Trademark registration Russia
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Russia?
The costs of trademark registration in Russia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Russian Federation?
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
What you need to know about tradeamarks in Russia
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.
Filing a combined brand in Russia
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.
What procedure do you go through to register a trademark in Russia?
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.
Opposition by third parties to registration of a trademark application
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.
How long does it take to register a trademark in Russia?
Previously, anyone wishing to register a brand name in Russia took about a year. Until a few years ago, most entrepreneurs went through a process that took 11 to 13 months. However, Rospatent has done a lot to speed up this process quite recently. Most applications today are completed within six to seven months of the application date. The formal assessment also takes a lot shorter these days: this is a maximum of one month, on the condition that the payment obligation has been met. The duration of the substantive research is somewhat more difficult to predict.
What are reasons for rejection of an application?
Eighty percent of the applications from both domestic and foreign entrepreneurs are honored by Rospatent. There can be several reasons for the rejection part. Grounds for rejection are:
- The trademark has a basic lack of distinctiveness
- The trademark is too descriptive
- The trademark is potentially misleading to consumers
- Trademark is too similar to official and/or recognized names, images, signs, emblems and other symbols
- The trademark goes against the morality of the country
- The trademark is not in the public interest
• Relative grounds for rejection based on third-party rights
There is something special to note in the approach of the Federal Office for Intellectual Property to morality and the public interest. Although Russia has the second largest market for alcohol in the world, the agency is very critical when reviewing trademarks intended for alcoholic beverages.
Registering a brand name in Russia and then using it
Successfully registering a trademark in Russia leads to ten years of trademark protection, which can be extended indefinitely. Extensions also have a duration of ten years and can be requested from twelve months before the end date of the current term. There is a grace period of six months.
Although the use of a trademark at the time of application is not a requirement for registration, you may not keep your trademark unused for more than three years after registration. Before filing a non-use claim with the court, you must be notified two months in advance by the potential claimant. This communication is in writing.
Is an international registration via WIPO possible?
Russia is a European country, but not a member of the European Union. Therefore, an EUTM application for trademark protection throughout Europe is not possible. The Russian Federation is a member state of the Madrid Convention. This means that international expansion of your trademark rights for this country is possible. You then submit your application to WIPO, which will forward it to the responsible local authority after an initial assessment. The same process is followed here that is the case with a standard local request.