Question 1

Is the Patent and Trademark Office (Ukrpatent) still functioning?

Accepted Answer

Yes, Ukrpatent is open and continues working without any interruptions. Documents are filed and received electronically.

Ukrpatent perfected remote work during the Covid-19 pandemic, which has allowed it to continue working remotely in the current situation.

Question 2

Are there any changes in the work of Ukrpatent that right holders and applicants should be aware of?

Accepted Answer

By Presidential Decree No. 64/2022 of February 24, 2022 "On the imposition of martial law in Ukraine", the consideration of oppositions by the Appeal Board, including by videoconferencing, was suspended temporarily, until further notice. At the request of the parties, the opposition can be considered by the Appeal Board in written proceedings.

There have not been any other changes in Ukrpatent's operations.

Question 3

Will the deadlines be suspended or postponed due to the force majeure circumstances in Ukraine?

Accepted Answer

The Government of Ukraine has adopted the Law “On the Protection of Interests of Persons in the Sphere of Intellectual Property during the Martial Law Period” (Reg. № 7228) on April 01, 2022. However, up to date this law has not entered into force.

Pursuant to said Law, during the martial law in Ukraine, which was declared on February 24, 2022 and is still in place, all the deadlines related to the protection of IP rights, as well as the procedures for acquiring these rights, have been suspended.

Documents prescribed by the Ukrainian IP legislation, including applications, petitions, objections, responses, etc., may be submitted within 90 days from the date of lifting of the martial law, without paying a fee for the extension or restoration of the relevant deadlines.

Furthermore, the IP rights expiring during the martial law will remain in effect until the day following the day the martial law is lifted.

We would like to note that the suspension of deadlines is a right, but not an obligation and concerns primarily Ukrainian right holders, since due to the state of war, they have no possibility to perform the necessary actions.

Question 4

I am unable to use my trademark in Ukraine right now. Will it be cancelled due to non-use?

Accepted Answer

No, an unused trademark should not be cancelled if it was not used for circumstances beyond the right holder's control. Martial law is a reasonable excuse for non-use.

The non-use period in Ukraine is 5 (five) years from the registration date.

Question 5

Why is it still important to maintain and protect my IP rights in Ukraine right now?

Accepted Answer

It is important to remember that the IP legislation of Ukraine is based on the first-to-file, not first-to-use principle. Failure to renew a trademark registration or delaying the filing of a new trademark application may result in a third party acquiring rights to an identical or confusingly similar trademark.

We encourage companies and entrepreneurs to look to the future. The situation in Ukraine will change. It is much easier and less expensive to maintain IP rights than to restore or re-acquire lost rights.

Question 6

How is your company operating? Are you safe?

Accepted Answer

Fortunately, we are completely safe and are working remotely.