Extending your TM during martial law: is it worth it?
- Extension of the validity period of a trademark certificate – general provisions.
- When should I renew my certificate and how much does it cost?
- Certificate validity during martial law. More details in the article.
If you own a .UA domain name or simply hold trademark rights, you need to monitor the validity of your trademark rights. A trademark certificate is valid for 10 years. It begins when you file your trademark application with Ukrpatent, so please keep this rule in mind when using your trademark.
This period can be extended for 10 years each time, subject to the filing of a corresponding application and payment of a fee to Ukrpatent.
There are certain rules for extending the validity of a trademark certificate.
- Only the owner or his representative in intellectual property matters may apply for an extension of the certificate's validity.
- The application may be submitted no earlier than 6 months before the expected expiration date of the certificate.
The petition is drawn up in any form, but it must contain: information about the certificate and TM, information about the owner and the address for correspondence.
How much does it cost to renew a trademark?
The state fee for renewing a trademark for the next 10 years is UAH 12,000 per class, with an additional UAH 1,200 for each subsequent class. If there are two or more certificate holders, the fee increases by 30%.
If your trademark has expired, you have the right to renew it within 6 months of the certificate's expiration date. However, the renewal fee will increase by 50%.
Therefore, it's important to remember to renew your trademark on time. Our lawyers will be happy to verify the trademark's validity, help you prepare the necessary documents, and guide you through the process.
Regarding the processing time for a trademark renewal application, it takes approximately 2-3 months, after which the appropriate changes are made to the State Register, indicating the new validity date of the trademark rights. A new certificate is not issued to the owner; the changes and the new validity date of the trademark are confirmed by an extract.
Should a trademark certificate be renewed during martial law?
Please note that during martial law, all deadlines are suspended, in accordance with the Law of Ukraine "On the Protection of the Interests of Individuals in the Sphere of Intellectual Property during Martial Law, Introduced in Connection with the Armed Aggression of the Russian Federation against Ukraine." However, we recommend renewing your certificate promptly. This will ensure your business is fully protected and will allow you to rest assured of unlawful actions by competitors.
