Ukrainian Trademark Law Reform: Key Changes
Ukraine is preparing a major overhaul of its trademark system to align with EU law. The draft Law "On Trademarks”, now open for public consultation, would scrap substantive examination on relative grounds – cutting registration to around three months, but shifting the burden onto rights holders to monitor and challenge conflicting marks themselves through a new three months post-grant opposition procedure. The reform also introduces administrative invalidation before the IP Office, non-use as a defence, protection for certification and collective trademarks, and legal effect for EU trademarks in Ukraine, subject to the applicable transitional arrangements. In this legal alert, we outline the key changes brand owners should prepare for.
Ukraine’s Ministry of Economy has officially launched public consultations on a draft Law "On Trademarks” ("Draft Trademark Law”), rolled out on 15 July 2026. The Draft Trademark Law introduces significant changes to the Ukrainian trademark legislation to further harmonise national law with EU standards, in particular through the implementation of Directive (EU) 2015/2436 and alignment with Regulation (EU) 2017/1001 on the European Union trademark, in fulfilment of Ukraine’s obligations under the EU – Ukraine Association Agreement. The Draft Trademark Law reflects recent recommendations from the European Commission and EUIPO-backed "EU4IP” technical assistance project.
With adoption expected this year, the Draft Trademark Law will feature a phased rollout. It officially enters into force the day after publication and becomes effective one year later. However, certain key provisions are closely tied to Ukraine’s European integration, are set to take effect simultaneously with the country’s formal accession to the EU.
Trademark owners should prepare for a more proactive enforcement environment, where monitoring registrations and timely action will be essential. The reform shortens registration timelines by removing mandatory substantive examination on relative grounds (except when an earlier trademark owner files an opposition), reducing the process to up to six months from the current average of approximately 18 months for applications proceeding smoothly. Owners of earlier registrations will need to track potential infringements themselves, while applicants may receive certificates that are comparatively weaker and easier to challenge in administrative proceedings.
The key planned novelties are outlined below.
Key Changes
1. Restricted Examination and Post-Grant Opposition. The most significant change in the legislation is that the Ukrainian IP Office will limit trademark examination to formal requirements and absolute grounds for refusal. Unlike the current legislation, which provides for substantive examination based on both absolute and relative grounds, the Draft Trademark Law limits substantive examination to absolute grounds for refusal only, meaning that trademarks meeting formal requirements and absolute grounds will be registered without prior examination of relative grounds.
Following registration, a three-month post-grant opposition period will be introduced, during which owners of the earlier trademark registrations may challenge the registration on relative grounds. Relative grounds may also be assessed later in invalidation proceedings.
2. Expanded Absolute and Relative Grounds for Refusal. The Draft Trademark Law introduces a separation between absolute and relative grounds, as well as new absolute grounds for refusal. The absolute grounds for refusal include, e.g., non-compliance with the requirements of Ukrainian and EU legislation and international treaties, inability to obtain legal protection due to conflict with legislation on the protection of geographical indications, traditional specialities guaranteed, etc.
The Draft Trademark Law also modernises the relative grounds, which apply only in the event that an opposition is filed by the owner of an earlier trademark. These include identity or similarity to an earlier trademark, or to its goods or services, where there is a likelihood of confusion, as well as the concepts of an earlier trademark and a trademark with a reputation etc.
3. Oppositions and Observations. The Draft Trademark Law provides for the filing of oppositions, understood as submissions made by owners of earlier trademark registrations within the framework of post-registration proceedings (within three months from the date of publication in the Bulletin of information on the registration of the trademark).
4. Administrative Termination and Invalidation of Trademark Registration. An administrative procedure before the Appeal Board of the Ukrainian IP Office will be available for termination and invalidation of trademark registrations, providing a faster and more cost-effective alternative to court proceedings. The grounds for termination of a trademark registration may include, inter alia, non-use of the trademark for a continuous period of five years.
The grounds for invalidation of a registration include absolute grounds (e.g., contradiction with public policy or bad faith in filing the application) and relative grounds (e.g., the existence of an earlier trademark or trade name that is identical or similar to the registered mark, where the relevant goods and services are identical or similar).
5. Limitations Resulting from Acquiescence. In case the owner of an earlier trademark has acquiesced for five consecutive years in the use of a later registered trademark with knowledge of such use, he is no longer entitled to seek invalidation of the later trademark in respect of the goods and services for which it has been used, unless the later trademark was filed in bad faith.
6. Use of a Trademark. The Draft Trademark Law provides that the five-year period for the use of a trademark begins on the day following the expiration of the period for filing an opposition against the registration of the respective trademark. In the case an opposition is filed, the period starts from the date on which the IP Office’s decision rejecting the opposition takes effect.
8. Certification and Collective Trademarks. The Draft Trademark Law introduces legal protection for certification trademarks and clarifies aspects regarding collective trademarks, further aligning Ukrainian law with EU practice.
9. EU Trademarks in Ukraine. The Draft Trademark Law clarifies the legal treatment of European Union trademarks in Ukraine, in particular their effect within Ukraine, their use as earlier rights, and the potential conversion of such marks into national trademark applications. These provisions are of particular importance for international brand owners operating in both the EU and Ukrainian markets.
10. Significant reduction of time limits. The Draft Trademark Law establishes clear time limits of procedure, which are significantly shorter than those currently in force. For example, the examination of compliance with formal requirements will take one month, while the examination of an application on absolute grounds will take two months.
11. Accelerated Examination. The possibility of accelerated examination of a trademark application is reinstated, upon the applicant’s request and subject to the payment of an additional fee for acceleration. The restoration of the option for accelerated examination is an obvious advantage of the Draft Trademark Law.
Information contained in this overview is for general information purposes only, does not constitute legal or other professional advice, and should not be relied upon as a substitute for specific professional advice tailored to particular circumstances.