Use of ‘Ukraine’, ‘UA’, ‘UKR’ Elements, As Well As the Imitation of the State Emblem of Ukraine in Trademarks: Launch of the Renewed ‘Ukraine’ Commission

Published on Jul 24, 2024

Recently, the IP Office announced the launch of the renewed Commission ‘Ukraine’ (the ‘Commission’). The first meeting of the renewed Commission is scheduled for 24 July 2024 at the IP Office. 
On 27 February 2024, the Regulation on the Commission for Granting Permission to Use the Official Name and International Letter Code of the State of Ukraine in a Trademark and/or to Include an Imitation of the Small State Emblem of Ukraine in the Trademark Image came into force. 

What is the ‘Ukraine’ Commission? 
The Commission is a group of intellectual property specialists that decide on granting permission to: 
  • the use of the official name of the state of Ukraine in trademarks (‘TM’);  
  • the use of the international letter code of the state of Ukraine (i.e., UA or UKR) in trademarks; 
  • inclusion of the imitation of the small State Emblem of Ukraine (see below) in the TM.  
 
Only citizens of Ukraine, private entrepreneurs under Ukrainian law, and Ukrainian legal entities can obtain permission to include the above designations in their trademarks.
 
The matter of state reputation. How to get the ‘green light’ from the Commission? 
Unlike regular trademarks, applications which undergo two stages of state examination (formal and substantive), those containing the designations ‘Ukraine’, ‘UA, UKR’, and imitation of the small State Emblem of Ukraine are subject to enhanced scrutiny. 
The Commission exists to ensure this scrutiny. Its task is to ensure that an applicant wishing to use the ‘state’ designations for its goods and services meets several criteria. 
Criterion No. 1. Compliance with public order. 
The Law of Ukraine on Private International Law defines public order as the fundamentals of the legal order of Ukraine. 
In addition, the systemic judicial practice establishes that public order should be understood as the legal order of the state, the principles and foundations that form the basis of the existing system in it (relating to its independence, integrity, autonomy and, inviolability, and fundamental constitutional rights, freedoms, guarantees, etc.). 
Criterion 2. Compliance with generally accepted principles of morality. 
Although there is no clear definition of universally recognised principles of morality or a list of them at the level of current legislation, the Supreme Court, in its decision of 29 October 2021 in case No. 480/85/19, noted that the concept of public morality is evaluative. In each case, the violation (or not) of public morality should be assessed based on the actual circumstances. It should also be noted that, society has changed the traditions and cultural values that shape public morality over the past decades. 
Criterion 3. Compliance with one of the specified factors. 
To use the designation of the official name of the state of Ukraine, the designations ‘UA, UKR’ in the TM, the applicant must meet at least one of the following factors
  • the goods and/or services for which the TM is applied have industrial, social, educational, scientific, cultural or artistic value, value for the sectors of the Ukrainian economy; 
  • the applicant provides charitable, humanitarian assistance in the form of goods and/or services for which the TM is applied ; 
  • the applicant holds a dominant position in the Ukrainian market concerning the goods and/or services for which the TM is applied ; 
  • the applicant carries out foreign economic activity and occupies a dominant position in its group of goods and/or services of foreign economic activity; 
  • the duration of the applicant’s activity in the Ukrainian market or the world market concerning the goods and/or services for which the TM is applied is at least five years. 
An additional possible criterion has been established for using the imitation of the small State Emblem of Ukraine in the TM: the applicant may have a recognised reputation for the goods and/or services for which the TM is applied and take measures to promote a positive image of Ukraine concerning such goods and/or services. 

Application procedure 
The right to apply to the Commission is granted to applicants whose applications include the designations listed above and who received a notification from the IP office about the need to secure the Commission’s approval. 
However, it is preferable to start collecting documents for the Commission’s approval before receiving such a notification.  
In addition, an official fee is payable for the inclusion of the ‘state’ designations listed above in the TM. 
An application to the Commission is made as a petition sent in paper or electronic form. The Commission considers the application for two months. 
The applicant may appeal against the Commission’s decision in court. 
Information contained in this overview is for general information purposes only, does not constitute legal or other professional advice, and should not be relied upon as a substitute for specific professional advice tailored to particular circumstances. The overview was prepared with the assistance of junior associate Ihor Korohod.