Trademarks and service marks registration in the Russian Federation

Our highly professional patent attorneys will help you develop a trademark, perform repeatability quest, prepare an application for registration and register a trademark. The patent attorneys will help you lead your affairs at Rospatent and abroad, doubt a trademark registration, prolong the duration of a trademark certificate, register a cession agreement, a license agreement and many more. The patent attorneys of Expert Attorney Bureau will help finding illegally used trademarks registered at the territory of the Russian Federation and other countries, and, jointly with our lawyers, will consult you on all the issues concerning the protection of the rights for a trademark in case of unfair competition.

An exclusive owner of the trade mark can be a legal entity or an individual. (Article 1478 of Civil Code of the Russian Federation)

Verbal, graphic, volume and other marks or their combinations can be registered as trade marks

Trademarks are registered for a period of 10 years with the right of repeated prolongation for a period of 10 years by the application of the right holder, made within the last year of the effective year of this right. (Article 1491 of Civil Code of the Russian Federation)

Registered trade mark is an item which can be sold at best.

To make an application for the trade mark registration you have to present the applicator’s data.

International registration

Russian legal entities and the citizen of the Russian Federation have the right to register the trade mark in the foreign countries or to make its international registration (Article 1507 of the Civil Code of the Russian Federation)

International registration allows protecting the trade mark in all countries of the world by making the application from Russia.

Definition of terms

Trade mark or service mark (hereinafter “trade mark”) is the mark for the individualization of the goods, works or services of legal entities or individuals.

Trade mark types

There are different types of trademarks:

• verbal
• graphic
• volume
• other marks or their combinations

Legal protection of trade mark

Legal protection of trade mark is carried out on the basis of state registration of it in accordance of the part IV of the Civil Code or International Agreements of the Russian Federation

Certificate of trademark registration

Certificate of trademark registration is issued for the trade mark. This certificate confirms the priority of the trade mark, the exclusive right to the trade mark concerning the goods, indicated in the certificate.

Effective period of the trade mark registration

Registration is effective during 10 years from the date of filing of the application to the ROSPATENT. Effective period of the trade mark can be prolonged by the application of the right holder, made within the last year of the effective year every 10 years.

Consequence of the non-use of trade mark

Legal protection of trade mark can be stopped before its term ends in respect of all or any part of goods because of the constantly non-use of trade mark during the any three years after its registration.

Stages of registration of the trade mark:

1. Writing and filing the application for the trade mark registration.
Applicant: a legal entity or an individual
Documents: - application (2 examples)
- appendix (document confirming the payment of fee);
- the design of the applicable mark - 5 examples)
To: the Federal Authority for Intellectual Property - Federal Institute for Industrial Property
Who: any person
Result: Notification of receipt and registration of the application (at the moment of filing of the application)

2. Formal examination
Who examines: the Federal Authority for Intellectual Property - Federal Institute for Industrial Property
Term: for 1 month
Positive result: Notification of the pendency of application (with the concession of priority)
Undesirable result: Demand of formal examination (term of request – 2 months)

3. Examination of the mark applied for
Who examines: the Federal Authority for Intellectual Property - Federal Institute for Industrial Property
Term: not determined by the Law (from 8 till 18 month)
Positive result: Decision of the trade mark registration (or service mark registration)
Undesirable result:
1. Notification of the expectation result of the conformance of the applied mark to the requirements of the Law (term of request is 6 months)
2. Decision of refusal of the trade mark registration (service mark)

4. Trade mark registration
What is necessary to do before: pay the fee and notify the Federal Authority for Intellectual Property - Federal Institute for Industrial Property
Term: 1 month from the date of receipt the notification of the fee payment by the Federal Authority for Intellectual Property - Federal Institute for Industrial Property
Result: your trade mark entry to the State Register for trademarks of the Russian Federation and the official publication of that.

You can have detailed information on the service by our phone 923 30 11