Registration is necessary in order for trademark owners to afford rights. The first person to file for application will be entitled for the grant of registration.
No, these are not a requirement.
Yes. The Russian Federation is a signatory of international treaties like the Madrid Protocol and the Madrid Agreement.
The opposition period begins on the date when the application was filed and will end on the date the mark was registered.
Yes. Owners of registered marks can afford these rights:
- Exclusive rights to use and make profits from the mark
- Rights to take an action to cancel any conflicting registration
- Rights to take a legal action against infringement
- Rights to take payment for damages caused by infringement
- Rights to authorize/license third parties to use the mark
- Rights to appeal from customs authorities for the seizure of counterfeit imported goods
Yes. A registration may be cancelled on the following grounds:
- Use requirements under Section VIII.A are not satisfied
- Bad faith
- Proprietary rights
- Geographical indication
- Against standards of moral or public order
- Mark is functional, misleading, disparaging, deceptive, not distinctive, or descriptive
- Unauthorized use of especially protected armorial bearings, emblems of states or flags
Anyone or any interested party can oppose the registration.
The following are possible grounds for an application to be challenged:
- Conflicting registration that was filed earlier
- Mark is opposed to moral principles or public policy
- Mark uses geographical indications
- Mark has a broad meaning, i.e., generic
- Mark is conflicting with trade names
- Mark is conflicting with notorious trade names
- Mark uses protected flags, emblems or armorial bearings
- Mark is functional, not distinct, misleading, disparaging, deceptive, or descriptive
No. There is no need to use the mark before filing the application.
The Russian Federation trademark office is available online at http://www.fips.ru/