Legal notes to trademark registration in Russia

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Trademark registration in Russia. Russia, or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. Russia is a great power and is considered a potential superpower. It is ranked 52nd in the Human Development Index, with a universal healthcare system, and free university education. Russia’s economy is the world’s eleventh-largest by nominal GDP and the sixth-largest by PPP. It is a recognized nuclear-weapons state, possessing the world’s largest stockpile of nuclear weapons, with the world’s second-most powerful military, and the fourth-highest military expenditure. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Russia.

Necessary documents for trademark registration in Russia

Necessary documents for trademark registration in Russia include:

  • Detailed information of the applicant (name, address, nationality, etc.);
  • List of goods and/or services according to the Nice Classification;
  • Legal address of the applicant (in accordance with the foundation documents of a company);
  • Power of attorney (POA);
  • Priority documents (If any);
  • A document confirming payment of state duty for filling of the trademark application.

The procedure of trademark registration in Russia

To obtain trademark protection in Russia, the applicant needs to submit their trademark application to the Russian Federal service for intellectual property (Rospatent).

Examination process

After receiving the trademark application, the examiner at the Russian IP Office will conduct a formal examination of the application. This process takes about 2-3 months.

After the formal examination, the trademark application will undergo expert examination for about 6-7 months.

Trademark registration in Russia

If there are no issues and the application complies with the regulations of the law, the trademark will be registered and the applicant will receive the trademark registration certificate in 3-4 months after the payment of the registration fee.

If there are issues and the IP Office of Russia announces that the mark is unregistrable, the applicant will then have 6 months to file an appeal.

During the whole term of trademark examination up to the issuance of decision, any interested party may file Opposition against the registration of the mark.

Trademark validity and renewal

In Russia, a registered trademark will have a protection period of 10 years from the registration date. Every 10 years, during the 12 months before the deadline and in the 6 months grace period after the deadline, the trademark owner may file for renewal of the trademark to extend the protection period for another 10 years.

Reinstatement of a lapsed trademark (after expiration of grace period) is not possible.

Cancellation of a trademark in Russia

The cancellation of a trademark in Russia is listed according to the following situations:

  1. Cancellation based on relative grounds may be filed to the Board of Patent Disputes within 5 years from publication;
  2. Cancellation based on absolute grounds may be filed to the Board of Patent Disputes within the entire period of validity of the trademark;
  3. Cancellation based on non-use may be filed to the Court for Intellectual Property Rights. The grace period is 3 years from registration.

You can see a list of Russian IP firms here.

 

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