Trademark registration Russia

If you want to apply for a trademark in Russia, you need a number of things. This concerns:

• Multiple images of the trademark to be registered
• Applicant’s personal details
• A list of goods and services, in accordance with the international Nice Classification
• If applicable: certified copy of the priority document
• Signed power of attorney, legalization is not required

lthough Russia has found itself in the midst of some political crises in recent years, it is still a highly sought-after market for a variety of companies. Russia is one of the countries with the highest number of trademark protection applications in the world. One third of the persons wishing to register a brand name in Russia are non-residents. In order to obtain exclusive rights over a trademark, it is necessary in Russia to register it through Rospatent, the Federal Office for Intellectual Property.

Anyone wishing to register a brand in Russia does not have to already have it actively in use within this territory. However, using the trademark does help reduce the risk of rejection on the basis of lack of distinctiveness. The use of a trademark contributes to its distinctive character. Foreign entrepreneurs who wish to apply for trademark protection in Russia must do so through a registered trademark attorney. Research shows that eighty percent of applications are granted by the federal intellectual property office.

If you wish to apply for registration and protection of a combined trademark in Russia, the exclusive right that you thereby acquire only applies to the exact composition of the word elements and figurative elements, as submitted to Rospatent. If you also wish to be able to use the word element or logo separately, it is advisable to start an additional registration procedure for this. Only in this way can you protect this element separately.

If you fail to do this, you as an entrepreneur run the risk that a third party can use this part of your trademark for its own commercial purposes, without you being able to object. The use of unregistered trademark elements is in fact according to the law. You can only object if this person or company offers goods or services that are the same as yours, or that are very similar to yours. You use the similarity confusing for the consumer as the reason.

If you wish to register a trademark in Russia, you follow a standard procedure. After receiving your application form and accompanying documents, Rospatent will conduct a formal investigation. This includes checking whether you have provided all the necessary information. If that is the case, your application will be subject to expert examination. If your brand meets all the requirements, you will receive a certificate. A condition for this is that the registration costs have been paid.

During the entire investigation period, up to the issuance of the certificate, any interested party may object to registration of your trademark. They do this, for example, on the basis of their previously acquired rights. Third parties are notified of the pending trademark protection application through its publication that appears in the trade bulletin after the formal investigation. Although Rospatent realizes the publication mainly for the purpose of providing information and to a lesser extent to facilitate objections, an opposition from third parties may give rise to a further examination of an application.