Tuesday, December 19 2023   \  Published by Wolters Kluwer.

The Trident Unleashed: Important Amendments to Trademark Law in Ukraine

The Trident Unleashed: Important Amendments to Trademark Law in Ukraine

Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country names or letter codes of states as trademarks. The Paris Convention for the Protection of Industrial Property as of 1883 safeguards state symbols from unauthorized registration and use as trademarks.

In the heart of this legal landscape, Ukraine stands distinctively with its approach to the name “Ukraine” (in any alphabet) and the international letter code of the state “UA”. The Trademark Law of Ukraine (“Trademark Law“) strictly prohibits legal protection for these designations or their imitations, but there are opportunities for creative minds to explore.

The Commission

Two key conditions unlock the potential for use of the name “Ukraine”, its imitations, or country code “UA” in a trademark. Firstly, they must be included as non-protectable elements. Secondly, their inclusion is subject to the consent of the competent authority, which is the Commission for the Approval of Issues on Inclusion of the Designation Comprising the Official Name of the State “Ukraine” into the Trademark (“Commission“) created by the National Intellectual Property Authority. The Commission is not yet operating, but it is expected to resume soon. Read more

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