A trademark (TM) is one of the key intangible assets of any business. It identifies a company’s goods and services, builds consumer trust, and provides legal protection for the brand against copying and unfair use of its reputation.

In this article, we outline why timely brand protection is essential, review the main options for trademark registration in Ukraine, the European Union, and under the Madrid System, and highlight their differences, advantages, and practical recommendations.

What Are the Benefits of Trademark Registration?

Trademark registration gives the owner far more than a formal certificate in Ukraine or another jurisdiction. It provides a powerful legal tool for brand protection and tangible competitive advantages.

In particular, a registered trademark allows its owner to:

  • obtain exclusive rights to use the brand for specific goods and services for 10 years, with the possibility of unlimited renewals for further 10‑year periods (this term applies in most jurisdictions, including Ukraine and the EU);
  • prohibit third parties from unlawfully using identical or confusingly similar designations;
  • effectively enforce rights before courts, online platforms and marketplaces, customs authorities, and other public bodies;
  • license, assign, or sell trademark rights;
  • increase the business’s commercial value and its attractiveness to investors and partners.

A timely and bona fide registered trademark can serve as a shield for a business even in conflicts with large corporations and international companies. For example, in the well-known case of SpaceX v. the Ukrainian company “Starlink”, which has been ongoing since 2022, the Ukrainian courts of first instance and appellate instance dismissed the claims of the globally renowned corporation and confirmed the validity and genuine use of the earlier registered Ukrainian trademark “STARLINK”. Attempts by SpaceX to partially terminate the Ukrainian trademark registration prematurely are still ongoing as of January 2026, with the case currently undergoing a new round of consideration following the cassation court’s decision.

The right to prohibit third parties from using a registered trademark can become critically important in unexpected situations. In South Korea, for instance, the French fashion house Louis Vuitton filed a lawsuit against a local restaurant named “Louis Vuiton Dak”, arguing that the name and visual style were too similar to the Louis Vuitton trademark. The court agreed, ruling that such use infringed the brand’s rights and ordering the restaurant to cease using the name.

Trademark Registration in Ukraine

Territorial scope: trademark protection applies only within Ukraine.

Procedure

An application is filed with the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). The registration process includes:

  • a formal examination (verification that the application and accompanying documents meet formal requirements);
  • a substantive examination (assessment of absolute and relative grounds for refusal).

Who Should Register a Trademark in Ukraine?

  • businesses operating or planning to operate on the Ukrainian market;
  • early‑stage startups;
  • companies testing a brand before entering international markets.
Trademark Registration in the European Union (EUTM)

Territorial scope: a single registration provides protection in all 27 EU Member States.

Procedure

An application is filed with the European Union Intellectual Property Office (EUIPO). Key features include:

  • examination limited to absolute grounds for refusal; conflicts with earlier trademarks are addressed through opposition proceedings;
  • refusal or a successful opposition in one EU country may jeopardize protection across the entire EU.

Who Should Register a Trademark in the EU?

  • companies operating or planning to operate within the EU market;
  • e‑commerce projects serving customers in multiple countries;
  • businesses seeking unified and consistent trademark protection.

Trademark registration in the EU is particularly relevant for Ukrainian companies entering the European market.

The Madrid System for International Trademark Registration

Territorial scope: protection applies in the countries designated by the applicant (132 member states as of January 2026).

Procedure

An international application is filed through the national IP office based on:

  • a national trademark application, or
  • an already registered trademark.

Each designated country conducts its own examination, and protection is granted or refused separately for each jurisdiction.

Who Should Use the Madrid System?

  • companies with an international growth strategy;
  • businesses operating or planning to operate in multiple jurisdictions;
  • rights holders seeking centralized management of their trademark portfolio.
What If the Required Country Is Not Part of the Madrid System?

Not all countries are members of the Madrid Agreement or Protocol. In such cases, international registration via the Madrid System is not available.

If a target country is not covered by the Madrid System, the optimal solution is national trademark registration directly in that country.

Is There Such a Thing as a “Worldwide Trademark”?

Clients often ask whether it is possible to register a trademark worldwide in a single step. It is important to understand that there is no such thing as a “global trademark.”

Trademark protection is always territorial, meaning that rights apply only in the countries or regions where the trademark is registered.

Even the Madrid System does not create a single worldwide trademark; it merely simplifies registration in selected jurisdictions.

Therefore, the choice of territorial protection should always be based on the business’s actual geographic scope, rather than on the assumption of universal coverage.

Practical Recommendations Before Filing an Application

To increase the chances of successful registration, we recommend:

  1. Conducting a preliminary search. An analysis of identical and similar trademarks helps to:
    • reduce the risk of refusal;
    • avoid oppositions and disputes.
  2. Clearly defining the list of goods and services. Trademarks are registered under the Nice Classification, which includes 45 classes. It is crucial to select only those classes that correspond to the current and planned business activities, as expanding the list after registration requires filing a new application.
  3. Filing as early as possible. In most jurisdictions, trademark rights are granted on a “first‑to‑file” basis.
  4. Assessing long‑term business strategy. The choice of protection territory should reflect expansion plans, import/export activities, online sales, and franchising.

A trademark may also be filed for registration in any individual country worldwide via national procedures.

Common Mistakes in Trademark Registration

In practice, refusals or subsequent disputes most often arise not because the procedure is complex, but because mistakes are made at the preparation and filing stage. The most common include:

  • failure to conduct a preliminary similarity search;
  • an incorrectly defined list of goods and services that does not reflect actual business activities;
  • late filing, allowing a competitor to gain priority;
  • filing in only one country while the brand is used in multiple markets;
  • use of descriptive, generic, misleading, or weakly distinctive signs;
  • copying a competitor’s trademark, which constitutes bad‑faith registration.
Why Legal Support Matters in Trademark Registration

Trademark registration is not merely a formality but a legally significant process that directly affects a brand’s future. Sustainable business development is unlikely without a protected trademark. Professional legal support enables businesses to:

  • assess the risks of refusal or opposition before filing;
  • correctly define an optimal list of goods and services in line with current operations and future strategy;
  • choose the appropriate territory and registration route (Ukraine, the EU, the Madrid System, or a combination);
  • respond promptly to office actions, provisional refusals, and third‑party objections;
  • develop a long‑term brand protection strategy tailored to specific business needs.

A strategic and professional approach to brand protection saves time, resources, and effort, while significantly reducing legal risks related to brand use and enforcement.

Our Services

Our team provides full legal support for trademark registration — from preliminary searches and defining goods and services to obtaining trademark certificates and maintaining their validity.

The attorneys of the patent and legal agency Synergy will help you register a trademark taking into account the specific needs of your business and select an optimal strategy for legal protection and enforcement.

Author: Oleksandra Soroka