One of the main concerns of many foreign rights holders in Ukraine is the issue of extending the validity of a trademark certificate and the status of previously registered patents.
Despite the entire emerging situation in the country, the Verkhovna Rada of Ukraine adopted a special law that entered into force on April 2, 2022, which regulates the course of processes and the procedure for conducting office work by Ukrpatent.
Renewal of trademarks and use of patents in force
Suppose the date of commencement of the renewal of a trademark certificate or the retention of property rights to other IP subjects falls on the day of the introduction or during the entire period of martial law. In that case, this action is considered to be committed by a person on time if it is committed no later than 90 days from the day following the day of cancellation of martial law.
Rightsholders (natural person and legal entities) have the right to submit documents (applications, petitions, objections, responses, etc.) no later than 90 days following the day of cancellation of martial law, without paying fees for restoration, extension, or extension of terms.
Expiration of the legal protection of IP objects
The validity of proprietary IP rights that expires on the day of the introduction or during the period of martial law remains in force until the day following the cancellation of martial law. In some cases, the period of validity of the legal protection of IP objects, the period that expired during the period of martial law may be extended.
Separate cases of suspension of the course of procedural terms
The following periods are suspended:
- deadlines for filing an objection against an application for a trademark in Ukraine;
- deadlines for appealing decisions of Ukrpatent in a judicial or administrative order;
- deadlines for applying to recognizing the rights to an invention as invalid,
- terms during which renewal of the missed terms is possible.
From the day following the day of cancellation of martial law, the course of these terms continues, taking into account the time elapsed before they were stopped.
1. All patents and trademarks currently in force in Ukraine continue to be valid and have legal protection;
2. Extension of the validity of certificates for trademarks and maintenance of patents can be carried out by the right holders within 90 days after the end or termination of martial law;
3. Patents and trademarks which expire during martial law shall continue to be valid until the end or termination of martial law.