In Ukraine, opposition is not treated as a separate procedure in the trademark registration journey. Rather, the opposition procedure flows simultaneous to the Examination procedure.
- Filing Notice of Opposition – As per Article 10(8) of Law of Ukraine On Protection of Rights to Marks for Goods and Services, within three (3) months from the publication of a trademark application, any person can file a notice of opposition to the application or validity of an international registration in Ukraine.
- Filing of Counter Statement – Thereafter, the examining authority shall send a copy of the opposition to the applicant, inviting a response to the opposition within two (2) months. This period is three (3) months for holder of international registration.
However, not responding to the Opposition would not deem the application as abandoned, unlike in several other jurisdictions. The Applicant has the option to not file their observations and await the decision of the Examining Authority. - Substantive Examination – The Opposition will be analysed taking into account the applicant’s reply, if provided, while undergoing substantial examination of the application. The decision of the Opposition will be provided in the Examiner’s opinion on the application and the same shall be sent to the Opponent.
- Decision & Order – On the basis of substantive examination and opposition, if the application is found to be objectionable, a grounded provisional opinion with an exhaustive list of grounds shall be sent to the applicant asking for a response to the objections raised therein.
On the other hand, if the application is found to be acceptable, i.e. the opposition is not accepted and no other grounds of refusal were found in the application, a decision on registration of the mark will be issued.
APPEAL TO DECISION OF THE OPPOSITION
In an event that any party is unsatisfied with the decision of the Examining Authority, an appeal can be filed with the Court or Appeals Chamber within two months from the date of receipt of the said decision. This period is three (3) months for holder of international registration.
DOCUMENTS REQUIRED TO FILE AN OPPOSITION
- Only executed Power of Attorney in the name of the Opponent
- Relevant evidence of use of the mark (if any) in Ukraine or any other jurisdiction
For more information on trademark opposition in Ukraine, please write to us at foreign.opp@ssrana.com