Ukraine

The importation of goods into Ukraine is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.

Customs control extends to trademarks and industrial designs that have been duly registered in Ukraine.

To initiate the Customs control procedure, the right holder or their authorized representative must apply to the Customs Service of Ukraine to register the trademark or industrial design in the Customs Registry.

For the preparation and submission of the application, the following documents and information are required:

• Notification from the Ukrainian PTO confirming the validity of the IP object in Ukraine;
• Description of the trademark and the authentic goods;
• Samples or photos of goods bearing the trademark, with a description of specific labeling and marking features;
• For designs, a description of the design with registered views;
• Information on authorized dealers (importers/exporters), means of transportation, border crossing points, and local customs offices;
• Information on the limits of the amount/value of goods to be monitored and potentially suspended by Customs;
• A notarized Power of Attorney (PoA) legalized by Apostille.

Providing information on counterfeit goods is optional but can be beneficial. If provided, it should include documentary evidence confirming the counterfeit nature of the goods, such as court orders or customs inspection results.

The standard timeframe for application consideration by the Customs authorities is 30 business days.

The registration for Customs control is valid for 6 or 12 months and can be extended upon request before the expiration date.

After the detention of goods, Customs authorities will contact the right holder’s representative and inform them of the suspension of goods suspected of infringing trademark or design rights (providing samples for examination). Based on the findings, the right holder must, within 10 days, either file a court action, request the voluntary destruction of the goods by the infringer, or permit customs clearance if no infringement is found. If the right holder does not respond within 10 business days, the goods will proceed to clearance without the trademark or design owner’s consent.