Trademark in Russia |

Trademark in Russia

In Russia, registering a trademark with the Federal Service for Intellectual Property is required to get the trademark’s rights (Rospatent). The Madrid Protocol includes the Russian Federation as a member. As a result, this nation is able to extend an international trademark registration under the Madrid System. A trademark does not have to have been used in order to be registered. However, prior successful use of the trademark may be helpful to fend off future criticisms based on a lack of distinctiveness.

Overview

If you register a combination trademark in Russia (one that combines both word and figurative features), you are only granted the exclusive right to use the mark in the same manner in which you submitted and registered it. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
However, you will have the right to file a lawsuit if a third party subsequently seeks to register or use a trademark for comparable goods or services that incorporates a primary or distinctive part or portion of your trademark. A registered trademark may be challenged on the basis of prior rights or inflexible grounds. Even though a trademark need not be in use to register, it must not be unused for more than three years to avoid being subject to revocation claims based on insufficient use of the brand.
In Russia, registered trademarks are valid for ten (10) years after the application date and may be renewed indefinitely for additional ten-year periods. One (1) year before the expiration date, a trademark renewal request may be made. On payment of a late renewal charge, it may also be requested within the grace period of six (6) months following expiration.
Contact us directly to find out whether we may be able to offer this in this jurisdiction if you would want the figurative or design components of your trademark to be taken into account when analyzing your trademark for registration in Russia (Trademark Assessment Report). Prices for services and anticipated delivery times may change in such circumstances.

Requirements for registering a trademark

Russian law prohibits the registration of designations that are the same as or nearly identical to trademarks that have already been registered or applied for registration in connection with comparable goods and/or services.
Please use the online trademark search tool or contact us to order a professional trademark search in order to find out if there are any similar or identical registered trademarks or filed trademark applications that may be opposed to your mark at the examination stage.

Documents and information required for filing

The Nice Classification list of goods and/or services
The applicant's name and address, and prints of the trademark
Signed Power of attorney (legalization and notarization are not required).
Certified copies of priority documents, if priority is to be claimed (may be presented within three months of the filing date)

Procedure for registering Trademarks

Within one to two months of filing, a trademark application will go through a formal inspection to make sure all necessary filing materials are present and the filing fee has been paid. If the application is filed in accordance with the requirements, a notification is sent, and the application then moves on to the substantive examination, which lasts for about 5 to 6 months. A decision regarding registration is made if a trademark satisfies the criteria for protectability, in which case the appropriate registration fee must be paid to the Trademark Office. After paying the formal fee, the applicant receives the certificate of registration in around 1-2 months. A provisional denial in trademark registration is issued if the substantive examination reveals any barriers to registration. This rejection may be appealed within an additional six months.
In Russia, the straightforward process for registering a trademark typically takes 7-8 months.

Request for cancellation and possible oppositions

During the whole examination period and up until the release of the decision of the substantive examination, any interested person may register an opposition against the registration of the applied designation. After trademark registration, interested parties may also submit cancellation requests. These requests may be made to the following boards-
The Board of Patent Disputes for cancellation based on relative grounds within five years of publication;
The Board of Patent Disputes for cancellation based on absolute grounds throughout the entirety of the trademark's validity; and
The Court for Intellectual Property Rights for cancellation based on non-use. Three years after registration is the grace period.

Validity and renewal of Trademarks

A trademark has a ten-year initial validity period and a ten-year renewal period. Within 12 months of the expiration of the term of validity, a trademark renewal application may be submitted. Additionally, there is a 6-month grace period after the deadline during which, with the payment of a fine, you can file for renewal. It is not possible to reinstate a trademark that has expired (after the grace period has passed).
A Power of attorney that has been signed and stamped is required.

Charges

Search prices for first class: $120.00; each subsequent class: $. $100.00 There is no way to look up a trademark's figurative components (logo). Only the linguistic components of the trademark will be searched for.
Cost of applications for first class is $750.00; each subsequent class costs $450. After the trademark is approved, the remaining registration fee is due: First class: $700; each subsequent class: $100 N/A

FAQ

Is it possible for me to submit my own trademark application to Russia?
Only legal entities and self-employed business owners who are registered in Russia are permitted to file trademark applications on their own, while international applicants are required to be represented by trademark lawyers.

What are the justifications for rejecting a trademark application in Russia?
If a trademark is identical to or similar to previously filed or registered trademarks in regard to the same or related goods or services, or if it lacks distinctiveness or has a misleading nature, it is typically refused registration.

How can I search for trademarks before submitting an application?
You can use our free online trademark search tool to conduct a search by entering the mark name and the class number, or you can hire a professional search service. Please take into account the following information when verifying the mark name: — different spellings of the word should be checked (HERMES — ERMES, HERMEZ, etc.); — parts of the mark should be verified both together and separately (MAXINORM — MAX, NORM); — spelling of the word should be verified in both Latin and Cyrillic (Poker - окер); — meaning of the word should be verified in other languages (Dre

Can a trademark application for multiple classes be filed in Russia?
You are permitted to submit trademark applications in Russia with a designation of any desired number of Nice Classification classes. Please be aware, however, that the number of classes determines the official charge amount.

Can the Russian trademark registration process be sped up?
The Trademark Office's matching service can be ordered to speed up the trademark registration process. As a result, the Trademark Office will review an application and make a decision quickly, i.e., within around two months. If the decision is favorable, the formal registration cost must be paid before the registration certificate can be obtained.

What is a cancellation for non-use?
In accordance with Russian law, a third party may submit a request for the cancellation of a mark if the holder or a representative has not utilized it for a minimum of three years in a row following registration.

In Russia, how many times can a trademark be renewed?
In Russia, trademarks may be renewed every ten years as often as necessary by paying the appropriate amount.

Our Blog

Overview
Requirements for registering a trademark
Documents and information required for filing
Procedure for registering Trademarks
Request for cancellation and possible oppositions
Validity and renewal of Trademarks
Charges
FAQ
Blog