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It is possible to obtain trademark protection in any country, and the legal protection regime will be the same for resident firms and foreign companies. Registration of designations in Russia takes place by filing a national application through Rospatent or by applying through the Madrid system. Registration procedure will include compulsory examinations which should confirm the uniqueness of the designation in comparison with the already protected objects.
The procedure for securing rights to trademarks in the Russian Federation is regulated by the Civil Code of the Russian Federation. Norms of the Civil Code of the Russian Federation fully correspond to the international agreements and conventions to which Russia is a party. Here are the rules to be observed by a foreign brand that has decided to register its trademarks in Russia:
Problems may arise if a designation similar to the trademark of a foreign company has already been registered in the territory of the Russian Federation. In this case there will be no sign of distinctiveness, and the identification of identity or similarity with the protected object will result in the rejection of the application. Options for solving this problem are to change the content of the trademark, or to challenge already registered rights.
Even before filing an application, it is advisable to conduct a preliminary information search in the Register of Trademarks of the Russian Federation. A foreign business entity can do this on its own or through patent attorneys. The second option is optimal, as the verification will be as quick and objective as possible.
The following rules should be taken into account when drawing up and submitting an application:
After filing the application it is no longer possible to make changes to the content of the designation, so the company must immediately provide for all the consequences of upcoming examinations.
The application will be subjected to examination in Rospatent. As soon as the documents are received and the information about the application is published in the Bulletin of Rospatent, the company will receive the priority. This gives an advantage during the examinations in case several applications with similar designations are examined simultaneously. The procedure of consideration of the application includes the following stages:
If there are no claims on the part of the experts, a decision on the registration of the foreign trademark will be made. The information about the right holder and the registered designation will be entered in the registry, and the applicant will receive a certificate of protection. The regime of legal protection is set for 10 years, but the company will be able to extend this term an unlimited number of times. To extend it, one needs to submit an application to Rospatent and pay a fee.
Having received a certificate of protection, a foreign company will be able to use any options to protect its trademark on the Russian market - to submit written claims, to go to court or law enforcement agencies. Also exclusive rights to the trademark can be sold or transferred to other persons under contracts.
If you need to register a foreign trademark in Russia, you can use our services. We will help you to prepare all necessary documents for filing an application with the Russian PTO and represent your interests for registration of a trademark. To learn more about registration options, consult our specialists. You can do it by phone, indicated on our site or via the feedback form.
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