Publicly accessible database of pending national applications is launched
On August 21 2015 the Ukrainian Intellectual Property Institute (UIPI) launched a publicly accessible database which provides the details of pending national trademark applications.
The Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" provided that anyone had a right to review the contents of a trademark application after the application filing date had been established. At the same time, before the database was launched, it was not possible to do a search through the database of pending applications; the only option was to request such a search, as a paid service, from UIPI.
According to the Order of Publication of the Details of Trademark Applications on the Internet, the details of trademark applications shall be published on the websites of the State Intellectual Property Service of Ukraine and its subordinate examination body, the State Enterprise Ukrainian Intellectual Property Institute. The abovementioned database shall be accessible 24 hours a day, seven days a week, free of charge; furthermore, a search function will be available and it will be possible to make copies and print the information.
The database shall include the following application details:
application number and filing date;
details of the exhibition priority;
the priority application number, filing date and the country/organisation where the priority application was filed;
the classes of goods and services (Nice Classification);
indices of the figurative elements of the mark (Vienna Classification);
an image of the trademark (However, the image of the trademark is not deemed published if, in an expert's opinion, it contains elements that are contrary to the principles of humanity and morality, among others. The respective indication is made in the database instead);
an indication that the mark is a collective mark;
an indication that the mark is three-dimensional;
an indication of the colour or combination of colours of the mark;
the applicant's name and address;
the name and registration number of the applicant's attorney; and
a postal address.
The details of a trademark application shall be removed from the database immediately in the following circumstances:
once a decision on the application has been issued (eg, the application is granted);
if a request to withdraw the application has been filed by the applicant; and
if UIPI notifies the applicant that the application is considered as withdrawn (eg, if no response to an office action has been filed in due course).
The database is expected to facilitate the filing of oppositions against national trademark applications. Although the possibility to file an opposition was provided for by the amendments to the Ukrainian Trademark Law in 2003, in the absence of publicly available details of pending applications, exercising such right had been problematic.
Julia Semeniy, Asters, Kiev
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