Registration of an international trademark

How to obtain legal protection of a trademark in other countries?

Trademark protection in other countries can be obtained in two ways.

The first option is to apply to the patent office of each country in which you wish to obtain protection, in accordance with the laws and regulations governing trademark registration in each of these countries through the patent attorneys of each of the required countries.

In the European Union, you can submit one application for all EU member states and immediately receive legal protection in all 26 EU member states. The term of consideration of application documents is 5-6 months. The application undergoes a formal examination, after which it is published on the department’s website for a period of 3 months for third parties to submit objections to registration. If there are no objections to trademark registration, you will receive a certificate of trademark registration in the European Union.

The second option is to register a trademark in foreign countries in accordance with the Madrid Agreement and the Protocol to the Madrid Agreement on the International Registration of Marks.

With the adoption of the Madrid Agreement, the first system of international registration of trademark rights was created – the Madrid System of International Registration of Trademarks. When registering under the Madrid system, 1 application for international registration is submitted indicating the list of countries in which you wish to receive legal protection and paying one international fee. It is very convenient and much cheaper, since it is not necessary to involve patent attorneys in each country of trademark registration.

As of 2022, the Madrid System has 112 member countries in which legal protection can be obtained. The application documents indicate the countries in which you wish to obtain legal protection. Documents are reviewed in accordance with the laws and regulations in each of the countries selected for registration.

Documents for registration are submitted through Ukrpatent, subject to payment of the national fee for its submission.

The right to submit an international application has the right to any natural or legal person who has a real and active industrial or commercial enterprise, or place of residence, or citizenship in Ukraine.

Our specialists are happy to help with the international registration of your trademark according to the optimal registration procedure!