Can a Trademark in Ukraine Include “Ukraine”, “UA” or the State Emblem?

Foreign companies and brand owners entering the Ukrainian market sometimes seek to incorporate national identity into their trademark – by including the word “Ukraine”, the international country code “UA”, or a visual element resembling the Small State Emblem of Ukraine (the trident). What many do not realise is that these elements are legally restricted designations: their inclusion in a trademark requires a separate authorisation from a dedicated government commission. This article explains the legal framework, who qualifies for authorisation, the substantive criteria, and the procedural sequence applicants must follow.

1. The Legal Framework: General Rule and the Exception

Under Article 6(1) of the Law of Ukraine On the Protection of Rights to Marks for Goods and Services, designations that reproduce or imitate the official name of a state or its symbols – including the name “Ukraine” and the image or imitation of the Small State Emblem of Ukraine – cannot be registered as trademarks.

The same article, however, provides an exception: such elements may be incorporated into a trademark as non-protectable components – provided that the competent authority grants written authorisation. In Ukraine, that authority is the Commission for Granting Permission to Use the Official Name and International Alphabetical Code of the State of Ukraine and/or to Include an Imitation of the Small State Emblem of Ukraine in a Trademark (the “Commission”).

📋 Regulatory reference: The Commission operates under the Regulation approved by Order of the Ministry of Economy of Ukraine No. 19944 of 20 December 2023, registered with the Ministry of Justice on 6 February 2024 (No. 188/41533) and in force from 27 February 2024.

2. Who May Apply for Authorisation?

Authorisation may be granted only to applicants who are Ukrainian legal subjects. The following categories of applicants are eligible:

• Individual (natural person) – a citizen of Ukraine.
• Individual entrepreneur (sole trader) – registered under Ukrainian law.
• Legal entity – incorporated and registered under Ukrainian law.

⚠️ Important for foreign companies: Foreign legal entities are not directly eligible to apply for authorisation from the Commission. A foreign company wishing to register a trademark in Ukraine that incorporates these elements would generally need to do so through a Ukrainian-registered entity, or consider whether the national identity elements are strictly necessary for the brand strategy. Ukrainian IP counsel can advise on structuring options.

3. Substantive Criteria: What Must the Applicant Demonstrate?

The criteria differ depending on which element the applicant seeks to include. In all cases, the applicant must first establish that the proposed use will not contravene public policy or generally accepted principles of morality.

To include “Ukraine” or “UA” (the country code)

In addition to the public policy requirement, the applicant must provide evidence establishing at least one of the following:

• The goods and/or services covered by the trademark application have industrial, social, educational, scientific, cultural or artistic value, or value for sectors of the Ukrainian economy.
• The applicant provides charitable or humanitarian assistance in the form of the goods and/or services covered by the application.
• The applicant holds a dominant market position in Ukraine for the relevant goods and/or services.
• The applicant is engaged in foreign economic activity and holds a dominant position in its product/service category within that activity.
• The applicant has been operating in the Ukrainian or global market in respect of the relevant goods and/or services for at least five years.

To include an imitation of the Small State Emblem of Ukraine (the trident)

The threshold is higher: the applicant must satisfy the public policy requirement and establish at least two of the following criteria:

• The goods and/or services have industrial, social, educational, scientific, cultural or artistic value, or value for sectors of the Ukrainian economy.
• The applicant provides charitable or humanitarian assistance in the form of the goods and/or services covered by the application.
• The applicant has a recognised reputation for the relevant goods and/or services and undertakes measures to promote a positive image of Ukraine in connection with those goods and/or services.
• The applicant holds a dominant market position in Ukraine for the relevant goods and/or services.
• The applicant is engaged in foreign economic activity and holds a dominant position in its product/service category within that activity.
• The applicant has been operating in the Ukrainian and/or global market in respect of the relevant goods and/or services for at least five years.

Element	Criteria to satisfy
“Ukraine” / “UA”	At least 1 of the 5 criteria listed above
Imitation of the Small State Emblem	At least 2 of the 6 criteria listed above
Both elements combined	Requirements apply cumulatively

4. The Procedural Sequence: Three Mandatory Steps

A critical procedural feature is that applicants cannot approach the Commission proactively – even if they are certain they will need authorisation. The sequence is fixed by law and cannot be short-circuited:

Step 1. File the trademark application with UANIPIO.  Submit the trademark application in the normal way, including the contested elements in the mark as filed.

Step 2. Receive UANIPIO’s notification.  During substantive examination, UANIPIO will issue a notification to the applicant indicating that authorisation from the Commission is required before the application can proceed.

Step 3. Submit a petition to the Commission.  Only after receiving UANIPIO’s notification may the applicant submit a formal petition to the Commission, accompanied by the supporting evidence required under the applicable criteria.

📋 Processing time: The Commission is required to consider the petition within two months of receipt. Following its deliberation, the Commission issues a reasoned decision either granting or refusing authorisation. If authorisation is refused, the applicant has the right to challenge the decision before a Ukrainian court.

5. Recent Developments: A More Accessible Regime

The entry into force of the Commission’s Regulation in February 2024 marked a significant improvement in the Ukrainian legal framework. Prior to this, there was no functioning authorisation mechanism in place – meaning applications containing these elements were effectively blocked.

The 2024 reform introduced three key changes:

• A dedicated Commission was established for the first time, creating a clear institutional pathway for applicants to obtain authorisation.
• The circle of eligible applicants was expanded to include natural persons (individual citizens of Ukraine), alongside entrepreneurs and legal entities.
• The evidentiary burden was reduced: applicants are no longer required to satisfy all criteria simultaneously – one criterion suffices for “Ukraine”/”UA”, and two criteria for the State Emblem imitation.

Conclusion

Including the word “Ukraine”, the code “UA”, or the Small State Emblem in a trademark is no longer an unattainable objective under Ukrainian law. It is a realistic goal – provided the applicant is a qualifying Ukrainian legal subject, can document the necessary criteria, and follows the mandatory three-step procedural sequence.

For foreign companies and brand owners, early legal assessment is essential: understanding eligibility and gathering evidence before filing significantly increases the probability of a successful outcome and avoids delays during examination.