According to the local legislation, trademark assignment in Ukraine comes into force only once the assignment agreement is recorded with the Ukrainian Patent and trademark office (UAPTO).
Assignment procedure of a trademark in Ukraine is clearly and fully described in the relevant Ukrainian legislation. Below we would like to briefly talk on its main features.
For recordal of trademark assignment in Ukraine an application accompanied with required documents should be submitted to the UAPTO.
Documents required for recordal of trademark assignment
- application for recordal of trademark assignment (composed in Ukrainian);
- assignment agreement or its notarized extract (in case if agreement is in foreign language Ukrainian translation is required);
- documents confirming payment of the official fee for recordal of trademark assignment (approx. USD 100);
- Power of Attorney (in case the documents are filed be the applicant’s representative).
Who can file the trademark assignment application
The trademark assignment application may be filed by any part of an assignment agreement provided that the parties are residents of Ukraine. Otherwise, the application can be filed by the assignee represented by Ukrainian trademark attorney.
Requirements to the assignment agreement and other necessary documents
The trademark assignment agreement (or a notarized extract thereof) should contain the following details:
- Names and addresses of the contracting parties;
- Scope of the agreement;
- Trademark registration number;
- The list of goods and services (with indication of the ICGS class number).
The parties’ authorized representatives should sign the assignment agreement and indicate their position, full name and the date of signing.
Neither notarization nor apostillation of the assignment agreement is required.
At the same time, the assignment agreement must be signed by the authorized representatives of both parties (e.g. company CEO). If the documents are signed by other person, submitting of the document confirming the powers is usually required.
Power of Attorney issued in the course of substitution must be notarized as well.
The local legislation requires that all the submitted documents should be filed in Ukrainian language only. Thus, if the assignment documents are executed in another language, the translation into Ukrainian language must be submitted as well.
The term for consideration of the filed documents at the UA PTO is 2 months.
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