In the gambling industry, the brand is the operator’s face – the element players interact with every time they visit a website or a gaming hall. Registering a brand as a trademark (TM) secures exclusive rights to use intellectual property, prevents misuse by illegal operators, and is a mandatory requirement for obtaining a gambling license in Ukraine.
A brand includes elements such as a trademark (word or logo), corporate identity, name, design, and other IP objects. Official registration ensures both legal protection and regulatory compliance.
Who Registers Trademarks
In Ukraine, trademarks and other IP objects are registered by the Ukrainian Intellectual Property Institute (Ukrpatent). This body accepts applications, conducts examinations, and issues certificates of registration.
All gambling operators must apply to Ukrpatent to secure their trademarks before or during the licensing process.
Choosing the Right Class
Before applying, a company must select the appropriate class under the Nice Classification (NCL). Gambling operators in Ukraine typically register under Class 41: Education, training, entertainment services, organization of sporting and cultural activities, which covers gambling and lottery services.
Some operators additionally register related trademarks under other classes, e.g., hospitality services (Class 43).
Application Process
To start the registration, an operator must submit an application package to Ukrpatent, including:
- Image of the trademark (8×8 cm, digital and print, in both color and black-and-white formats).
- List of goods/services for which the TM is registered.
- Applicant details – company name and address (for legal entities) or full name and residence (for individuals).
- Power of attorney, if submitted via a patent attorney or firm.
Costs and Timeline
- Within the first two months after submission, the applicant must pay the state fee (approx. ₴3,600).
- After payment, the application receives an official filing date.
- Formal examination (up to 2 months): Ukrpatent checks compliance with basic legal requirements.
- Substantive examination: the trademark is reviewed for distinctiveness and similarity with existing marks.
- If approved, the applicant must pay publication fees (₴600 for standard, plus ₴200 if a color version is included) and a certificate issuance fee.
Once registered, the trademark is protected under Ukrainian law and listed in the Ukrpatent database.
Trademarks and Unfair Competition
In recent years, cases of patent trolling have increased, where individuals file mass applications for well-known international gambling brands to block foreign operators’ entry into the Ukrainian market.
To counter this, Ukrainian law allows opposition to trademark applications. An opposition must be filed within three months after publication in the official bulletin. Grounds for opposition include similarity to an existing mark, violation of IP rights, or misleading use.
If a disputed mark is still registered, affected operators can challenge it in court. Although litigation is time-consuming and costly, it remains a legal remedy against bad-faith registrations.
Outlook for 2025
- Opposition mechanism is now widely used by foreign and local operators to fight fraudulent applications.
- Regulatory oversight has strengthened – operators must prove trademark ownership when applying for licenses.
- Preventive protection is strongly advised: registering all brand elements early reduces risks of misuse.
Conclusion
For gambling operators in Ukraine, trademark registration is not just a formality – it is a legal safeguard, a licensing requirement, and a defense against unfair competition. In 2025, proactive IP management remains one of the most critical steps for entering and sustaining presence in the Ukrainian gambling market.
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