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Law of Ukraine “On Protection of Rights to Trademarks for Goods and Services”

Date of Entry into Force: July 1, 1994

A certificate is issued in Ukraine for protecting rights to trademarks for products and services.

Legal protection is provided to a trademark, which does not contradict with public order, principles of humanity and morale and to which grounds for refusing provision of legal protection established by the present Law do not apply.

Object of trademark may be any sign or any combination of signs. Such signs can be, particularly, words, including proper names, letters, figures, visual elements, colors and combination of colors, as well as any combination of these signs.

Ownership right to a trademark shall be verified by a certificate. The validity term for the certificate totals ten years from the date of submitting the application and shall be extended upon the application of the certificate holder each time for another ten years.

Foreign persons and persons without citizenship have the rights equal to Ukrainian citizens, envisaged by this Law, international agreements of Ukraine, or on grounds of reciprocity principle.

Foreign and other persons, residing or having permanent location outside Ukraine shall use their rights by means of representatives for intellectual property issues (patent agents).

Certificate provides its holder with the exclusive right to use and manage the trademark at his own discretion. The rights, arising from the certificate become valid from the date when the application is submitted. The term of validity of the certificate shall be terminated on the following day of the next period of validity, in case of failure to pay a corresponding fee.

The Law contains the list of cases, when the certificate can be totally or partially invalidated.