Trademark registration in Russia (The Russian Federation)

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Effective and safe business in Russia is closely connected to the state protection of the intellectual property, in particular when we speak about a foreign company which is planning or is already executing commercial activity on the territory of Russian Federation. Trademark registration in Russian Federation has got a number of definite advantages:

Tracking, confiscation and destruction of counterfeit goods at the customs (the Customs Register of registered intellectual property objects);
Prohibition of use of similar trademarks on the Russian Federation territory;
Protection of its own lawful interests in the Court and in the Federal antimonopoly service of Russian Federation.

Besides that, the state registration of the trademark in Russia allows:

To negotiate and register the license agreements;
To officially mark the goods or services with the sign of the protection by state ®;
To execute the sale of the trademark.

The procedure of the trademark registration in Russia

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The procedure of the trademark registration in Russia or how to register trademark in Russia:

Preliminary search – from 1 to 3 working days. Client receives a full list of trademarks with the conclusion of the state patent attorney on the prospects of the trademark’s registration, possible reasons for the registration refusal from the Russian Trademark office and on the ways to solve the like problems beforehand;
Filing application to register a trademark in Russia. Trademark application in Russia consists of two steps: formal expertise and ex officio expertise. The term of the expertise by the Patent authority (“Rospatent” or Russian Trademark office) – is from 8 to 14 months dependant on the situation, namely: the presence of similar registered trademarks and other requests from the Russian Trademark office;
Registration of the trademark in Russia for the term of 10 years.

When a favorable decision from the Patent authority has been reached and payment of corresponding fees made, the information about the trademark is published without delay in the Bulletin as well as in the State Register of the trademarks of the Russian Federation. The rights’ owner also receives a special certificate for the trademark for the term of 10 years upon expiration of which the trademark may be prolonged for the consequent same period.

What is necessary for the registration of the trademark in the Russian Federation?

Image of the trademark (or, the word, if literal trademark is registered);
The applicant’s details (full name of the legal entity or the individual entrepreneur, address;
The sphere of operation (according to it our patent attorneys will select the ICGS classes defining the volume of the future legal protection);
Prepaid state fees and attorney services.

The services which may be of interest to you:

Preliminary search (trademarks, inventions, industrial design);
Active protection of the trademark in the Federal customs service of Russian Federation (Customs register of trademarks in Russian Federation – tracking, confiscation and destruction of the counterfeiting merchandise);
Registration of the license agreements in Russia;
Registration of sale/purchase of the trademark in Russia;
Patenting of inventions in Russia;
Patenting of industrial design in Russia;
Registration of software in Russia.

Example of the document:

trademark registration in Russia

The arguments for the successful registration of a trademark.

One of the major stages of the trademark registration in Russia is the examination of the declared value, its task is to check if the trademark meets all the requirements for the provision of legal protection. After this examination FIIP decides to approve or to decline the application for registration. Current legal system provides the applicants an opportunity to raise reasoned arguments in favor of the approving of the trademark registration. Nowadays, when the applicant gets the refusal from FIIP, he can raise arguments that will help to approve the application for registration of the trademark in Russia in spite of the expert’s subjective opinion.
The main reasons why the applicants get the denial of the trademark registration in Russia:
* the absence of distinctive character;
* the trademark is a generally accepted symbol or a symbol for a certain type of goods;
* there are product characteristics (value, quality, production method) in the trademark;
* the components of the trademark are some governmental emblems, names of international organizations, stamps, awards and something similar to them;
* the trademark’s elements can mislead buyers or conflict with interests of the society;
* the trademark looks like the image and the name of a significant cultural objects of the state;
* the trademark copies or it is highly similar to the trademarks of other companies.
There will be a reason for denial of Russian trademark registration in the received notification.
The arguments for the successful trademark registration in Russia.
Within the prescribed period by FIIP (6 months from the departure of the notification to the applicant), the applicants can send the arguments for the successful trademark registration in Russia. The applicants have to describe their point of view as detailed as possible bringing the maximum number of the arguments. The arguments must be about the reason of the refusal and not to be abstract. If the examination agrees with the arguments presented by the applicant, FIIP will be sent the decision on registration and issuance of certificates. If the arguments are not taken into account and the application for registration of the trademark in Russia is declined, the applicant may apply for a reconsideration of this decision to the Chamber for Patent Disputes.