On June 25, 2015 State Enterprise"Ukrainian Institute of Intellectual Property" (Ukrpatent) approvedthe Procedure to publish trademark applications online, aiming to improve theconditions for any person to oppose trademark applications.

The service is expected to be fully operational in two months, though detailsregarding technical support for the service have not yet been provided.

Implications for rightholders and the market

The newly-approved Procedure defines the mechanism to publish trademarkapplications online and simplifies the process to file an opposition while atrademark is still being considered for registration, rather than after it isfully registered.

Since June 25, 2015, provided technical support is available, trademark ownerswill be able to monitor all trademark applications filed with Ukrpatent via itsonline resource to identify trademark applications which threaten to infringethe trademark owner's right to an existing trademark, aiming to fileoppositions against such trademark applications.

What the Procedure says

The Procedure establishes that applications will be posted on the websites ofthe State Intellectual Property Service of Ukraine (SIPS) and the StateEnterprise "Ukrainian Institute of Intellectual Property"(Ukrpatent).

Ukrpatent will provide free access to the applications with search, copy andprint services.

The following information will be posted via the Internet:

• application number;
• application date;
• priority of exhibition;
• number of the priority application in accordance with the Paris Conventionfor the protection of industrial property;
• submission date of the priority application in compliance with the ParisConvention;
• bilateral code of the state which is a party to the Paris Convention or is amember of a regional organization, which filed the priority application as laidout in the standard WIPO ST.3;
• index(es) of the International classification of goods and services forregistration of trademarks and the list of goods and services;
• index(es) of the International classification of the figurative elements ofthe trademark;
• the image of the trademark;
• indication that the trademark is collective;
• indication that the trademark is three-dimensional;
• indication of the colour or combination of colours that are protected;
• name or full name of the applicant(s) and his(their) address(es);
• name and registration number of the representative of intellectual property rightsor other authorized person;
• address for correspondence.

Information pertaining to applications will only be published if it conformswith Article 7 of the Law of Ukraine "On Protection the Rights forTrademarks" and after an official filing fee is processed.

Details of the application will be immediately excluded from the web portal ofSIPS and the website of Ukrpatent in case of:

• relevant decision of the State Intellectual Property Service of Ukraine on aparticular application;
• statement of withdrawal of the application;
• notification from Ukrpatent that the application has been withdrawn.

Conclusion

Publishing trademark applications via the Internet will make the procedure foropposing trademark applications much easier and transparent.

However, the technical and technological support of the service has not beenprovided yet. This service is expected to fully operate in two months. It stillremains unknown how this particular service will function in terms ofsearching, viewing, copying and printing relevant information right from theInternet.

Additional notes

ThisLEGAL ALERT is issued to inform Baker & McKenzie clients and otherinterested parties of legal developments that may affect or otherwise be ofinterest to them. The comments above do not constitute legal or other adviceand should not be regarded as a substitute for specific advice in individualcases.