Use of a Trademark on the Internet within the Territory of Ukraine

Ukrainian legislation does not contain specific provisions that allow to distinguish which manners of use of a trademark on the Internet constitute the use in the territory of Ukraine, especially when use of a trademark in the virtual environment is concerned. The criteria of such use can be inferred, to a greater or lesser extent, from judicial practice and from the “Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet” adopted by the WIPO in 2001. Here you will find explanations on how to determine if a trademark is being used in Ukraine through its use on the Internet and explanations on certain existing in Ukraine exceptions to trademark rights. Do UA Country Code Top-Level Domains (ccTLDs) and the Territory of Access to Websites matter? In 2008 the High Commercial Court of Ukraine considered case No. 39/202 related to the cancellation of trademarks due to their non-use. The trademarks in...