Trademark registration in Russia

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Verbal, pictorial, alphabetic, numeric, three-dimensional, audible, holographic, olfactory, changeable and other designations or combinations thereof  may be registered as trademarks.

2) THE REGISTRATION PROCESS

The registration process includes the following administrative procedures:

1. Acceptance and registration of the application;

2. Publication in the official gazette of Rospatent of information on filed applications;

3. Verification of payment of fees and formal examination of the application;

4. Examination of the designation claimed as a trademark;

5. Examination of applications and petitions filed by the applicant on its own initiative;

6. Registration of the trademark in the State Register, publication of information on the state registration of the trademark and issuance of a trademark certificate.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

Acceleration of trademark registration is possible on condition of ordering a special service of Rospatent, which provides for a preliminary search of the applied-for designation in respect of all 45 classes of ICTU within 10 working days. After the search is completed (lasts 10 days), the total remaining period until the Rospatent's decision is received will be about 1-2 months. The whole term will amount to 3-3.5 months.

4) TRADEMARK REGISTRATION TIMELINE

A trademark is registered, on average, for about 6-8 months. The period of 6-8 months is calculated from the date of filing the application to the date of the decision on it. According to the Administrative Regulations, the term for providing a state service in terms of acceptance, registration, examination of the application and issuance of a trademark certificate is eighteen months and two weeks. Due to various circumstances (e.g., requests for examination), the term for examination of an application may be extended or suspended.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The exclusive right to a trademark is valid for 10 years from the date of filing an application for state registration of the trademark with the Rospatent. The right to a trademark may be renewed an unlimited number of times during the last year of registration. The term of validity of a trademark is extended for 10 years.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, you can. Before doing so, you should make sure that you do not use a designation applied for registration as a trademark that is identical or confusingly similar to another person's trademark.

7) TERMS OF TRADEMARK USE

A trademark may be used in any manner not contrary to the law, including:

• on goods, labels, packaging of goods;
• in the performance of work, rendering of services;
• in documentation related to the introduction of goods into civil turnover;
• in offers to sell goods, perform work, etc.;
• in announcements, on signs and in advertising;
• on the Internet.

The owner of the exclusive right to a trademark is obliged to use it permanently, otherwise the legal protection may be terminated after 3 years.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

Protection of the trademark owner's right is usually carried out through the court. The owner may demand: seizure and destruction of counterfeit goods, removal of information about the illegally placed trademark, reimbursement of losses or compensation in the amount of 10,000 to 5,000,000 rubles.

Authors:

Samara - Alexey Khasanov 

St.Petersburg - Vladislava Novokreshchenova, associate