We have been managing the trademark portfolios of our carious clients for more than two decades, including changes in the owner's address and/or name during the registration period, transfers of rights, and monitoring the expiration of protection to keep the registrations in force. We have the experience and resources to manage your trademarks in Ukraine and around the world.
The validity period of the Certificate of Ukraine for a trademark is 10 years, based on the date of filing an application for trademark registration. If the owner wishes to extend the validity of the Certificate, it can be done every ten years, calculations are from the date of filing the application, the applicant personally or through his representative must officially extend the validity of the Certificate by filing a relevant renewal application with the Ukrainian National Office for Intellectual Property and Innovations and paying the fee provided for by the effective legislation. This application can be filed starting from the 6-month period prior to the specified date. There is also a grace period providing for a 6-month period during which the validity of the certificate can be extended if it has not been extended in time. The surcharge is 50% of the relevant fee.
Trademark rights in Ukraine can be transferred on the basis of a trademark rights transfer agreement, which becomes effective only after registration with the relevant department of "Ukrainian National Office of Intellectual Property and Innovations" (UKRNIPI). We provide our clients with the relevant requirements and the bilingual drafts of such agreements, which must be signed by authorized representatives of the Owner (Assignor )and the Successor (Assignee). We also provide assistance in adapting client agreements to the effective legislation of Ukraine if they were drafted by the clients themselves. A power of attorney form authorizing the filing of applications for registration of rights transfer agreements must be signed by an authorized person and does not require notarization.
The effective legislation of Ukraine provides for the possibility of entering into agreements for the use of a registered trademark, granting a so-called License from the Owner (Licensor) to a person who is willing to use the trademark in accordance with the License (Licensee). In accordance with the agreed terms, the License Agreement shall specify the type of License (exclusive/non-exclusive), territory, term. The parties shall also determine the procedure for payment for the License Royalties. One of the company's services is the preparation of license agreements based on the specific circumstances and requirements of the parties.
One of the goals of managing trademark portfolios is to timely submit to the State Register of Certificates of Ukraine information on any changes to the information on the owner after registration.
According to the information received form the client we monitor such changes and update the information in the State Register of Certificates of Ukraine.
In case of a change in the address of the trademark owner or its name, we submit the relevant documents confirming such changes. This may be the company's Charter, an extract from the Unified State Register of Enterprises, an extract from the Trade Register or a merger document, etc.