance with  international agreements of Ukraine or on 
the basis of the principle of reciprocity.  2. Foreign and other persons re siding or having a permanent location outside Ukraine shall 
exercise their rights in the relations with th e Institution through representatives registered 
under the Provisions regarding Representatives on Matters of Intellectual Property, approved 
by the Cabinet of Ministers of Ukraine.   
Section II 
LEGAL PROTECTION OF MARKS 
 
Article 5. Conditions for Granting the Legal Protection 
 
1. The legal protection shall be granted to a ma rk that does not contra dict the public order, 
principles of humanity and morality and is not  subject to the grounds for the refusal of the 
legal protection as established by the present Law.  2. The object of a mark may be any sign or an y combination of signs. Such signs may be, 
among other, words, including pe rsonal names, letters, numerals , pictorial elements, colors 
and combinations of colors, as well  as any combination of such signs. 
 
3. The right of property to a mark  shall be certified by a certifi cate. The validity period of the 
certificate is 10 years from the date of filing an application to the Institution and may be extended by the Institution for 10 years each ti me at the request of the proprietor of the 
certificate, provided that the respective fee is  paid under the proc edure established in 
paragraph 2 of Article 18 of the present Law.  The procedure for extending the validity period 
of the certificate shall be determined by the Institution. 
The certificate validity shall be terminated be fore the expiration of the specified validity 
period under the conditions prescribed in Article 18 of the present Law.  IP/N/1/UKR/T/1 
 Page 5 
 
 
 
4. The scope of the granted legal protection shal l be defined by the image of the mark and by 
the list of goods and services, which were entere d in the Register, and shall be certified by the 
certificate that contains the copy of the image of  the mark entered in the Registry and the list 
of goods and services.  5. Any person, associations of persons, or their legal successors shall be entitled to the right 
to obtain a certificate in the orde r established by the present Law. 
 6. The applicant, whose application has the earlier  date of the filing to the Institution, or, if 
the priority has been claimed, the applicant, whos e application has the ear lier date of priority, 
provided that the application is not deemed to be have been withdrawn, has not been 
withdrawn, or the Institution has hot made a decision to refuse  the registration of the mark, 
when the possibilities to appeal that decision have been exhausted, sha ll be entitled to the 
right to obtain a certificate. 
 
Article 6. Grounds for Refusal of the Legal Protection 
 
1. According to the present Law, the legal pr otection shall not be granted for marks that 
represent or imitate:  State armorial bearings, flag s, and other State emblems,  and other State symbols; 
 official names of States;  symbols and abbreviated or full names of in ternational intergovern mental organizations; 
official signs and hallmarks indicating contro l and warranty,
 assay marks, seals; 
 decorations and other distinctions of honor.  Such symbols may be included in a mark as elem ents that are not protected, provided that the 
consent of the relevant authorized body or th e proprietors of the signs was obtained. The 
authorized body regardi ng the name of the State is a collegial body established by the 
Institution.  2. According to the present Law, the legal protection shall not be granted for marks that:  are usually devoid of any dis tinctive character and have not obtained such a character as a 
result of their  use;  
consist exclusively of signs th at are commonly used as the si gns of goods and services of a 
certain kind;  consist exclusively of signs or data that ar e descriptive while usi ng for goods and services 
defined in the application or with respect to th em, in particular signs or data that indicate 
kind, quality, composition, quantity, properties, purposes, value of goods and services, the place and time of manufacturing or sale  of goods or rendering of services; 
 IP/N/1/UKR/T/1 
Page 6  
 
are deceptive or liable to mislead as to goods, services, or the person that produces a good or 
renders a service;  consist exclusively of signs that cons titute commonly used symbols and terms; 
 solely reflect the form caused by the natural state of goods, or by the necessity to obtain a 
specific technical result, or  the form that imparts a significant value to a good. 
 The signs mentioned in paragraphs two, three, four, six and seven of this paragraph may be 
used in a mark as elements that are not prot ected if these signs are not dominative in the 
image of a mark.  3. Signs shall not be registered as marks if they are identical or misleadingly similar to such 
an extent that they can be confused with:  marks that were earlier registered or filed for the registration in Ukraine on behalf of another 
person for identical or si milar goods and services; 
 marks of other persons if these marks are pr otected without registration according to the 
international agreements to which Ukraine is a party, in particular the marks recognized as 
well-known marks according to Article 6-bis of the Paris Convention for the Protection of 
Industrial Property;  trade names that are known in Ukraine and belong to other persons who have acquired the right to the said names before the date of filing the applications to the Institution with respect to identical or simila r goods and services; 
 qualified indications of the orig in of goods (including alcohols and alcohol drinks) that are 
protected according to the Law of Ukraine "On the Protection of Rights to Indication of the 
Origin of Goods"; the said signs may be used only as non-protected elem ents of marks of the 
persons who have the right to use the said indications;  conformity marks (certification marks) that ha ve been registered in the order established. 
 4. Signs shall not be regist ered if they reproduce: 
 industrial designs, the right s to which in Ukraine belong to other persons; 
 titles of scientific , literary, and artistic work s known in Ukraine or quotations and characters 
from the said works as well as the artistic works and their fr agments without the consent of 
copyright holders or their legal successors; 
 surnames, first names, pseudonyms and their deri vatives, portraits and facsimiles of persons 
known in Ukraine without their consent.   IP/N/1/UKR/T/1 
 Page 7 
 
