Registration and judicial protection of
intellectual property
intellectual property
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Brand – is a set of individual characteristics of a manufacturer and its products, expressed in a recognizable identifier (e.g., through images, words, or sounds). A popular brand evokes such positive associations in customers that they only need to see the logo or label to make a decision to buy a product.
There is no such definition as "brand" in the legislative normative documents. It has a conditional character and consists of 4 factors.
It is not possible to register a brand as a set of individual elements. However, a firm can patent (register) a logo and name in order to obtain legal protection.
Legally correct name of the brand is a trademark. It can be presented in verbal, pictorial, volumetric, aural, olfactory or combined form.
A registered brand is necessary to provide legal protection, it is the property of the company and helps protect itself from competitors. A trademark is also a marketing move to grow a business. It is needed for consumers to quickly recognize the products and services of a particular company.
When creating a brand, it is necessary to choose the right and harmonious color palette, come up with a logo and name. The whole success of the business largely depends on this, as the consumer looks at the trademark itself in the first place, and then evaluates its quality.
The created brand needs to be registered in Rospatent for the purpose of its state protection. Applications and documentation are sent to the Federal Institute of Industrial Property (FIPS).
The brand registration procedure is regulated by articles 1492-1507 of the Civil Code of the Russian Federation and defines eight step-by-step steps:
First of all, it is necessary to determine the type of activity and choose the name that will protect the trademark. Next, the state duty is paid for the submitted application and examination. After receiving the results of the examination, it is necessary to pay the state duty for brand registration and receive the Trademark Certificate itself.
The list of documents is specified in article 1492 of the Civil Code of the Russian Federation.
There are 2 ways to submit documents to Rospatent:
The use of a brand implies its registration, the initial step of which is the filing of the corresponding application. The application form is available on the website of Rospatent with detailed explanations on how to fill it in. The application contains information on the applicant and the representative, if necessary, a thumbnail of the applied designation, indication of its type.
The applied designation shall be presented on a separate tangible carrier in two copies.
The application filed through Rospatent's service is filled in directly on the site and does not require submission of the application documents on paper, and also reduces the fees by 30%.
Only a legal entity or an individual entrepreneur may be an applicant and the applied for designation must comply with the current legislation (Article 1483 of the Civil Code of the Russian Federation). When drawing up a document it is necessary to correctly determine the class of goods and services according to the list of classes of the Nice Classification, to pay the application registration and substantive examination fees.
The type of mark is noted in the application: verbal, pictorial, sound, combined, etc.
Care should be taken when filling out the form. One mistake can be the reason for refusal of registration. The application should state:
A registered brand is guaranteed against third-party infringement.
To register a brand, it is not enough to come up with only an interesting name and a picture. A trademark must comply with legal requirements.
After approval of the mark within the company, all the necessary documentation is collected and prepared, which is sent to Rospatent together with the application.
Before they are sent, the state duty must be paid. Employees of the federal registering body examine the provided trademark not only for uniqueness, but also for compliance with the norms of legislation.
In case the result of the expertise is positive and no matches with the earlier registered designations are found, the trademark is put on the Uniform State Register, and the rightful owner is given the appropriate Certificate.
The term of validity of the exclusive rights to the trademark is 10 years, after which it can be extended by the trademark owner for the same period.
Before submitting a trademark application, it is necessary to verify the uniqueness of your designation. It is possible to conduct a preliminary check on your own using free online services on the Internet, but they do not give full results, as the search is limited to the open Registry of Rospatent.
Preliminary check of the brand name for uniqueness provides the following advantages:
Verification is carried out not only on the open Registry, but also using the database of applications for registration and the international Romarin database, the result is an absolutely complete accurate report.
All types of marks - logos, labels, names, packaging - are checked. In the end, you get a designation ready for registration, where the risks of rejection by Rospatent due to low uniqueness are minimized. If this step is skipped and the brand name is found to be unoriginal, you will not only lose time, but also incur unnecessary material expenses.
The Patent Office of Russia also checks the uniqueness of the brand. The search is conducted by the registered and applied for registration designations, which are similar and identical to the verbal designation provided by the customer, according to the specified classes of the Nice Classification. Verification of uniqueness shall take 20 days for one designation and cost 4,130 rubles, including 20% VAT - 688.33 rubles. However, you have to pay additional 1,062 rubles, including VAT 20% - 177 rubles, for each class of the Nice Classification.
More details on the cost of Rospatent services are available at the website of Rospatent https://www.fips.ru/vse-uslugi/uslugi-predostavlyaemye-fips-na-platnoy-osnove-.php
A brand name is registered in stages and each of these stages is subject to payment. The cost includes the state fees for the submitted application, the examination, the registration of the mark and the certificate issued.
The cost of registration, starting from 2021, starts to be calculated from the amount of 33000 roubles (starting from 23100 roubles if filed electronically). Extra charges will have to be paid for each separate class of the Nice Classification. This amount does not include:
The specialists of "Pervoistok" Patent Office know all the criteria on the basis of which a brand is registered.
A patent attorney undertakes all related obligations for brand protection:
Before submitting an application for brand registration to Rospatent, a patent attorney verifies the information provided and prepares a package of application documents. This helps to exclude various inconsistencies and incorrect filing of documents at the first stages.
If the registration is denied, the specialist will help to file objections to the Chamber of Patent Disputes and advise on other ways to register the designation (what changes to make, how to obtain consent from the right holder of the opposing mark and solve other issues of a legal nature).
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