Advertising law amended to let marks speak for themselves

Amendments to the Advertising Act removing the controversial requirement to translate all trademarks into Ukrainian have come into force.

The Advertising Act was amended last year to introduce, among other things, a rule that all advertising, including marks and logos, should be in Ukrainian. Critics considered the requirement contrary to the provisions of Article 6quinquies of the Paris Convention for the Protection of Industrial Property (see Language requirement for trademarks in advertising condemned).

The latest amendments have removed the requirement. Trademarks shall now be reproduced in advertising in the form in which they are granted legal protection in Ukraine under the trademark legislation in force - in particular Article 6quinquies of the Paris Convention. However, advertising must still comply with the national language legislation, which requires that Ukrainian be used in official advertising, reports and announcements.

Ilja Afanaskin, Konnov & Sozanovsky, Kiev