 
Section III 
PROCEDURE FOR OBTAINING A CERTIFICATE 
 
Article 7. Application 
 
1. A person who wishes to obtain a certificate shall file an application to the Institution. 
 2. The application may be filed, on the instructions of the app licant, via a representative on 
intellectual property matters or other pers on empowered to act for the applicant. 
 3. The application shall relate to one mark. 
 4. The application shall be submitted in Ukrainian and contain the following:  the request for the registration of a mark;  an image of the sign being claimed; a list of goods and services for that the appli cant requests to register the mark which are 
grouped according to the ICGS.  5. In the request for the registra tion of the mark, the applican t(s) and his address shall be 
indicated.  6. If the applicant requests to protect a color or  a combination of colors as a distinguishing 
feature of a mark, the applicant shall:  make a declaration to this effect and specify in  the request the color or  combination of colors 
to be protected;  present color images of the mark at issue in  the request; the Instit ution shall specify the 
number of copies of such image.  7. Other requirements for application documen ts shall be determined by the Institution. 
 8. The filing of an application sh all be subject to the payment of the respective fee, amount of 
which shall be determined with consideration to the number of the IC GS classes covered by 
the goods and services indicated in the appl ication. A document confirming the payment of 
the fee shall be received by the Institution with the application or within two months from the 
date of the filing of the application.  This period may be extended for no more than 6 months, provided that the relevant request is submitted before the expiration of the period and the 
respective fee for the filing the request has been paid. 
 
Article 8. The Date of Filing an Application 
 
1. The date of filing an application shall be  the date when the Institution has received 
documents that contain at least:  a petition drawn up in any form for registra tion of the mark, written in Ukrainian; 
 IP/N/1/UKR/T/1 
Page 8  
 
information about the applicant and the addre ss of the applicant, written in Ukrainian; 
 a sufficiently clear image of the mark being claimed;  a list of goods and services for wh ich the mark is being claimed. 
 2. The date of filing an applic ation shall be determined according to paragraphs 10 and 11 of 
Article 10 of the present Law.  3. After the date of the filing an  application is determined, any person shall be entitled to the 
right to get familiarized with the application materials under th e procedure determined by the 
Institution. The familiarization with  the application materials is subject to the payment of the 
respective fee.   
 
Article 9. Priority 
 
1. An applicant has the right to claim the priori ty of a previous applic ation on the same mark 
within 6 months from the date of filing the previous application to the Institution or the 
relevant body of a Member State of the Pari s Convention for the Protection of Industrial 
Property, provided that the priority on the earlier application was not claimed. 
 2. The priority of a mark, which was used in the exhibit shown at o fficial or officially 
recognized international exhibi tions at the territory of a Member State of the Paris 
Convention for the Protection of Industrial Pr operty, may be determined by the date of 
opening the exhibition provided that the Institution has received the application 
within 6 months from the said date.  3. An applicant who wishes to make use of the ri ght for the priority shall file the petition for 
the priority, with the reference to the date of filing the previous application and the application number, and a copy of the applicati on in Ukrainian or a document that confirms 
the demonstration of the mark at an exhibition within 3 months from the date of filing the 
application to the Institution, pr ovided that this application ha s been filed or the exhibition 
was held in a Member State of the Paris Convent ion for Protection of Industrial Property. The 
mentioned documents may be amended within th e said period. If these documents were not 
submitted with the time specified, th e right to the application prior ity shall be deemed to have 
been lost, of which the notification shall be sent to the applicant.. 
 
