Trademark Search in Russian Federation

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

It takes about one year to accomplish the entire application and registration processes. It can take longer than a year if challenges and obstacles should arise.

If I register my trademark in the Russian Federation, do I have protection in other territories?

No. Russian Federation is the territorial limit of protection.

Do I need to sign a Power of Attorney?

Yes. Applicants are required to submit a signed power of attorney to complete the application.

Are there any benefits from a pre-filing use of the trademark?

Pre-filing use is beneficial only in cases where the mark is basically non-distinctive. The applicant may use it to exhibit the mark’s distinctive qualities and to deal with challenges based on non-distinctiveness.

Will there be problems in case I don’t use my trademark after registration?

Yes. A third party may attack the registered mark on the ground of non-use which will inevitably result to a cancelled registration.

What are the types of trademark that can be registered in the Russian Federation?

Applicants may register any mark or sign that can graphically be reproduced and can make the good or service distinguishable from others. 

  • Names
  • Words
  • Motion
  • Devices
  • Sounds
  • Holograms
  • Colors
  • Slogans
  • Shapes with 3 dimensions
What are the phases of application after a trademark has been filed in the Russian Federation?

These are the phases of trademark application: 

  1. Publication – The application details will be published in print and online. Making the following information available to everyone allows interested parties to oppose.
    • Mark
    • Goods/services
    • Applicant’s name
    • Applicant’s address
    • Date of application
    • Number of application
    • Information about priority claim
    • Trademark representation
  2. Examination – Trademark authorities will examine the application and make sure that it is compliant with all the requirements in terms of: classification, formalities, deceptiveness, clarity, descriptiveness, distinctiveness, and possible conflicts with other registrations.
  3. Registration – Provided there is no ground for rejection and oppositions have been successfully overcome, the issuance of registration will be the next step.
What type of trademark is non-registrable?

The following marks/signs are banned by law: 

  • Marks that are in conflict with moral principles or a threat to public order
  • Marks that can be used primarily as a name of a geographic location
  • Marks without distinctive qualities
  • Marks that are generic or have a general meaning
  • Marks that feature a flag, symbol or name of a nation/region/state or an international organization
Does the Russian Federation use the "Nice Classification" system?

Yes. The Russian Federation uses the Nice Classification. Multiple applications are not necessary to cover several classes of goods / services. Just one application would suffice.

Is there any possibility to claim priority in the Russian Federation?

Yes. The home application date can be considered as the filing date in the Russian Federation if: 

  • The home country is a Paris Convention signatory
  • The home application was filed not exceeding 6 months prior to the filing of application in the Russian Federation
What do I need to do to satisfy the use requirement?

Use the mark within 3 years from the date of its registration. It must be used commercially and must occur in the Russian Federation.

Once my trademark has been registered, for how many years will be valid?

Registered marks in the Russian Federation have an initial validity of 10 years starting from the application date.

What will be the renewal date of my trademark?

To know when you should first renew your trademark, count 10 years from the date when you filed for application.

Is it legal to use my trademark even if it is not yet registered?

Yes. It is legal to use unregistered marks.

Does having a registered trademark in the Russian Federation afford me any right?

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.

What is the web address of the trademark national office?

The Russian Federation trademark office is available online at http://www.fips.ru/

Is there any need to use my trademark before I apply for registration?

No. There is no need to use the mark before filing the application.

What are the grounds for a Trademark Application to be opposed?

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
Who can contest my trademark registration?

Anyone or any interested party can oppose the registration.

Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period begins on the date when the application was filed and will end on the date the mark was registered.

Is the Russian Federation a member of the Madrid System?

Yes. The Russian Federation is a signatory of international treaties like the Madrid Protocol and the Madrid Agreement.

Do I need to present periodic statements of use?

No, these are not a requirement.

When should I renew my trademark?

Renewals must be settled every 10 years from the registration date or the last renewal date.

What will be the renewal date of my trademark?

To know when you should first renew your trademark, count 10 years from the date when you filed for application.

Is there any documentation that should be presented when renewing a trademark?

When renewing a trademark, a power of attorney must be presented in the trademark office.

If my trademark expires, do I have a grace period?

Owners are given 6 months to renew the mark after its expiration date.

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