The Federal Service of Intellectual Property, Patent and Trademarks (Rospatent) is responsible for the registration of trademarks and patents in Russia. Individuals who seek registration rights over their mark are therefore required to apply to Rospatent and meet the necessary conditions to qualify for exclusive rights. It is important to obtain professional advice when initiating the registration process to ensure you are successful in gaining trademark registration rights.
How to register a Russia Trademark
For those who wish to obtain a set of exclusive rights over their mark in Russia, must apply to Rospatent with the necessary application documents and await their decision regarding whether their mark meets the applicable trademark standards in place.
If individuals are successful in attaining registration approval by Rospatent, they will benefit from legal protection and exclusive ownership rights within the territory of Russia. Usually, all marks that meet the conditions stipulated by Rospatent will be awarded with registration rights, however, third parties have the right to contest the registration.
The main conditions that Rospatent requires trademarks to meet include:
- Must be capable of graphical representation
- Must be compliant with the Russia trademark act
- Must not be the same or similar to other marks
- Cannot be offensive, immoral or confusing to the general public
- Cannot be descriptive in nature
Article 5 of the Russia Trademark Act provides a detailed overview of the exact specifications a trademark in Russia should meet. It is therefore advisable for individuals to study the act and the requirements stipulated by Rospatent prior to submitting an application for registration; this is because all applications that are rejected by Rospatent will also lose their application fee.
Article 4 of the Russia Trademark Act provides the rights and remedies available to owners in the event of passing off or infringement. Due to the scope associated with Russia trademark laws, it is advised that professional legal guidance is sought to manage and maintain your Russia trademark rights.
Validity of a Russia Trademark
Trademarks registered with Rospatent are valid for a 10-year period from the date of registration. Provided the mark is in a commercial capacity, and in line with all other trademark standards in Russia, the owner can seek renewal of their rights after 10 years. It is vital that owners use their registered trademark within a commercial capacity for 3 consecutive years after registration as non-use can result in the renewal of registration rights being denied.
View our Russia Trademark services page to see how Starting Business can assist you.