Article 10. Expert examin ation of Application 
 
1. Expert examination of an application shall have  the status of scientific and technical expert 
examination and consists of the formal e xpert examination and qualification expert 
examination (expert examination on the merits).  The expert examination shall be conducted 
by an institution of expert examination accordin g to the present Law and rules, determined by 
the Institution on the basis of the present Law.  2. The institution of expert examination carries out informational activity necessary for expert 
examination of applications and acts as th e center of the international exchange of 
publications s according to the Convention c oncerning the International Exchange of  IP/N/1/UKR/T/1 
 Page 9 
 
 
Publications, adopted on December 3, 1958, by th e General Conference of the United Nations 
Educational, Scientific and Cultural Organization (UNESCO). 
 3. The final results of the expert examination of the application that is not considered 
withdrawn or was not withdrawn are presented in a grounded expert’s  reports, which shall 
come into effect after its approval by the In stitution. On the ground of such a report, the 
Institution shall make a decision on the registra tion of the mark for all the goods and services 
listed in the application or on the refusal of th e registration of the mark for all the goods and 
services listed in the application, or on the regi stration of the mark for a certain part of the 
goods and services listed in the application and on the refusal of  the registration of the mark 
for the remaining part of the goods and services listed in the application. The applicant shall 
be notified about the decision of the Institution.   The applicant shall be entitled to  the right to require copies of the materials, which were 
opposed to the applicati on, within a month after receiving th e decision of the Institution. 
These copies shall be sent to the applicant within a month.  4. The applicant shall be entitled to the right, on  his or her own initiati ve or on by invitation 
of the institution of expert examination, to  participate personally or through his or her 
representative in discussion of matters arising in the course of  expert examination according 
to the procedure established by the Institution.  5. The applicant shall be entitled to the right to correct errors  in the application, change his or 
her name and address, address for service and name and address of hi s or her representative 
in it as well as to make changes pertaining to  a shortening of the lis t of goods and services. 
 The applicant may make changes in the applicati on that are connected with the change of the 
person of the applicant subject to  the consent of all other appli cants stated in the application. 
The person who wishes to be one of the app licants also may make these changes by the 
consent of all the other applicants.  The said corrections and changes shall be de emed to be valid, provided that they were 
received by an institution of expert examination no later than the document confirming the 
payment of the relevant State fee for granting a certificate. 
 A request for correction of a mistake or making of any of changes spec ified above is subject 
to the payment of the respective fee, provided that a mistake is not obvious or technical, and 
the change was caused by circumstan ces dependent on the applicant. 
 6. The institution of expert examination ma y require the applicant to submit additional 
materials if the expert examination is impossi ble without these materials or if any grounded 
doubts arise as to the veracity of  the information or elements c ontained in the materials of the 
application.  The applicant shall be entitled to the right to request copies of the materials, which were 
opposed to the application, within one month afte r receiving of the notif ication of conclusion 
of the institution of expert examination with the requirement to submit the additional materials.  IP/N/1/UKR/T/1 
Page 10  
 
The additional materials shall be submitted by the applicant within 2 months from the date of 
the receipt of the notification or conclusion of the institution of expert examination or the 
copies of the materials, whic h were opposed to the applicati on. The period for submitting the 
additional materials may be extended, but fo r no more than 6 months, provided that the 
relevant request is submitted and the fee is paid  before the expiration of  the said period. This 
term missed because of valid reasons shall be  renewed provided the relevant request is 
submitted and the fee is paid within 6 months after its expiration. If the applicant fails to 
submit the additional materials within the term determined, the application shall be deemed to have been withdrawn, of which the notific ation shall be sent to the applicant. 
 7. If the applicant has submitted the additional materials, in the course of expert examination it shall be determined, whether these materials do not go beyond the scope of the substance of 
the sign, disclosed in the application, and th e list of good and services stated in the 
application.  The additional materials shall be deemed to be  going beyond the scope of the substance of the 
sign, disclosed in the application, if they contai n features that shall be included to the sign 
that is claimed as a mark.   The additional materials in the part that goes beyond the scope of the substance of the sign 
disclosed in the application or  supplements the list of goods a nd services presented in the 
application shall not be taken into consideratio n in the course of the expert examination and 
may be filed by the applicant as an separate  application after receiving the relevant 
notification of the institution of expert examination.  8. Any person shall be entitled to the right to su bmit to the institution of expert examination a 
grounded objection to the applicatio n in respect to the unconform ity of the sign presented in 
the application with the requirements of grantin g the legal protection acc ording to the present 
Law. Submission of the objection is subject to the payment of the respective fee. 
 The institution of expert examination shall cons ider the objection provided that it has been 
received not later than five da ys prior to the date of making a decision on the application. The 
institution of expert examination shall send the copy of the objecti on to the applicant. 
 The applicant shall be entitled the  right to notify the institution of expert examination of his opinion on the objection within two months af ter receiving the copy of the objection. The 
applicant may decline the objection and leave the application unchanged, make amendments 
to the application, or wi thdraw the application. 
 The results of the considerati on of the objection shall be pres ented in the decision of the 
Institution on the application. The copy of such  a decision shall be sent to the person 
submitted the objection.  9. In the course of the formal expert examination:  the date of filing an application is determin ed according to Article 8 of the present Law; 
 the application is examined for conformity with  the formal requirements of Article 7 of the 
present Law and the regulations issued by the In stitution in compliance with the present Law;  IP/N/1/UKR/T/1 
 Page 11 
 
