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Madrid Agreement and Protocol

Ukraine has enacted both Madrid Agreement and the Protocol. We have an extensive Madrid practice and are experienced in supporting the designation of your Madrid registration in Ukraine both by:

• watching your mark and reporting to you should the conflicting marks arrive on the market or as a registration, and by
• preparing responses to provisional refusals to grant extension of the Madrid registration to Ukraine. Under the Ukrainian Trademark Law you will have to appoint domestic representative to effectuate any correspondence with the Ukrainian PTO. We have a winning record of opposing provisional refusals issued by the PTO to oppose designation of your Madrid filing in Ukraine. Our team of experienced trademark practitioners will assist you with the proceedings. Please note, that our trademark attorneys earned specialized advanced degrees in Intellectual Property Law in the United States which allows us to better understand the needs of our foreign clients and incorporate the latest trends in international trademark practice into our work product

Quick fact about Madrid Protocol and Agreement in Ukraine:

Our PTO requires the response to the provisional refusal to be submitted within 90 days following the receipt of the refusal by the applicant. We will file an extension (up to 6 months) should you be willing to delay the decision to proceed with defending the mark.

Working Language of the correspondence:

Ukrainian.

Term of Registration:

Ten years from International registration date (if request received by International Bureau ("WIPO") within two months of filing with national office, registration date considered to be date request was filed with office of origin, if not, registration date is date request received by WIPO). Renewal for additional ten year periods due within one year prior to expiration. Belated renewal with surcharge within six months of expiration (renewal application and fees paid either directly by owner, or through intermediary of agent or office of country of owner, to WIPO according to domestic regulations of office of owner).

Opposition/Cancellation:

Please refer to Quick Facts on Trademark in Ukraine to learn about bars to registration of the trademark in Ukraine.

Assignment:

Conditions of assignment governed by national laws of countries concerned. May not assign to party which is ineligible to apply for International Registration. Request of recordal filed by holder or through office of country of owner. If assignee is not from country of assignor, country of assignee becomes "country of owner" and if IR has not passed initial five year dependency period, WIPO must seek permission from national office of assignee to record assignment(national registration in assignee's country not necessary).

Please follow this link for the most updated and detailed information on dates of accession: http://www.wipo.int/treaties/en/documents/pdf/g-mdrd-m.pdf