A logo is an integral part of any company that produces goods or provides services. Nowadays, almost every young or small company has its own logo, because it stands out from all the others and promotes recognition by customers.
From the legal point of view, a logo is an object of intellectual property and after registration as a trademark enjoys full legal protection from unlawful use by third parties.
Registration of a logo as a trademark is a prerequisite for any company that plans to be competitive and produce a recognizable brand. Only in this case it is provided with the exclusive right to use a unique designation for its goods and services. At the same time it prohibits competitors from using the same or similar symbols. Without registration it is also possible to assert its rights to a commercial designation, but the success of the dispute is not guaranteed and may be accompanied by large material outlays.
Legal protection of the logo is a reliable tool against illegal copying, counterfeiting and use of the company's reputation by third parties for their own purposes. Illegal use of someone else's logo may entail such adverse consequences for the perpetrators, such as a fine of up to 5 million rubles, compensation for damages and, in some cases, imprisonment.
Once the state registration is obtained, the owner of the logo receives the following benefits:
The use of unregistered logos is allowed if it does not violate the rights of third parties, does not mislead the consumer, and emblems and designations do not belong to the state or official symbols. However, one cannot count on the full functioning of the means of individualization in this case, and the protection of the state is not guaranteed.
|Duty Clause||Reason for payment||When to pay||Duty amount, rubles.||Duty amount, rubles. (including 30% discount for electronic filing)|
|2.1||Logo Application Registration||Before submitting the application by attaching the receipt with a note of payment to the package of documents||3500 (+ 1,000 rubles for each class of the ICU over 5)||2450|
|2.4||Conducting an examination of the designation and making a decision||see para. 2.1||11500 (+2500 rubles for each class of the ICU over 1)||8050|
|2.11||For registering the logo||After a favorable decision (no later than 2 months)||16000 (+1000 rubles for each class of the ICU over 5)||11200|
|2.14||For issuing a certificate||see para. 2.11||2000 (фиксированная сумма)||1400|
The company needs to undergo the following activities:
The result of the examination of the designation will be of key importance. In order for a logo to be granted legal protection, it must have distinctiveness. For this purpose, all text and graphic fragments of the logo are checked and compared with the already registered objects. If it is found to be identical or similar to the protected designations, registration may be denied. The review also includes identification of prohibitions and restrictions preventing registration and issuance of a certificate.
Register your logo as a trademark and your company will gain the following benefits
The certificate of protection for a logo will be valid for 10 years. However, a company can easily extend it for a similar period of time if it applies to Rospatent in time, and pays the cost of state duties for registration of the logo.
It is necessary to start using the designation within 3 years after registration, otherwise the protection regime may be revoked at the request of interested parties.
International companies can register trademark rights in foreign countries. This can be done either by contacting the patent office of each country or through the Madrid system. In this case, it is possible to file a single application for several states in the territory of which protection of rights to the logo is sought.
It takes 6-8 months to register a logo. The accelerated registration will reduce the time to 2 months, but the cost of Rospatent's services will increase manifold. However, in some cases, this option is the most optimal and profitable for the company. For example, if there are counterfeit goods that harm the reputation or counterfeit goods have appeared and it is possible to get them through customs only after the registration of the designation.
Before registration, you need to develop a logo and make sure that it has no graphic, phonetic, semantic similarity to the degree of confusion with existing designations, as well as does not violate the provisions of applicable law.
A preliminary search for logos is conducted through Russian and international trademark databases and trademark applications. The company logo must be completely unique. You can check it yourself via free online services on the Internet, but this check does not provide a comprehensive result. The search is carried out only on open databases.
That's why it's most expedient to apply to professionals. A paid pre-check guarantees an accurate result, and you get a ready-for-registration logo of the organization. The search is conducted not only in the open Rospatent's Register, but also involves the international Romarin database and the database of submitted applications for registration. As a result, FIPS denial of registration is minimized.
After checking the designation, you can proceed to registration. You will need the following list of documents:
Before you apply, remember the following prerequisites for registration:
The patent attorneys of "Pervoistok" provide a range of services for logo registration in Russia with guaranteed results. They have the necessary experience in solving this issue.
The application must be properly and competently prepared and submitted in Russian. If documents in a foreign language are attached, they must be translated.
The application must specify:
All documentation is sent to:
If there are mistakes in the application, the state body has the right to refuse registration, having previously sent a request to correct the mistakes.
Formal examination of documents by Rospatent employees lasts on average one month, but the term may be extended in case of necessity to provide additional information. The examination determines the sufficiency of the submitted documents and the correctness of their completion. Therefore, preparation of documents is an important stage of the registration process.
Substantive examination is a check on the originality of the logo provided, its similarity to the registered designations, as well as its compliance with the norms of Russian legislation. It takes an average of 6 months, after which the expert makes a decision on registration, and the applicant pays the fee for the issuance and registration of the mark.
Before filing the application with Rospatent, the applicant must also pay the state duty, which starts from 10500 ruble for 1 class of the Nice Classification required for electronic filing. The more classes of the ICTR selected, the higher the cost of the fee.
After a positive result of the substantive examination and payment of the fees for registration of the trademark and issuance of the certificate (from 12600 rubles if the application is filed electronically) Rospatent registers the logo and enters the information in the bulletin within a month.
The certificate shall not be issued for more than 1 month (from 2021 the certificate shall be issued in electronic form with the possibility to obtain a paper version upon additional application).
Logo registration involves filing an application with a federal government agency, which should be filled out with extreme care if you do it yourself.
Within 5 working days, the application is registered and given a registration number. After that, Rospatent staff conducts examination and may refuse in the following cases:
The duration of the examination is on average 6 months.
The Chamber of Patent Disputes is a structural subdivision of FIPS, which considers objections to a preliminary refusal to register intellectual property objects. There is an additional fee for the examination of objections. In case of refusal at the PCA, the fees are not refundable.
If Rospatent employees found a logo similar to yours to the extent of confusion, the registration will be denied and the money paid for the state fee will not be refunded. It is practically impossible to challenge the refusal on your own without knowledge of the regulatory framework of Rospatent. In this case, it is necessary to contact specialists; it is patent attorneys who will appeal the decision of Rospatent and prove the originality of your logo.
Our specialists have been registering property rights for about 15 years, so they have extensive experience and necessary practice in this matter. Patent attorney will provide legal support throughout the entire development and registration phase and will represent your interests in all agencies, including Rospatent.
Acquisition of exclusive rights