 
 
the document for payment of the respective fee for filing the application is examined for 
conformity with specified requirements.  10. If the application materials m eet the requirements of Article  8 of the present Law and the 
document for payment of the respective fee fo r filing an application is presented, the 
applicant is notified on the determin ed date of filing an application. 
 11. If the application materials do not meet the requirements of Article 8 of the present Law, 
the applicant is immediately notified. If the applicant removes the no nconformity within 2 
months from the date of receiving the notifica tion, the date on which th e institution of expert 
examination received the corrected application mate rials is considered to be the date of filing 
the application. Otherwise, the a pplication shall be deemed to have not been filed, of which 
the notification shall be sent to the applicant.  12. If the application meets the requirements of  Article 7 of the present Law and the fee 
payment document meets the specified requirements,  the relevant notification shall be sent to 
the applicant.  13. If the requirements of Paragraph 8 of Artic le 7 of the present Law are not met, the 
application is considered withdrawn, about wh ich the notifica tion shall be sent to the 
applicant.  14. If the application does not meet the formal  requirements of Article 7 of the present Law 
and of the regulations issued by the Institution in compliance with the present Law, or if the 
fee payment document does not meet the specifie d requirements, a notifi cation shall be sent 
to the applicant with propositions to remedy irregularities.  If irregularities concern the gr ouping of goods and serv ices, the notificati on shall contain the 
list of goods and services grouped by the institu tion of expert examination and if necessary, 
the amount of the additional payment for filing the application shall be indicated in this 
notification. When certa in goods or service is presented in  the application as a term, which 
does not provide the possibility to classify it as a certain class of ICGS, the applicant is 
notified accordingly with the demand to replace this  term or remove it. If the applicant fails 
to fulfill the request, the said term would not be included to the list of goods and services 
grouped by the institution of expert examination.  Applicant shall remedy the irregularities indica ted in the notification within the period fixed 
in the Paragraph 6 of this Ar ticle for additional materials. 
 
15. In the course of the qualifying expert examin ation, the claimed sign shall be examined on 
the conformity with the conditions for granting the legal protection defined by the present Law. In this case, a database of the institution of expert examination, including the materials of applications, as well as external informati on sources and relevant o fficial publications are 
used.  16. If there are reasons to consid er that the claimed sign does not  meet fully or partially the 
requirements for granting the legal protection, the institution of expert examination shall send IP/N/1/UKR/T/1 
Page 12  
 
to the applicant the grounded pr eliminary conclusion with the pr oposition to give a motivated 
answer to support the registration of mark.  The applicant shall give the answer within th e period determined in Paragraph 6 of this 
Article for additional materials, and this answer is taken into consideration when the conclusion of the expert examination on the application is being prepared.  
 
Article 11. Withdrawal of an Application 
 
The applicant has the right to withdraw an appl ication at any time before the date of paying 
the State fee for granting a certificate.  
 
Article 11bis. Division of an Application 
 
1. The applicant has the right to  divide the application into  two or more applications 
(divisional applications ) by dividing the goods and services lis ted in the application so that 
each of the divisional a pplications shall not contain the goods  and services that  relate to the 
goods and services listed in th e other divisional applications. 
 2. The division of the application shall be accomplished by filing the applicant’s request on making relevant changes in the application an d the divisional applic ation (applications), 
provided that the respective fees are paid  for filing the request and the application. 
 3. The date of filing the divisional application shall be the same as the date of filing the 
divided application. The priority date of the divisional applica tion shall be the same as the 
priority date of the divided appli cation if there is a reason for that. 
 
Article 12. Publication on Granting a Certificate 
 
On the basis of the decision on registration of a mark and provide d that the documents 
confirming payment of the State fee for granting a certificate and the fee for publication on 
granting a certificate are availa ble, data concerning granting a certificate determined under 
the specified procedure, are publis hed in the official bulletin. Th e applicant shall pay the said 
fees after the date of receiving th e decision on registration of a mark. 
 If within 3 months after the date of receiving the decision on registration of a mark the 
documents for the payment of fees for grantin g a certificate and for publication on granting a 
certificate in the amount and under the proc edure defined by the le gislation were not 
submitted to the institution of expert examina tion, the publication would not be provided, and 
the application would be  considered withdrawn. 
 
