On June 25, 2015 State Enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent) approved the Procedure to publish trademark applications online, aiming to improve the conditions for any person to oppose trademark applications.
The service is expected to be fully operational in two months, though details regarding technical support for the service have not yet been provided.
Implications for right holders and the market
The newly-approved Procedure defines the mechanism to publish trademark applications online and simplifies the process to file an opposition while a trademark is still being considered for registration, rather than after it is fully registered.
Since June 25, 2015, provided technical support is available, trademark owners will be able to monitor all trademark applications filed with Ukrpatent via its online resource to identify trademark applications which threaten to infringe the trademark owner's right to an existing trademark, aiming to file oppositions against such trademark applications.
What the Procedure says
The Procedure establishes that applications will be posted on the websites of the State Intellectual Property Service of Ukraine (SIPS) and the State Enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent).
Ukrpatent will provide free access to the applications with search, copy and print services.
The following information will be posted via the Internet:
- application number;
- application date;
- priority of exhibition;
- number of the priority application in accordance with the Paris Convention for the protection of industrial property;
- submission date of the priority application in compliance with the Paris Convention;
- bilateral code of the state which is a party to the Paris Convention or is a member of a regional organization, which filed the priority application as laid out in the standard WIPO ST.3;
- index(es) of the International classification of goods and services for registration of trademarks and the list of goods and services;
- index(es) of the International classification of the figurative elements of the trademark;
- the image of the trademark;
- indication that the trademark is collective;
- indication that the trademark is three-dimensional;
- indication of the colour or combination of colours that are protected;
- name or full name of the applicant(s) and his(their) address(es);
- name and registration number of the representative of intellectual property rights or other authorized person;
- address for correspondence.
Information pertaining to applications will only be published if it conforms with Article 7 of the Law of Ukraine "On Protection the Rights for Trademarks" and after an official filing fee is processed.
Details of the application will be immediately excluded from the web portal of SIPS and the website of Ukrpatent in case of:
- relevant decision of the State Intellectual Property Service of Ukraine on a particular application;
- statement of withdrawal of the application;
- notification from Ukrpatent that the application has been withdrawn.
Publishing trademark applications via the Internet will make the procedure for opposing trademark applications much easier and transparent.
However, the technical and technological support of the service has not been provided yet. This service is expected to fully operate in two months. It still remains unknown how this particular service will function in terms of searching, viewing, copying and printing relevant information right from the Internet.