Region: Ukraine

RENALGAN Case requires reconsideration

The Higher Economic Court of Ukraine has upheld in part an appeal against earlier decisions, which had accepted a claim by a company called Lekchim that two entities had violated its rights in the trademark RENALGAN (in Cyrillic characters). The court concluded that the lower courts had failed to examine fully all the circumstances of the case, including, among other things, issues relating to prior use.

05 April 2005

Ukraine introduces new official fees for IP protection

New fees for IP protection became applicable in Ukraine on February 5 following the adoption by the Cabinet of Ministers of Decree 1716/2004 on December 23. The rates of the official fees are established both in Ukrainian hryvnia and in euros. The official fee for filing a trademark application is now €250 for one class and €120 for each additional class. The fee is higher for colour applications, and where there are several applicants.

11 February 2005

Kiev court brushes toothpaste mark off register

The Kiev Commercial Court has upheld an invalidation action against the mark NOVIJ SCHEMCHUG (meaning 'new pearl') for toothpaste. The court found that the mark was confusingly similar to the earlier SCHEMCHUG mark (meaning 'pearl') for the same type of goods.

28 October 2004

Ukrainian singer hits the right note with TAYA cancellation claim

In <em>Povaliy v Ukrainian Macaroni Ltd</em>, the Commercial Court of Kiev has upheld a complaint brought by the plaintiff - a Ukrainian singer – and has ordered the cancellation of the defendant’s TAYA trademark. It found that the mark was identical to the plaintiff’s famous Taya stage name and had been used without her consent.

06 July 2004

Marks recognized as well-known for the first time

Pursuant to recent amendments to the Ukrainian Trademark Act, the Kiev Economic Court has for the first time recognized a number of marks as well-known trademarks. The decisions apply to the trademark EUROPA PLUS and its Cyrillic counterpart, and to a series of MCDONALD'S marks.

13 May 2004

Advertising law amended to let marks speak for themselves

Amendments to the Advertising Act removing the controversial requirementto translate all trademarks into Ukrainian have come into force. The rule, introducedlast year, was considered contrary to the provisions of Article 6<i>quinquies</i>of the Paris Convention for the Protection of Industrial Property.

29 March 2004

Changes to Ukrainian trademark law and practice announced

A number of changes to Ukrainian trademark law and practice are likely to occur in the near future. The Ministry of Ukraine is currently considering changes to the official fees charged for trademark registrations. New rules giving the Appeal Board of the Ukrainian Patent Office the authority to grant certain marks with well-known trademark status have also been announced.

03 March 2004

New Civil Code will introduce important changes to trademark rules

New rules on trademark registration and use will come into force when the new Civil Code of Ukraine takes effect on January 1 2004. The new code introduces provisions on international registration into Ukrainian law for the first time and also establishes a right of prior use.

12 December 2003

Language requirement for trademarks in advertising condemned

Business and legal circles in Ukraine have roundly condemned as "vague" and "unlawful" a new rule introduced by amendments to the Advertising Act. The amendments provide that (i) all trademarks used by Ukranian companies in advertising in Ukraine must be exclusively in Ukrainian, and (ii) where a foreign firm's trademark is used in advertising, it must also appear with its equivalent meaning in Ukrainian.

21 November 2003

Amendments to Ukrainian Trademark Act now in force

Amendments to the Trademark Act have come into force. The amendments set out procedures for the recognition of well-known marks, which until now have only been protected by the Paris Convention. They further state that the acts of preparation prior to an act of trademark infringement may also infringe that mark. A new fee structure for trademark registration has also been announced.

22 September 2003

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