The period for submitting these documents may be extended for no more than 6 months 
provided that the relevant request is submitted and the fee in connectio n with the request is 
paid before the date of the e xpiration of this period. This pe riod missed due to valid reasons 
shall be renewed provided that the relevant request is submitted and the fee is paid within 6 months from the expiration of this period.     IP/N/1/UKR/T/1 
 Page 13 
 
 
Article 13. Registration of a Mark 
 
1. At the same time with the publication of the data concerning granting a certificate, the Institution provides the State regi stration of a mark. For this purpos e, the Institution enters the 
relevant data in the Register. The Institution shall determine the form of the Register and the procedure for maintaining the Register.  2. After entering the data in the Register, any person has the right to access to this 
information under the procedure specified by the Institution and to obtain an abstract of the 
data concerning a certificate fr om the Register upon his request , provided that the fee for 
submission of the said request is paid.  3. Errors in the data entered in the Register  shall be corrected upon the initiative of the 
proprietor of the certif icate or the Institution. 
Changes to the Register may be introduced on the initiative of the proprietor of the certificate according to the specified list of permitted changes. Introduction of changes to the Register with respect to the certifi cate is subject to the paymen t of the respective fee.  
 
Article 14. Granting a Certificate 
 
1. The Institution shall grant the certificate within a month from the date of the State 
registration of the mark. The cer tificate shall be granted to a person that has the right to 
obtain the certificate. If severa l persons have the right to obtai n the certificate, they shall 
obtain a single certificate. 
 2. The form of the certificate and the contents of  the certificate data shall be specified by the 
Institution.  3. The granted certificate may be corrected by the Institution on the request of the proprietor 
of the certificate for removing obvi ous errors with the following notification in the official 
bulletin of the Institution.  4. If a certificate was lost or  damaged, the proprietor of the certificate may be granted a 
duplicate of the certificate und er the procedure determined  by the Institution. Granting a 
duplicate of the certificate is subject to the payment of the respective fee.  
 
Article 15. Appellation against the Decision on an Application 
 
1. The applicant may appeal to the court or the Appellate Chamber against the Institution 
decision on the application within 2 months from the date of r eceiving the Institution decision 
or copies of documents required according to the Paragraph 3 of Article 10 of the present 
Law.  2. If the Institution decision on the applicatio n was appealed to the court after the State 
registration of the mark, the court shall consider simultaneously the issue on the validity of the relevant certificate.  3. The right to appeal the Institution decision in  the Appellate Chamber would be lost after 
the payment of the State fee for granting a certificate. IP/N/1/UKR/T/1 
Page 14  
 
 
4. The appeal against the Institution decision in the Appellate Chamber is accomplished by 
submitting the objection on the Institution decision under the procedure determined by the present Law and the regulations of the A ppellate Chamber approved by the Institution. 
Submission of the objection is subject to the paym ent of the respective fee. If the fee is not 
paid within the period fixed in Paragraph 1 of  this Article, the objection is considered not 
submitted, and the applicant is notified accordingly.  5. After receiving by the Appella te Chamber the objection and the document for payment of 
the fee for submitting the objection, the processing of the application sha ll be terminated until 
the decision of the Appellate Chamber is approved.  6. The objection against the Institution decision on the application shall be considered according to the Appellate Chamber regulations w ithin 2 months from the date of receiving 
the objection and the document for payment of the fee for submitting the objection, within the 
framework of the reasons pr esented in the objection by the applicant and during the 
discussion of the objection. The period for cons ideration of the objection may be extended on 
the initiative of the applicant, but for no more  than 2 months, provided that the relevant 
request is submitted and the fee is pa id with respect to the request. 
 7. On the results of the consideration of the objection, the Appellate Chamber shall make a 
grounded decision that shall be approved by the order of the Institu tion and sent to the 
applicant.  If the objection was fully or partially satisfied, the fee for submitting the objection would be returned to the applicant.  8. Before approving the Appellate Chamber decisi on, within a month from the date of making 
the decision, the Head of the Institution may present a grounded written protest against this 
decision, and this protest shall be considered within a month. The decision of the Appellate 
Chamber made on the protest is final and may be cancelled only by the court. 
 9. The applicant may appeal to the court agai nst the Appellate Chamber decision approved by 
the Institution within 2 months from  the date of receiving the decision. 
 
