The decisions on declaration of ownership right to the intellectual property item (trademark, invention, utility model) and on recognition of the mark for goods and services as well-known ones shall be made by the Ministry of Economic Development and Trade of Ukraine. When the ministry makes a negative decision on these issues, an appeal against…
Transfer and re-registration of intellectual property rights to a trademark in Ukraine
In case of the purchase of rights to a trademark (or any other item of intellectual property) an appropriate agreement shall be concluded between the parties that defines the conditions for the transfer (alienation) of the rights: to which mark the rights are transferred (alienated) exactly, the scope of rights to be alienated, for which…
Non-use of the mark for goods and services
After registering a trademark, you need to use it. Otherwise, any interested person may apply to the court with the request to cancel the registration of rights to the corresponding mark for goods and services (in accordance with Part 4 of Article 18 of the Law). Recommended articles on other topics: How to establish…
Which classes of the International Classification of Goods and Services (ICGS) to choose for trademark registration?
There are currently 45 classes of ICGS (international classifier of goods and services) in total. 34 classes of these are goods, 11 are services. Registration of a trademark is made in a class that corresponds to the industry in which you conduct your business. Effectively closed projects in intellectual property by lawyers (records starting…
Trademark and royalty in Ukraine
Royalty means the payment that the trademark owner receives for providing third parties with a license to use the trademark. The owner of the trademark is quite often a non-resident from a country with minimum taxation. As a result, the tax rates lower than in Ukraine are imposed on the money, which he/she receives in…
Cybersquatting in Ukraine
Cybersquatting means registering a domain name without a registered trademark in order to sell the domain to an interested person. Faced with such a situation, it is necessary to clearly know: that the use of a designation identical to a registered trademark in the domain name means the use of such trademark. Therefore, if the…
How to choose a trademark in Ukraine: legal aspects
A preliminary search for registered trademarks can be carried out (even independently) by using the Ukrpatent database (http://base.uipv.org/searchBul/). For a full analysis of the possibility to register your mark, it is recommended to order an examination by Ukrpatent, the result of which will be in the form of an official document confirming the registered trademarks,…
The use of “force majeure” (Act of God) in the reality of Ukraine in 2014
The legal justification for changes in the terms of performance of agreements or termination of contracts (including foreign economic contracts) may be “force majeure”, which, among other things, includes military activities in the Donetsk and Luhansk Oblasts. However, in order to delay the performance of a contractual obligation or to terminate a contract (referring to…
Opening a branch and a representative office of Ukrainian company in Ukraine
FYI: the legal details of the representative office of foreign company in Ukraine are published here. The given below text is for representative offices of Ulrainian companies. Separate division of company: A separate division is a division of Ukrainian company that is located outside its location, manufactures products, performs works or transactions, provides services…
Full financial responsibility of employees in Ukraine
According to the Ukrainian labor legislation, the full financial responsibility of an employee is rather an exception to the rules. As a general rule, the responsibility of an employee for the damage caused to an employer (enterprise) is limited to the amount of such employee’s monthly salary. The full financial responsibility is applicable only to…