2026

ADVANCE PARTNERS authors Ukraine chapter in ICLG trade mark laws and regulations 2026

ADVANCE PARTNERS authors Ukraine chapter in ICLG trade mark laws and regulations 2026

Advance Partners is proud to announce the publication of the Ukraine chapter in the International Comparative Legal Guide (ICLG) to Trade Mark Laws and Regulations 2026. Authored by Oleg Zhukhevych, Olga Danish, and Olga Kreshchenko, the chapter provides  jurisdiction-specific guidance on every stage of the trademark lifecycle in Ukraine – from application and prosecution through opposition, enforcement, and border control measures.

A Definitive Reference for Foreign Counsel

The ICLG is one of the most widely consulted international legal guides by foreign counsel, brand owners, and investors seeking reliable country-specific analysis. Inclusion as Ukraine’s contributing firm reflects Advance Partners’ recognised standing as a leading intellectual property practice in the country, with particular depth in trademark registration, contentious proceedings, and cross-border IP protection strategies.

The 2026 Ukraine chapter covers all critical areas relevant to businesses seeking trademark protection in Ukraine or enforcing existing rights:

  • Registration routes – local UANIPIO procedure and international Madrid System filings
  • Absolute and relative grounds for refusal, and strategies to overcome them
  • Opposition procedure, including post-grant administrative challenges
  • Revocation and invalidity actions – including non-use cancellation following the landmark Grand Chamber ruling
  • Trade mark enforcement before commercial and civil courts
  • Border control measures – both Customs Register-based and ex officio seizures
  • Domain names and the .UA ccTLD – available exclusively to registered trade mark owners
  • Registrable transactions: assignments, licences, and security interests

Key Legislative Developments Covered

The chapter reflects the most significant regulatory and judicial developments shaping Ukraine’s trademark landscape in 2025-2026:

Resumption of IP time limits. Law No. 4362 (16 April 2025) provides for the full resumption of procedural deadlines for IP rights actions – including fee payments for maintaining and extending trademark protection – that had been suspended under martial law provisions.

TMview integration. From 22 October 2025, UANIPIO’s trademark data is searchable via the EUIPO’s TMview platform, significantly enhancing transparency and accessibility of Ukrainian trademark information for European businesses and IP professionals.

UANIPIO methodological guidelines. In October 2025, UANIPIO issued detailed guidelines on the examination of trade mark applications containing geographical indications – systematising the criteria for assessing consumer deception risks and establishing practical algorithms for evaluating derivative designations.

New Trade Mark Law. Ukraine is expected to adopt a comprehensive new Law ‘On the Protection of Rights to Trade Marks’ in 2026, implementing EU Directive 2015/2436. The draft introduces a 12-section, 134-article framework – including post-grant opposition, administrative invalidation, non-use as a defence, and a transition to examination on absolute grounds only.

Landmark Supreme Court Rulings

The chapter analyses three important rulings issued within the past 18 months:

Grand Chamber of the Supreme Court, 5 March 2025 (Case No. 910/8781/23). Confirmed that a five-year non-use period runs continuously, regardless of any change in ownership or authorised users – a critical precedent for non-use cancellation proceedings.

Supreme Court, 4 March 2025 (Case No. 910/4724/21). Clarified that likelihood of confusion analysis requires a comprehensive phonetic, visual, and conceptual assessment; forensic expert opinions are not automatically required where existing evidence is sufficient.

Supreme Court, 17 June 2025 (Case No. 910/4461/23). Established the conditions for prior user rights under Article 500 of the Civil Code of Ukraine and confirmed that good faith use requires a robust evidentiary basis – contracts, invoices, product samples, and certificates.

Enforcement Trends for Brand Owners

The chapter identifies three enforcement trends of particular relevance to rights holders active in Ukraine:

Growing Appeals Chamber activity. A significant increase in applications to recognise trade marks as well-known in Ukraine – driven by brand owners seeking protection for unregistered marks and broader coverage across dissimilar goods and services.

Proactive customs enforcement. A marked rise in ex officio suspensions by customs authorities, including for trade marks not entered in the Customs Register, signals a more assertive role for border control in Ukraine’s IP enforcement framework.

Online enforcement. Rights holders intensified anti-counterfeiting efforts across national marketplaces and social media platforms, and pursued cases of trademark misuse in keyword advertising and domain names.

About the Authors

The Ukraine chapter was authored by three members of Advance Partners’ trademark team:
Oleg Zhukhevych, Olga Danish and Olga Kreshchenko.

 

Read the full chapter:
ICLG Trade Mark Laws and Regulations 2026 – Ukraine

 

For enquiries about trademark registration, opposition proceedings, or IP enforcement strategies in Ukraine, please contact Advance Partners.

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