English
The average time frame for the registration approval is 12 months, if no objections or oppositions arise.
No. Russian Federation is the territorial limit of protection.
Yes. Applicants are required to submit a signed power of attorney to complete the application.
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.
Yes. A third party may attack the registered mark on the ground of non-use which will inevitably result to a cancelled registration.
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
These are the phases of trademark application:
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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
- 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.
- Registration – Provided there is no ground for rejection and oppositions have been successfully overcome, the issuance of registration will be the next step.
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
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.
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
Use the mark within 3 years from the date of its registration. It must be used commercially and must occur in the Russian Federation.
Registered marks in the Russian Federation have an initial validity of 10 years starting from the application date.
To know when you should first renew your trademark, count 10 years from the date when you filed for application.
Yes. It is legal to use unregistered marks.
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.
The Russian Federation trademark office is available online at http://www.fips.ru/
No. There is no need to use the mark before filing the application.
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
Anyone or any interested party can oppose the 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
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
The opposition period begins on the date when the application was filed and will end on the date the mark was registered.
Yes. The Russian Federation is a signatory of international treaties like the Madrid Protocol and the Madrid Agreement.
No, these are not a requirement.
Renewals must be settled every 10 years from the registration date or the last renewal date.
To know when you should first renew your trademark, count 10 years from the date when you filed for application.
When renewing a trademark, a power of attorney must be presented in the trademark office.
Owners are given 6 months to renew the mark after its expiration date.