Section IV 
RIGHTS AND OBLIGATIONS DERIVING FROM CERTIFICATE 
 
Article 16. Rights derivi ng from a Certificate  
 
1. The rights deriving from a certificate are effec tive from the date of filing the application. 
The validity period of the certif icate may be extended provided  that the respective fee has 
been paid.   2. The proprietor of the certific ate shall be entitled the right to use the mark and exercise 
other rights provided by the present Law.   3. The relationships between persons who are co-p roprietors of a certificate in the use of the 
mark shall be defined by an agreement between them. If such agreement is not available,  IP/N/1/UKR/T/1 
 Page 15 
 
 
each proprietor of the certificate may use the mark at his or her own discretion, but none of 
them has the right to grant a permission (a license) for the use of the mark and to transfer the property right for the mark to another person w ithout the consent of th e other proprietor of 
the certificate.  4. The following shall be considered to be the use of a mark:  applying the mark on any goods for which the ma rk is registered, the package containing the 
goods, the signboard connected with  the goods, a label, tab, tag or another item attached to 
the goods;   storing such a goods with the mentioned applic ation of the mark for the following offering 
for selling;  offering the goods for selling, selling, impor t (coming-in) and export (coming-out);  
 using the mark while offering or rendering a ny service for which the mark is registered; 
 using the mark in business documentation or in  advertising, and in th e Internet network. 
 A mark is considered to be the used one if it wa s presented in the form of a registered mark or 
in the form that differs from the register ed mark only by minor elements if such a 
presentation does not change the f eatures of the mark on the whole. 
 5. Any proprietor of a certificate has the exclus ive right to prohibit wi thout his permission, 
unless otherwise stated in the present Law, the use by other persons:  the registered mark with re spect to the goods and services  listed in the certificate; 
 the registered mark with respect to the goods and services concerning the goods and services 
listed in the certificate if such a use may result in a deception in relation to the person manufacturing the goods or rendering services;  the sign that is similar to the registered mark with respect to the goods and services listed in 
the certificate if the result of such a use is a risk of confus ing the said sign with the mark; 
 the sign that is similar to the registered mark with respect to the goods and services that are 
akin to those listed in the certificate if the resu lt of such a use is a risk of the deception in 
relation to the person manufact uring the goods or rendering serv ices or a confusion of the 
said sign with the mark. 
 
6. The exclusive right of a proprie tor of a certificate to prohibit the use of the registered mark 
by other persons without his permission does not extend to: 
 exercising of any right acquired before the date of filing the application or, if the application 
priority was claimed, before the priority date;  the use of the mark for the goods  introduced into the commercial  turnover under this mark by 
the proprietor of the certifi cate or by his permission, provided that the proprietor of the IP/N/1/UKR/T/1 
Page 16  
 
certificate has no essential reasons to prohibit such a use in connection with the following 
selling of the goods, in particular in case when the condition of goods changed or the quality of the goods lowered after its introdu cing into the commercial turnover; 
 the non-commercial use of the mark;  all forms of broadcasting and commentaries in news;  conscientious use of the names or addresses by them.  7. The proprietor of the certific ate may transfer, by an agreement, the property right to the 
mark to any person fully or with  respect to certain pa rt of the goods and se rvices listed in the 
certificate.  Transfer of the property right to the mark sha ll not be allowed, if it ma y cause a deception of 
a consumer with respect to goods and servic es or to the person manufacturing goods or 
rendering services.  8. The proprietor of the certificat e has the right to grant a permission (license) to use the mark 
to any person by a licensing agreement.  The licensing agreement shall contain a provis ion providing that the quality of goods or 
services manufactured or rendered according to  the licensing agreement will not be lower 
than the quality of goods and services provided by the proprietor of the certificate, and that 
the proprietor of the certificate will provide the control under the fulfillment of the said requirement.  9. An agreement for transferring the property righ t to the mark and a licensing agreement are 
valid if they were concluded in writin g and signed by the contracting parties. 
Each contracting party has the right  to notify an indefinite circle  of persons about transferring 
the property right to the mark or  granting a license for using th e mark. Such a notification is 
provided by publishing the information in the offi cial bulletin of the In stitution in the volume 
and under the procedure determined  by the Institution with simulta neous entering this data in 
the Register.  Publication of the information about transferring the property right to the mark completely 
and about granting a license to us e the mark as well as of the ch anges to the data proposed by 
the contracting party is subject to the payment of the respective fee. 
 In the case of publishing information about tran sferring the property right to the mark with 
respect to a part of the goods a nd services listed in th e certificate, the Inst itution shall grant a 
new certificate to the person to which the sa id right was transferred, provided that the 
document for the payment of the State fee fo r granting a new certificate is available. 
 10. The proprietor of the certificate shall be entitled to the right to  put a precautionary 
marking alongside of the mark that indicates th at the mark is registered in Ukraine.  
  IP/N/1/UKR/T/1 
 Page 17 
 
 
11. The proprietor of the certificate that carries out mediatory activ ity shall be entitled to the 
right to use his own mark al ongside of the mark of the pe rsons manufacturing goods or 
rendering services or instead of their mark  on the basis of an agreement with them. 
 
