Challenge
The client filed a trademark application in Ukraine. An opposition was lodged against it, based on an earlier identical registration held by a third party. This blocking registration prevented the client from obtaining trademark protection for its own brand in the Ukrainian market.
Our approach
We pursued a strategy of removing the obstacle through court cancellation of the blocking registration. We filed a lawsuit seeking invalidation of the earlier registration. The court of first instance granted the claim in full. With the blocking registration cancelled, the opposition based on it was rendered moot and disregarded by the IP Office.
Outcome
UANIPIO issued a registration decision for the client’s trademark. The client secured full legal protection of its brand in the Ukrainian market, while the third party’s blocking registration was definitively cancelled.
Strategy
Cancellation + registration
Lawsuit
Granted in full
Opposition
Disregarded
Outcome
TM registered