Теорія і практика інтелектуальної власності (Mar 2025)
The legal protection of non-traditional trademarks under the legislation of Ukraine
Abstract
The article is devoted to the analysis of the features of legal protection of non-traditional trademarks under the legislation of Ukraine. The relevance of the chosen topic lies primarily in the expansion of the range of intellectual property objects due to the emergence of a new type of means of individualization — non-traditional trademarks. Ukraine continues bringing its national legislation in line with the legislation of the European Union. A part of this process is the further improvement of legal regulation of intellectual property for trademarks. The results of the study established that non-traditional trademarks are new types of trademarks that do not fit into the existing legislative categories of traditional trademarks. In other words, they are unique and do not correspond to the typical characteristics of trademarks. The article discusses new rights to provide legal protection to non-traditional trademarks and identifies the features of the design of the application for registration of such trademarks. It has been established that the compliance of such trademarks with legal protection is required through the conditions for the graphic representation of the sign, as well as with the proof of distinctiveness in the process of use and perception by the consumer as an indication of the source of origin of the goods. Currently, with the adoption of changes in national legislation, which entered into force on September 18, 2024 thanks to the Order of the Ministry of Economy No19889, Ukraine is taking confident steps towards harmonizing its legislation with European standards on the legal protection of non-traditional trademarks. However, this is only the beginning of the formation of effective legal protection of non-traditional trademarks in Ukraine. Therefore, this issue requires further scientific research. Because the new rules not only complicate the procedures, but also open up new prospects. After all, each unique element of the brand is a story that makes the business recognizable. And in the era of globalization, it is this recognition that can become a key competitive advantage.
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