Article 17. Obligations Deri ving from a Certificate 
 
The proprietor of the certificate shall use the ri ghts deriving from a cer tificate in good faith. 
 
Section V 
TERMINATION OF VALIDITY AND INVALIDATION OF A CERTIFICATE 
 
Article 18. Termination of the Certificate Validity 
 
1. The proprietor of the certificate may at any time renounce the certificate fully or partially 
on the bases of a declaration s ubmitted to the Institution. The renunciation shall be effective 
from the date of publishing the relevant informa tion in the official bulle tin of the Institution. 
 2. The certificate validity is terminated in the case of default of the payment of the fee for 
extending the certificate validity period. The Ins titution before the expiration of the current 
certificate validity period shall receive the document for the payment of the fee for each 
extension, provided that the paym ent was made within the last 6 months of the said period. 
 The fee for extension of the certificate validity period ma y be paid and the payment 
document may be submitted to the Institution w ithin 6 months after the expiration of the 
specified period. In this case, the amount of the fee is increased by 50 per cent.  
The certificate validity is terminated from the fi rst day of the validity period for which the fee 
has not been paid.  3. The certificate validity shall be termin ated by the court in connection with the 
transformation of the mark into a sign that became commonly used as a sign for goods and 
services of a certain type after the date of fili ng the application. 
 4. If a mark is not used in Ukraine fully or with  respect to a part of goods and services listed 
in the certificate within three years from th e date of publishing the information on granting 
the certificate or from other da te after the publication, any pers on has the right to appeal to 
the court with a declaration for fully or par tially pre-term termination of the certificate 
validity.   In this case, the certificate validity may be te rminated fully or partially unless the proprietor 
of the certificate gives valid r easons for such a nonuse. In part icular, the said valid reasons 
are the following: 
 conditions that block the use of the mark indepe ndently of the will of  the proprietor of the 
certificate, such as the limitation of impor t of goods or other re quirements for goods and 
services that are determined by the legislation;  the possibility of deception with respect to the person manufacturing the goods or rendering services, while the person that appealed to the court or another person uses the mark for the IP/N/1/UKR/T/1 
Page 18  
 
goods and services in connection with which the demand for terminating the certificate 
validity was made.  For the purposes of this  Paragraph the use of the mark by ot her person is also considered to 
be the use of the mark by the proprietor of th e certificate if the proprietor of the certificate 
provides control cover the use of the mark by the said person.   
 
Article 19. Invalidation of Certificate 
 
1. A certificate may be fully or partially inva lidated by the court in  the following cases: 
 a) The registered mark does not meet the re quirements for granting the legal protection. 
 b) The certificate contains elements of th e mark reproduction and th e list of goods and 
services that were not presen ted in the filed application. 
 c) The certificate was granted in  the result of the filing an application with the infringements 
of rights of other persons.  2. If the certificate is considered to be fully or partially invalid, the Institution shall inform 
about it in its official bulletin.  3. The certificate or a part of the certificate that have been considered to be invalid, are 
considered to be those that ar e out of effect from the date of filing the application.   
 
Section VI 
PROTECTION OF RIGHTS 
 
Article 20. Infringement of Righ ts of Certificate Proprietor 
 
1. Any offence against rights of the proprietor of a certificate that are defined in Article 16 of 
the present Law, including the actions that shall be  agreed upon w ith the proprietor of the 
certificate but are carried out without his consen t as well as a preparation for such actions, 
shall be considered to be an infringement of the rights of the proprieto r of the certificate, 
which shall entail liability according to the le gislation of Ukraine currently in force.  
 The use of the marks and designatio ns specified in item 5 of article 16 of this Law in domain 
names without the certificate proprietor’s consent sh all be also considered an infringement of 
the proprietor’s rights.  
2. On the request of the proprietor of the certificate, the said infringement shall be terminated, 
and the infringer shall indemnify the actual damage to the proprietor of the certificate.  The proprietor of the certificate may also request to remove illegally used mark or sign from 
goods or goods package, which is so much similar to the mark that the mark and the sign may 
be confused, or to liquidate the produced reproductions of the said mark or the sign, which is 
so much similar to it that they may be confused.   IP/N/1/UKR/T/1 
 Page 19 
 
