MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

TRADEMARK IN RUSSIA

Trademark in RussiaMIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Russia including trademark search, registration, trademark renewal, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner..

Overview of the trademark registration procedure:
According to the legislation of Russia, designations that are similar with or identical to the trademarks previously registered or applied for registration in respect of similar goods and/or services cannot be registered.

The online trademark search is available on our website in order to determine whether there are any similar or identical trademarks registered or filed with the Federal Institute of Industrial Property (FIPS).

Foreign applicants must be represented by a registered Russian trademark attorney.

For filing a trademark application we need:
- Prints of the trademark;
- Name and address of the applicant;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be submitted within three months from the filing date)
- Signed Power of Attorney, legalization and notarization are not required.

After completion of filing, a formal examination of trademark application is conducted within 2-3 months. Then the applied designation undergoes expert examination for about 6-7 months. On condition that the trademark meets the requirements of protectability, the grant decision is issued and the certificate of registration is forwarded to the applicant within 3-4 months after payment of the registration fee. Otherwise, the provisional refusal is issued and may be appealed within the further 6 months.

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

The smooth trademark registration procedure takes from 11 to 13 months in Russia.

Trademark validity and renewal:
A trademark is valid for 10 years from the filing date and can be further renewed every 10 years. It is possible to apply for trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of grace period) is not possible.

Required documents: signed and stamped Power of Attorney.

For more information about trademark registration in Russia or quotation for filing and prosecution of the Russian trademark application please contact us.

Grounds, institutions and terms for filing a cancellation after registration (issuance of the certificate):
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.

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Moscow

13, Bolshaya Dekabrskaya Str.

Suite 7

Moscow, 123022

Russia

Fax: +7 (495) 739 65 25

Email: moscow@mspcorporate.com