Applicant from Russia – new ground for refuse.

Nowadays, since the end of February, 2022, all TMapplication, which were filed in Ukraine by Russian applicant, are received therefusal of registration. 

Patent Office of Ukraine send the Provisional Refusalof protection which considers the link to the current legislation. Grounds forrefusal are following:

«According to the LAW OF UKRAINE “On Protectionof Rights to Marks for Goods and Services”, the legal protection shall not begranted to the sign, because it violates the public decency and generallyrecognized principles of morality».

In the same time, TM application, whichreceived Provisional Refusal with such grounds for refusal, is neutral and hasno semantic meaning. Therefore, it seems like such Provisional Refusals areformal and has no connection with the reality regarding the TM application. Forexample, TM application, which received such Provisional Refusal: №1596639 «» (AQUALINK), 1592510 «revivink», 1593169  (FASHION REBELS). The main reason for suchProvisional Refusal is the fact that applicant is from Russia.

There is no doubt, that such decisions havepolitical connotation. Of course, in peacetime such decisions would seem absurdand subject to challenge. However, unfortunately, it is predicted that suchpractice will be supported until Russia and Ukraine do not solve the conflictsbetween them.