Renewal of Deadlines in the Field of Intellectual Property in Ukraine

Renewal of deadlines in the field of intellectual property in Ukraine

In the field of intellectual property (IP), timely compliance with deadlines is crucial to ensure the protection of intellectual property rights, such as patents, trademarks, industrial designs, or copyrights. After all, in case of non-payment or failure to meet payment deadlines, IP right holders  can lose their rights.

Shortly after  the beginning of Russia’s full-scale invasion of Ukraine, the Law of Ukraine No. 2174-IX of April 1, 2022, was adopted, which suspended the IP deadlines for the period of martial law, i.e. from February 24, 2022. Applicants and owners of IP objects had the opportunity to postpone certain actions without paying additional fees and without losing their respective rights, for example, extending the validity of an invention patent or responding to a previous refusal to register a trademark, etc.

Implementation of New Legislation

From May 31, 2025, the terms in the field of intellectual property that were suspended due to the introduction of martial law will be renewed in accordance with Law of Ukraine No. 4362-IX dated 16.04.2025. This means that applicants and owners must take all necessary actions related to intellectual property within the time limits set by the Ukrainian IP office. Such actions include submitting additional materials to applications, paying official fees, extending the validity of titles of protection, responding to examination requests, eliminating formal deficiencies, etc. Failure to comply with these deadlines will result in the inability to perform a particular action, which may result in the loss of rights to IP objects.

How are the deadlines calculated under the new law?

The Law stipulates that the time limits shall be extended from the date of its entry into force, taking into account the time elapsed before their suspension, but not less than 75 days.

The Law establishes a transitional grace period of up to 75 days, i.e. until August 13, 2025 (inclusive), applicants and owners may pay the necessary fees, submit responses to expert requests regardless of legal consequences for failing to do so and without having to pay fees for extending the time limit for certain actions.

If the term for a certain action commenced before 24.02.2022, the elapsed days will be taken into account after 31.05.2025, but subject to a transitional grace period of 75 days, i.e., the extension of the term under the Law does not mean its reset. If the term was supposed to start on a certain day between 02/24/2022 and 05/31/2025, it will start to expire on 05/31/2025, taking into account the transition period, provided that the total period does not exceed 75 days.

For example, if you received a preliminary refusal to register a trademark in Ukraine on February 20, 2022, then the deadline for responding expires on August 13, 2025, since the deadline for responding to a refusal to register a trademark in Ukraine is 2 months, i.e. less than 75 days. If you received a preliminary refusal to register an international TM during the period of suspension, then the response period starts on May 31, 2025 and expires on September 01, 2025, since the deadline for responding to a refusal for international TM is 3 months, i.e. more than 75 days.If you received a request for formal examination on 02.06.2025 to provide the original power of attorney to the trademark application materials, then the deadline for responding to such a request expires on 08.13.2025, as the deadline for submitting a power of attorney is 2 months, i.e. within the grace period.

Peculiarities of determining the payment deadlines for annual fees to maintain the validity of IP rights

Separately, the Law defines annual fees for maintaining the validity of intellectual property rights to inventions, utility models, industrial designs and plant varieties, which became due during the period of Law No. 2174 and which were not paid before the entry into force of Law No. 4362 (until May 31, 2025), will be considered paid on time if they are paid within 75 days from the date of entry into force of Law No. 4362, i.e., until August 13, 2025.

If the trademark certificate expired between 02/24/2022 and 05/31/2025, and the renewal fee was not paid by 05/31/2025, it can be paid within 75 days after 05/31/2025 (by 08/13/2025). For example, if the certificate expired on 10/1/2024, the fee can be paid until 08/13/2025. If the payment is not made, the certificate will expire on October 01, 2024. If the payment is made on time, the Certificate is extended for 10 years from October 01, 2024.

Conclusion

Until 13 August 2025, all IP applications should be checked for fees and filings in order to complete all deferred payments and actions in time. After August 13, 2025, the transitional period ends and the Ukrainian IP Office returns to the standard timelines. Applicants will be able to extend the deadline for the required actions for another 6 months or renew it for the same period in case of a valid excuse. An additional fee is required for such an extension. Barbashyn Law Firm’s team will be happy to help you check your intellectual property for the need to make payments or take actions to avoid losing your rights to the objects.