Trademark Protection in Ukraine

Trademark Protection in Ukraine

The Law of Ukraine “On Protection of Rights to Marks for Goods and Services” defines trademark use as including, in particular, placing the mark on goods and packaging, offering and selling such goods, importing and exporting them, using the mark in connection with the provision of services, in business documentation, advertising, and on the Internet. It is advisable to seek legal assistance if:

• a competitor uses an identical or similar name;
• a logo or individual elements of corporate identity are copied;
• a similar sign is used on goods or packaging;
• your trademark is used in advertising without authorization;
• the sign is used on a website, marketplace, or social media platform;
• counterfeit products have appeared on the market;
• a similar sign may cause confusion between two companies;
• the infringer imports or exports goods bearing an unlawfully used trademark;
• you need to stop the use of the brand and obtain compensation;
• you want to establish a systematic trademark protection strategy against future infringements.

Benefits of Working with Prikhodko & Partners

We help:

• review the scope of legal protection of the trademark;
• document the infringement;
• collect evidence of use of the sign;
• investigate the infringer’s activities;
• prepare a formal claim demanding that the infringement cease;
• conduct negotiations with a competitor or another infringer;
• prepare an application to the Antimonopoly Committee of Ukraine where there are signs of unfair competition;
• organize customs protection against counterfeit products;
• develop a litigation strategy;
• represent the rights holder in court.

Review of Trademark Rights

The lawyer analyzes:

• the trademark certificate;
• the rights holder;
• the figurative or word mark;
• classes of goods and services;
• the registration date and priority;
• actual use of the brand;
• the infringer’s use of the disputed sign;
• the degree of similarity between the signs;
• the relationship between the parties’ goods and services;
• the possibility of confusion between the businesses or products.

The mere existence of a trademark certificate does not mean that every use of a similar word automatically constitutes infringement. It is necessary to assess the relationship between the signs, the goods and services, and the specific circumstances of use.

Documenting Trademark Infringement

Before sending a formal claim or going to court, it is important to properly document the infringement. Depending on the situation, evidence may include:

• photographs of goods and packaging;
• website screenshots;
• online store pages;
• product listings on marketplaces;
• advertisements;
• social media posts;
• video recordings;
• documents confirming purchase of the disputed goods;
• receipts and invoices;
• product samples;
• the infringer’s business documentation;
• other evidence of actual use of the sign.

Proper documentation is especially important online, where web pages, advertisements, or product listings can be quickly changed after the rights holder sends a demand.

Before contacting the infringer, it is advisable to preserve all available evidence. After receiving a formal claim, the website, advertisement, packaging, or product listing may be changed.

Formal Claim for Trademark Infringement

A pre-trial formal claim may be used to stop the infringement without full court proceedings. It may include:

• information about the rights holder;
• details of the trademark certificate;
• a description of the identified infringement;
• evidence of use of the sign;
• legal grounds for the demands;
• a demand to stop using the sign;
• a demand to remove advertisements or product listings;
• a demand to stop selling the disputed products;
• a proposal to resolve the matter through negotiations;
• a deadline for responding to and complying with the demands.

In some cases, it may be more commercially beneficial for the business not to prohibit the use entirely, but to agree on licensing or other commercial terms. Therefore, the content of the formal claim should reflect the business objective of the trademark owner.

Trademark Protection Through the Antimonopoly Committee of Ukraine

In certain situations, copying a brand may also constitute unfair competition. The practice of the Antimonopoly Committee of Ukraine confirms the application of Article 4 of the Law of Ukraine “On Protection Against Unfair Competition” to the unlawful use of signs. For example, in August 2026, the Antimonopoly Committee found that the use of a sign capable of causing confusion with the activities of a business that had begun using it earlier constituted an infringement. In this category of cases, relevant factors may include:

• who began using the sign first;
• the territory where it is used;
• the goods or services offered by the parties;
• how similar the signs are;
• the visual presentation used;
• whether there is a likelihood of confusion between the companies’ activities;
• what evidence of recognition and use the applicant has.

This mechanism does not automatically replace protection based on a trademark certificate, but in certain business conflicts it may serve as an independent or additional means of protection.

Trademark Protection in Court

If pre-trial measures are unsuccessful or the infringement requires immediate legal action, the rights holder may consider court protection. Depending on the circumstances of the dispute, the claims may relate to:

• termination of trademark use;
• prohibition of the use of a similar sign;
• removal of the sign from goods, packaging, or advertising;
• termination of the sale of counterfeit products;
• removal of goods from circulation in cases provided by law;
• compensation for damage caused;
• recovery of compensation where there are appropriate legal grounds;
• other intellectual property protection measures.

Before applying to court, it is necessary to identify the proper defendant, collect evidence of use of the sign, and formulate the claims so that they can effectively stop the specific infringement.

Customs Protection of a Trademark

If there is a risk of counterfeit goods being imported or exported, an additional protection tool may be registration of the trademark in the Customs Register of Intellectual Property Rights Objects. The State Customs Service maintains this register in accordance with the Customs Code of Ukraine. Rights holders may register trademarks and other intellectual property objects in it, and customs authorities use this information when inspecting goods at the border. This is particularly relevant for:

• branded clothing and footwear;
• cosmetics;
• electronics;
• automotive spare parts;
• consumer goods;
• products that are actively imported or exported;
• brands with a high risk of counterfeiting.

For effective customs protection, information should be provided that helps distinguish original products from potential counterfeits.

Trademark Protection on the Internet

In practice, infringements may occur:

• on competitors’ websites;
• on marketplaces;
• on social media platforms;
• in search advertising;
• in online advertisements;
• in domain names;
• in product listings;
• in mobile applications;
• on other digital platforms.

The strategy depends on the specific platform and type of infringement. In some cases, contacting the website owner or platform may be sufficient; in others, a formal claim directly to the infringer or court protection may be required.

How to Prevent Further Infringements

The owner should consider:

• registering the trademark in a timely manner;
• checking whether the list of goods and services corresponds to the actual business activities;
• retaining evidence of use of the brand;
• monitoring new applications for similar signs;
• tracking competitors’ use of the brand;
• monitoring marketplaces and social media;
• using agreements and licensing terms when transferring rights;
• using customs protection where appropriate;
• responding to infringements before they become widespread.

Recognition of a trademark as well-known may be an additional tool for strong brands. The law allows such protection based on recognition by the Appeals Chamber or a court, and a well-known trademark may be protected regardless of whether it is registered in Ukraine.

Cost of Trademark Protection

The cost is affected by:

• the nature of the infringement;
• the number of infringers;
• the volume of evidence;
• the need to document online use;
• preparation of a formal claim;
• the need for negotiations;
• filing with the Antimonopoly Committee;
• the need for expert materials;
• customs procedures;
• court proceedings;
• the required scope of legal support.

For one dispute, documenting the infringement and sending a formal claim may be sufficient. Another may require expert materials, administrative proceedings, or full-scale litigation.

Common Trademark Protection Situations

Conclusion

Trademark protection requires not only a valid certificate, but also proper documentation of the infringement, analysis of how the sign is being used, and selection of the appropriate legal mechanism. Depending on the situation, the dispute may be resolved through a formal claim and negotiations, filing with the Antimonopoly Committee, customs measures, or court protection.

Is a competitor copying your trademark, logo, or packaging? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will review the scope of your rights, document the infringement, and propose the optimal strategy for protecting your brand.