Making changes to the trademark in Russia

with one application submitted
with a guarantee of results under the contract


We register a trademark with a free check in Rospatent

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Our team

Alexander Dubok
Alexander Dubok
Head.
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Anatoly Dubok
Anatoly Dubok
Technical Director.
Daniel Fadeev
Daniel Fadeev
Patentee.
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Dmitry Naplekov
Dmitry Naplekov
Patent Attorney No. 2086.
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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.

What changes are allowed to be made to a trademark?

In accordance with clause 1 of Article 1505 of the Civil Code of the Russian Federation, the following changes may be made upon the application of the right holder:

  • name, name, place of residence or location of the right holder;
  • address for correspondence;
  • reduction of the list of goods and services (it is prohibited to expand it);
  • some elements of the trademark, which will not lead to the loss of its individualization and recognizability, as well as technical errors.

What changes cannot be made to the trademark?

It is forbidden to make corrections that would affect its recognizability and perception by the consumer, as well as:

  • Expand the list of protected goods/services;
  • Introduction of new verbal or graphic elements;
  • to exclude a significant graphic element that occupies a large place on the designation and is responsible for visual perception.

Why to notify FIPS of trademark changes?

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.

Procedure for amending the application and the trademark certificate

In the application

  1. Evaluate the likelihood of amendments and the need to pay fees. To pay the fee, we send the client a sample payment order and wait for the payment.
  2. We prepare package of documents and submit it.
    Term of performance - 1 working day.
    *Excluding time for paying the fees and signing the documents by the client, if necessary. For example, in the case of changes related to the transfer of rights to the application to another person.
  3. We respond to all notifications of Rospatent during the application review period.
    Time frame: ~ 30 working days.
  4. Receive Rospatent's notification of changes in electronic form and send it to the client.

In the certificate

  1. After the client provides information on the changes he would like to make to the trademark, we check whether he took into account all the changes. For example, if the legal address and OPF have changed, but in the application he indicated only the change of address.
  2. We assess the possibility of making these changes and calculate the fees.
  3. Send the applicant a sample payment order for payment of state fees and a list of necessary information and documents for the preparation of the application.
  4. We prepare the required package of documents.
  5. Send it to the client for signing and submit to the registration authority.
    Working time - 3 working days.
    *The time for the application signing by the client is not taken into consideration.
  6. While the application is being considered by the registration authority we also prepare and send a response to all the requests of registration authority.
    Term: ~ 75 working days.
  7. We obtain paper document about changes and send it to the customer.
    Term: ~ 20 working days.
FAQ
 

For what period does the FSIP register changes to the TM?

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.

 

Do they submit supporting documents to Rospatent in case of changes?

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.

 

Is it possible to make changes in the registered trademark or filed 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.

 

What is the purpose of changing the address for correspondence and why is an appendix to the Certificate of amendment necessary?

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.

 

What are the reasons for changes in a registered designation

Alteration of a registered designation and its correction may be due to the following circumstances:

  • change of company name;
  • change of personal data of the entrepreneur;
  • change of basic registration data - address and location;
  • change of unprotected elements of the designation;
  • if the right holder applies with a request to reduce the number of classes of the Nice Classes, which are covered by the protection regime of the designation.

If the registry contains errors in the data of the right holder, it can lead to serious consequences, such as non-receipt of correspondence.

 

If the company name has changed, but the TIN remains the same, what are the next steps?

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.

 

Why was I denied registration of the trademark agreement due to a change of address?

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.

 

What are some controversial situations in which it is possible to make changes to the TM?

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.

 

What are technical errors?

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.

 

What documents must be prepared?

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:

  • for legal entities - extracts and record sheets from the Unified State Register of Legal Entities and registered amendments to constituent documents;
  • for entrepreneurs - sheets of entries in the Unified State Register of Legal Entities and the passport with the new data;
  • Document confirming the payment of the state duty - copy of the payment order;
  • Power of attorney for the representative, if necessary;
  • Copies of documents that confirm the changes (Certificates, Minutes or Decisions of the meeting).
 

Is it possible to change the owner of the application for TM?

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.

 

Whether it is necessary to register insignificant changes in the trademark?

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.

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