Use of a trademark containing the name of the state "Ukraine"
Registration and legal use of a brand containing the name of the state "Ukraine" is possible only under certain conditions.
When submitting the relevant application for registration, the applicant must pay an additional fee in the amount of 24,000 hryvnias for the inclusion in his brand of a designation that reflects the name of the state "Ukraine".
Such representation may contain the official name of the state "Ukraine", written in letters of the Ukrainian or any other alphabet, the international code of Ukraine "UA", defined according to the Standard of the International Organization for Standardization ISO 3166 and the Standard of the World Intellectual Property Organization ST.3 or imitation of official the name of the state "Ukraine", written in letters of the Ukrainian or any other alphabet.
Such designation of the name of the state "Ukraine" may be included in the mark as an element that is not protected, if the consent of the relevant competent authority or its owner.
In Ukraine, such a body is the Commission for the coordination of issues on the introduction of the designation, which contains the official name of the state "Ukraine" in the mark for goods and services (hereinafter - the Commission).
Such consent shall be given by the Commission subject to the following factors:
1. the use of the official name of the state "Ukraine" as an element of the mark for goods and services will not contradict public order, principles of humanity and morality, promote the interests of the state and will not mislead the public about the person producing goods or services;
2. goods and services in respect of which the use of such a mark for goods and services is envisaged, have industrial, educational, scientific, cultural or artistic value;
3. the types of goods and / or services produced and / or provided by the applicant are unique, unique to Ukraine;
4. the applicant occupies a dominant position on the market of Ukraine in respect of goods and / or services for which the use of the mark is provided for goods and services;
5. the applicant carries out foreign economic activity and in its group of goods and / or services of foreign economic activity occupies a dominant position;
6. the duration of the applicant's activity on the market of Ukraine or the world market in respect of such goods and / or services is not less than 5 years.
To obtain permission, the applicant must provide evidence to support at least two of these factors.
Such evidence may be documents confirming the recognition of the quality of goods or services of the applicant at the national or international level as a result of his participation in exhibitions, competitions, conferences, seminars (copies of diplomas, certificates, awards, etc.); information on the applicant's activities in the interests of Ukraine, published in the official media, etc.
Based on the results of consideration of the applicant's documents, the Commission decides to give consent to the inclusion of a designation containing the official name of the state "Ukraine" in the mark for goods and services.
Please note that applicants for this designation can only be individuals - entrepreneurs or legal entities.