On December 23 2004 the Cabinet of Ministers approved Decree 1716, which sets out regulations on the official fees for IP protection. The decree will enter into force on February 5 2005.
The rates of the official fees are established both in Ukrainian hryvnia and in euros. The euro rates apply to residents of countries where annual gross domestic product per head is $3,000 or more.
For example, the official fee for filing a trademark application is €250 for one class and €120 for each additional class (instead of $450 for three classes and $255 for each additional class thereafter). To file a colour application, an additional fee of €80 is now payable. If the application is filed by several applicants, the official filing fee is increased by 30%.
If the trademark application is accompanied by a search report made by the examination body no earlier than one month before the filing date, the official filing fee will be reduced by 20%.
Official fees for the extension (€25) and renewal (€50) of procedural terms in regard to the trademark application are also prescribed for the first time. Previously, such terms could be extended or renewed without payment of official fees.
The new regulations also prescribe an official fee of €165 for filing an opposition to a trademark application.
If an application for IP protection, including a trademark application, is accompanied by a digital copy, the official fee will be reduced by 10%.
A new publication fee has also been introduced for the first time. This is levied for the publication of information in regard to issued trademark registration certificates and amounts to €25, plus an additional €15 if the mark is in colour.
The official renewal fee (for a further 10 years) amounts to €495 for a trademark registered in one class of goods and services, with an additional €50 payable for each additional class. If the trademark registration is owned by more than one person, the official renewal fee is increased by 30%.
There are also other changes, for example to the fees for amending application materials and correction fees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
