Since the beginning of the full-scale invasion, the validity period of 16 trademarks of Russian origin has been extended in Ukraine. In total, 1,356 out of 3,238 Russian brands registered before the start of the war remain under legal protection. This is reported by Opendatabot, according to UNN.
Details
Preserving the rights to Russian trademarks may be significant for future legal proceedings regarding compensation for damages caused to Ukraine as a result of the war.
On the eve of the full-scale invasion, 3,238 Russian trademarks were registered in Ukraine, and currently, almost every second brand (1,356) has maintained its legal status.
Among the TMs that are still formally protected in the Ukrainian legal field are "Agusha," "Chudo," "Prostokvashino," "Mayskiy," Curtis, and others.
The validity period for 196 trademarks has already expired; however, they still appear in the registries as active until the official publication of changes.
The largest number of Russian brands is recorded in the following sectors:
- advertising and business services — 454 brands;
- medical and hygienic preparations — 383 brands;
- paper products and stationery — 243 brands;
- food products and seasonings — 192 brands.
How the moratorium and sanctions work
A moratorium is in effect in Ukraine, prohibiting residents of the Russian Federation and Belarus from performing any registration actions, including the transfer of ownership rights to TMs.
At the same time, the moratorium does not prohibit extending the validity period of certificates, which the owners of some brands have taken advantage of. UKRNOIVI has already extended protection for 16 marks, including the anti-epileptic drug "Algerika," "Smirnov" alcoholic beverages, and the image of the "Prostokvashino" TM.
Also, according to Opendatabot, 23 trademarks are currently under NSDC sanctions (including those associated with Grigory Leps or Alfa-Bank), yet they also remain registered.
Another Russian TM was transferred to the management of ARMA by a court decision. Since a certificate is valid for 10 years, individual brands can legally remain in the registries until 2033.
Furthermore, the extension of TM validity is permitted by NSDC decisions as an exception to the general moratorium. Preserving the rights to these assets is important for future legal proceedings against Russia, as such TMs could potentially be used to compensate for damages caused by the war.
It is legally impossible to automatically cancel a mark due to the owner's Russian origin; this requires a court decision. If assets are confiscated by the High Anti-Corruption Court, the rights to the TM are transferred to the State Property Fund of Ukraine.