Round Table Discussion

Round Table Discussion on Improving the Examination Procedure of Trademark Applications in the State Intellectual Property Service of Ukraine

March 3, 2016

By the invitation of UPTO The IPR GROUP attorneys took part in the round table discussion devoted to the ways of improving the examination procedure of trademark applications.

The first part of the round table dealt with the issue of eligibility of the priority date establishment for the trademark application, filed without payment of the official fee.

During the second part of the event the participants discussed the issue of ensuring the right to file a warning letter against a trademark application within the period prior to 5 days to the date of issue of the SIPSU’s decision on the application in question.

As according to paragraph 8 of Article 10 of the Law on Protection of Rights to Trademarks for Goods and Services, the warning letters are not accepted by Examination for consideration within the mentioned 5 day period, therefore it was proposed to introduce the practice of publishing the information into IS (inquiry system) “Information on the status of the trademark applications” regarding the approximate date of a decision in respect of an application.

The issues aroused a considerable interest and lively debates among the participants, that proves the importance of the chosen theme.

We would like to express our appreciation to the State Intellectual Property Service of Ukraine, NGO “Ukrainian Advocates’ Association” and all participants of the round table for the high level of organization and this opportunity to exchange of views, which we trust, will be incorporated into the recommendations for further improvement of examination procedures and the relevant legislation development.