A trademark registration certificate is valid for 10 years with the possibility of unlimited renewal.
During this time, some changes in the range of products or services may occur and a slight modification of the trademark may be required. All corrections need to be registered with the Federal Service for Intellectual Property (Rospatent), otherwise the possibilities of its use will be limited (for example, without making changes in information about the rights holder cannot register a licensing agreement). In addition, the modified trademark will not be protected from infringement by third parties and the rights to it will be difficult to prove.
An amended registered designation will not be under the protection of the law unless corrections are made to the State Register.
The right holder is obliged to notify Rospatent of all corrections which relate to the state registration of the trademark.
All inquiries and official correspondence in this regard are sent by the Federal Patent Service to the correspondence address indicated at the time of registration. Therefore, a change of mailing address and failure to make the appropriate corrections entails the risk of lack of awareness and loss of trademark rights. Unregistered changes in the legal address of the right holder may result in the refusal of other registration actions.
Standard term for introduction of amendments is 2 months, therefore correct execution of documents promotes the fastest possible change of the trademark and prevents additional disputable questions from the specialist of Rospatent. In case of additional inquiries and notification, the term is increased (usually by not more than three months).
It is very important to prepare all application materials in advance and take into account all nuances in order to speed up the time. Therefore, it is worth to submit both basic and additional materials at once in order to speed up the amendment procedure.
The right holder is not obliged to indicate the reasons for the change. However, the change of business name requires the attachment of relevant supporting documents - an extract from the Unified State Register of Legal Entities (IE) and a copy of the passport. They shall be attached to the application.
Yes, this is regulated by Article 1505 of the Civil Code and takes place at the right holder's request. They may be related to the correction of the designation itself, but the main thing is to preserve the essence of the mark itself. Such transformations include a minor change in the color scheme, enhancement of the clarity of the outlines or lines, a minor change in the font (change to italics). Images of the amended designation are sent to Rospatent.
The correspondence between the right holder and Rospatent is conducted at the address indicated for correspondence. If it is invalid, the right holder cannot be informed about the illegal use of the trademark and is deprived of the opportunity to protect his intellectual rights.
If the trademark has not been used for more than 3 consecutive years, a third party may file a claim for invalidity of registration of TK and again these claims will be directed to the legal address. Lack of exact address entails a lot of adverse consequences for the trademark owner.
Annex to the certificate, which is issued by Rospatent after the amendment of the trademark, confirms the exclusive right to it for the goods and services specified in the document. In other words, this document secures to the right holder the right to use the trademark on lawful terms and prohibits its use by third parties.
Alteration of a registered designation and its correction may be due to the following circumstances:
If the registry contains errors in the data of the right holder, it can lead to serious consequences, such as non-receipt of correspondence.
A change in the name of a legal entity or its organizational and legal form is grounds for amending the State Register of Trademarks and the certificate of registration. For example, OAO is changed to AO or from OOO "Tsvetochok Plus" to OOO "Tsvetochok".
After confirmation of corrections from the Federal Tax Service, it is recommended to make changes to the TK immediately. In addition, a copy of additions to the Charter of the organization and an extract from the Unified State Register of Legal Entities is provided.
Filing an application for amendment of the trademark is necessary in case of changes in address and location. Rospatent examiners will not be able to register the agreement or extend the trademark if the data in the Unified State Register of Legal Entities (USRLE) does not match the Registry. An application for amendment is sent to Rospatent before the registration of the agreement or simultaneously with the registration of the agreement.
In some situations, it is possible to make additional amendments that have entered into legal force by court decision. For example, the trademark is registered for several goods and a separate registration for a certain part of the goods, which is given in the original version, is singled out from the registration documents. This action is possible when a trademark is challenged, but an application for a separate registration must be sent before a final decision in a disputed situation is made.
Technical errors are omissions of words or letters, obvious typos, incorrect punctuation. They can be detected by the office staff or by the owner of the designation. Technical errors are corrected and the changes made are entered in the Trademark Registration Certificate and published in the official bulletin of Rospatent.
Depending on the grounds for changing the information about the owner or trademark, the following documents shall be submitted simultaneously with the application to Rospatent:
Yes, for this, the acquirer of the right submits an application for change of information about the applicant in connection with the transfer or transition of the right to the registration of the contract of alienation of the application. It is also necessary to attach a receipt on payment of state duty.
The law allows only minor amendments to the details of the trademark, which will not affect the consumer's perception of the goods or services. In practice, minor corrections that do not affect the rights of third parties are often used without appropriate registration actions.