Help of Russian trademark attorney in handling of disputes and claims

Dear customers, we are happy to welcome you to the website of “RosIntellectService», a company, in the leading positions on the Russian market of patent services and related services regarding protection of intellectual property rights. We invite you to get familiar with our company’s information.

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Modern business in Russia, despite a number of undisputable preferences and the lower competition in comparison with the markets of developed countries, is in need of permanent control in regard to observance of the exclusive rights to the intellectual property objects and in particular the rights of trademarks. The large territory of the Russian Federation, 11 time zones, creates a temptation for dishonest companies from remote regions to hard earned and respectable image and reputation of well-established market brands.

Our company specializes in protecting intellectual property rights in Court and in the Federal Antimonopoly Authority of Russia as well as in process of settlement, when legal rights have been violated, in the pre-judicial stage of the conflict. Many disputable cases regarding a trademark in Russia , are settled by signing license agreements, with the provisional agreement from the rights owner. However, if the dispute is impossible to settle in the prejudicial phase of the conflict, the case is transferred to the Court and the final decision is made on the basis of laws provided in the article 1515 of the trademark law in Russia.

The plaintiff may oblige the offender:

To pay the compensation up to 5 million RUR (~ 80 000 USD);
Otherwise, to compensate the losses in the double the amount of the value of the goods on which the lawful rights owner lost profit.

Thereby the offender must withdraw and destroy at own expense all counterfeit merchandise, as well as the labels and the packaging.

Trademark litigation in Russia

Important: all expenses for the representation of the lawful rights owner by “RosIntellectService” company may be retrieved from the offender in the process of the legal dispute. The claims are present in the lawsuit by default.

Expenses for the representation of the client’s interests in the Court by Russian trademark attorney:

Examination of the Customer’s documents, preparation of recommendations, selection of the litigation strategy, evaluation of the chances for the favorable outcome: 200-350 USD;
Preparation, negotiations with the offender to stop the illegal use of intellectual property and subsequent discussion of the license agreement terms (in case of instruction from the trademark owner): 300-500 USD;
Filing violation of trademark lawsuit. Representation in the Court up to 3 hearings: 1700 USD;
Remuneration of the representative – Russian patent attorney in the occasion of the Court’s favorable outcome: 1500 USD.

Important: for purchasing, please leave us a detailed request using THIS FORM

For the representation of the customer it is required:

Power of attorney for the representative;
The breached trademark certificate number;
The information about the offender;
Prepayment of the representative services.

The services which may be of interest to you:

Preliminary search (trademarks, inventions, industrial design);
Registration of the trademark in Russia;
Active protection of the trademark in the Federal customs service of RF (Customs register of trademarks in RF-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:

Who is a patent attorney?

During the process of the registration of an intellectual property, in the same way as for the registration of trademarks, many right holders consult a patent attorney sometimes named an IP Lawyer Russia. The patent attorneys are the representatives of the applicants registered in the Patent Office. Russian trademark attorney acts as intermediary for the applicant, he administers the affairs connected with the registration procedure. His authority must be notarized with power of attorney.
A Russian patent attorney is a Russian trademark attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice. He protects rights and interests of its clients at court.
Who is a patent attorney?
The titles Russian trademark attorney, IP lawyer Russia and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person qualified as a lawyer. The legal qualification of IP lawyers is often different from the qualification of lawyers. Registration as a patent attorney in Russia is administered by the Russian Federal Agency for Intellectual Property, Patents and Trademarks. To become a registered IP lawyer Russia, one must complete a series of special qualifying exams. The certification has certain limitations in the patent attorney’s field of work.
The basis of these restrictions is the classification of the different intellectual property objects:
* Utility models;
* Trademarks;
* Inventions;
* Appellation of origin.
Professional activities of a Russian trademark attorney in the RF, attorney’s requirements, the procedure for the certification and the registration, the responsibility governed by the national law №316 dated 12. 30. 2008 according to the Civil Code of the Russian Federation.