 
The person who was granted a li cense shall be also entitled to the right to require the 
restoration of the affected righ ts of the proprietor of the ce rtificate by the certificate owner 
consent.  
Article 21. Methods of Protecting Rights 
 
1. The protection of rights to a mark is pr ovided in courts or under other procedure 
determined by the legislation.  2. The jurisdiction of courts cove rs all legal relations arising in  connection with the use of the 
present Law.  The courts, according to their competence,  shall resolve disputes regarding: 
 determination of the certificate owner;  conclusion and execution of licensing agreements;   infringement of the certificate owner rights.  
Article 22. Right to Re-Registration 
 
No person, but the previous owne r of the certificate has the right  to re-registration of the 
mark within three years after the date of termin ation of the certificate validity in accordance 
with Paragraph 1-3 of Artic le 18 of the present Law. 
 
Section VII 
FINAL PROVISIONS 
 
Article 23. Fees 
 
The amount of, and the procedure for paying the State fee for granting certificates of marks 
for goods and services are determin ed according to the legislation.  
 The costs obtained from the payments of the St ate fee for granting certificates of marks for 
goods and services are included to the State Budget of Ukraine.  The amounts, payment terms, and the procedure fo r the payment of fees shall be determined 
The Cabinet of Ministers of Ukraine.  
The fees provided by the present Law shall be paid to current accounts of the institutions 
authorized by the Institution and included to the State system of the legal protection of 
intellectual property and, with c onsideration of their specializati on, carry out individual tasks 
defined by the present Law.  The earnings from the fees provided by the present Law are purpose-oriented and, according 
to the orders of the Institution, shall be used solely for the provision of the development and 
operation of the State system of the legal protect ion of intellectual prope rty, in particular for IP/N/1/UKR/T/1 
Page 20  
 
implementing tasks defined by the present Law a nd other normative and legislative acts in the 
sphere of intellectual property.  
Article 24. Registration of mark in foreign States 
 
1. Any person has the right to register a mark in foreign States.  2. In the case of registration of  a mark in foreign States according to the Madrid Agreement 
on International Registration of Marks or the Protocol to the Madrid Agreement on 
International Registration of Ma rks, the application for the international registration as well 
as the relevant declarations on the territorial extension of the international registration shall 
be filed via the Institution, provided that the respective national fee is paid for filing each 
declaration.  3. The applicant or another person by the agreem ent with the applicant shall pay expenses 
with respect to the international regi stration of a mark in foreign States. 
 
Article 25. Protection of righ ts to a well-known mark 
 
1. The protection of rights to a well-known mark is provided according to Article 6-bis of the 
Paris Convention for the Protec tion of Industrial Property and the present Law and is based 
on the recognition of the mark as a well-known ma rk by the Appellate Chamber or the court. 
The mark can be recognized as well-known i rrespective of its regi stration in Ukraine. 
 2. While determining whether a mark is a well-k nown mark in Ukraine, the following factors 
may be considered if they are applicable:  the degree of the reputation and recognition of  a mark in the relevant public sector; 
 the duration, volume, or geographica l area of any use of the mark; 
 the duration, volume, or geographical area of any propagation of the mark, including 
advertising, offering to public, and display at  exhibitions of goods a nd/or services with 
respect to which the mark is used;  the duration, volume, or geographical area of any mark registration an d/or applications for 
the registration of the mark, provided th at the mark is used or recognized; 
 evidences of the successful protec tion of rights to the mark, in particular the territory where 
the mark is recognized as a well-known  mark by authorized organizations; 
 
the value associated with the mark.  3. The procedure for recognizing the mark as  a well-known mark by the Appellate Chamber 
in Ukraine shall be determined by the Institu tion. Submission of the request for recognizing 
the mark as a well-known mark is subject to th e payment of the respective fee. The decision 
of the Appellate Chamber on the recognition of the mark as a well-known mark in Ukraine 
may be protested in the Court.   IP/N/1/UKR/T/1 
 Page 21 
 
 
4. The mark is protected in the same way as if the mark was filed for registration in Ukraine 
from the date, from which the mark is recogn ized as a well-known ma rk in Ukraine by the 
decision of the Appellate Chamber or the court.  The protection extends also to the goods and 
services that are not kindred to  the goods and services for which the mark is recognized as a 
well-known mark in Ukraine provided that the us e of the mark by another person with respect 
to such goods and services will be indicating a connection between the latter and the owner of 
the well-known mark, and his or her interests are likely to will be damaged due to such a use. 
 
 
The President of Ukraine      Leonid KRAVCHUK 
 
The city of Kyiv; December 15, 1993  
No. 3689-XII 
 
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