Straight answers about registering and protecting trademarks in Russia and abroad. Can't find yours? Ask us directly.
Yes — but only if the individual is registered as a sole proprietor (individual entrepreneur).
Yes, it can.
You may use a sign without registration — "trademark" is the legal term for a registered sign. However, the absence of registration may allow others to register it and later prohibit you from using it.
A trademark individualises the goods or services you provide. Registration is a way to safeguard your business against unfair competition.
You can file by post, in person, or through the electronic portal of Rospatent or Gosuslugi (electronic filing carries a 30% discount on state fees).
With the Federal Service for Intellectual Property (Rospatent).
Renewal of the exclusive right may be carried out by an individual if that person is a representative of the trademark owner — a patent attorney.
It depends on how the sign will be used. For an online store it is logical to register with the top-level domain, so the name leads users straight to the site (e.g. the mark "OZON.ru"), or where it adds meaning to the sign (e.g. "Probok.net").
Yes, registration in two languages is possible — but consider the form in which the registered sign will actually be used.
Yes — the applicant can be changed while the application is under examination.
A logo is a company's brand sign; a trademark is a registered brand sign. In effect, a trademark is the "official" version of a logo.
Yes, this is possible. But the change of owner (applicant) must not mislead consumers as to the producer of the goods and services.
A sample is available on the website of the Federal Institute of Industrial Property (FIPS). We recommend consulting a specialist to reduce the risk of refusal.
A sole proprietor or a legal entity — either independently by filing with Rospatent, or through the services of a qualified patent attorney.
Consult the open FIPS registers (www1.fips.ru), enter the certificate number, and check the term of validity.
On the website of the Intellectual Property Court, in the "Bank of Decisions" section, dispute category 20.2.6.1.
In the name of a legal entity or a sole proprietor. A collective trademark held by several entities/proprietors is also possible, provided a common quality or other shared characteristics of the goods and services are maintained.
Compare the goods and services covered by the other trademark with your own. If they overlap, urgent measures are needed — e.g. terminating the other sign, stopping the infringement, or acquiring rights (a licence or assignment agreement).
10 years, renewable for another 10 years an unlimited number of times. With timely renewal, a trademark can effectively last indefinitely.
Yes — if each applicant's goods and services are dissimilar and consumer confusion is excluded. A letter of consent from the first owner may be required to register the second mark.
Where the trademark is used or planned to be used to individualise goods and/or services. "Use" covers production, sale and even offering for sale (advertising, exhibitions, etc.).
In many countries, registration in the name of an individual is allowed. In Russia, such an individual must be registered as a sole proprietor.
A trademark is the broader concept — covering word marks, figurative marks (logos), combined marks (word + logo), sound, three-dimensional, colour and even olfactory marks, and combinations of these. Which is preferable depends on the chosen classes and the results of a clearance search.
Grounds for refusal are set out in Art. 1483 of the Russian Civil Code. There is no direct prohibition on an English transliteration, but it is important to assess the risk of misleading consumers as to the producer, place of production or quality of the goods.
A trademark certificate, which attests the priority of the trademark and the exclusive right in respect of the goods listed in the certificate.
The decision to refuse is made by Rospatent, not the examiner. Rospatent's decisions can be challenged administratively (Chamber for Patent Disputes) and then judicially (IP Court). A substantiated complaint about a specific examiner can be filed with Rospatent's quality-control service.
File an application for registration with Rospatent. Priority is assigned immediately — on the day the application is filed.
Prosecution from filing to decision usually takes 8–12 months. But you receive priority on the day of filing.
Yes — examination can be expedited to about 3 months upon payment of the corresponding Rospatent tariff.
10 years, renewable for a further 10 years an unlimited number of times.
Signs listed in Art. 1483, Part 4 of the Russian Civil Code cannot be registered.
By filing the appropriate petition and paying the requisite fee.
An image of the claimed sign; a list of goods and services for which registration is sought, per the Nice Classification; a power of attorney in the name of the patent attorney; and details of the applicant seeking the certificate (name, address).
To reveal potentially similar trademarks that are already registered, reducing the risk of examination queries and of refusal.
Yes. Use of the trademark must begin no later than 3 years from the date of registration, otherwise this can be grounds for terminating it.
A service mark is a trademark registered for classes relating to services — for example, hairdressing salons.