Restoring a 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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8 out of 10 of our clients work remotely.
We will hold an online meeting, conclude an agreement and do the work remotely.ПWe will hold an online meeting, conclude an agreement and do the work remotely. It doesn't matter what town you're from.
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More than 6,000 objects were registered
In all likelihood, your case is similar to the cases we have seen in our practice.
We represent interests in 65 countries of the world
For international registration, we resort to the help of reliable patent attorneys from abroad.
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We are responsible to Rospatent. Attorney status does not require you to have a notarized power of attorney or an EDS.

Our team

Alexander Dubok
Alexander Dubok
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Anatoly Dubok
Anatoly Dubok
Technical Director.
Daniel Fadeev
Daniel Fadeev
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Dmitry Naplekov
Dmitry Naplekov
Patent Attorney No. 2086.
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A trademark certificate is issued by Rospatent after registration, and its validity in Russia and abroad will be identical - no more than 10 years. However, national and international law allows the extension of the exclusive rights regime for a designation if the right holder submits a corresponding application to the Patent Office. Let's find out what needs to be done to extend registration and how to get the certificate restored in case of Rospatent's refusal.

How the certificate is renewed

Unlike patents on industrial property, a trademark certificate can be renewed an unlimited number of times. This can be done not only by the original right holder, but also by the acquirer of exclusive rights under an assignment agreement. Let us highlight the general rules to be taken into account when applying for renewal:

  • the application must be submitted in the last year of validity of the certificate;
  • in exceptional and compelling cases, the right holder may submit a petition for an additional 6 months to file an application (this possibility will be provided for an additional fee);
  • to extend the national certificate one should apply to the FIPS, and in case of international trademark protection regime - to the relevant patent offices of foreign countries.

Under the international protection regime, it is not necessary to renew the certificate in all countries, as the company may voluntarily waive trademark protection in certain jurisdictions. However, the renewal will take into account all the classes of products according to the Nice Classification previously indicated in the certificate. It is also necessary to take into account the requirements of the national laws of the selected countries, and all actions should be carried out through local patent attorneys.

As a rule, if the application is submitted to FIPS in compliance with the procedural deadlines and the state duty for renewal is paid on time, there will be no problems with re-registration. It is sufficient to indicate the following data in the text of the application:

  • information about the right holder, as well as his representative;
  • the period for which the applicant requests the extension of the protection regime;
  • data on the availability of rights to a trademark - details of the certificate, registry number;
  • date and personal signature.

The state duty for prolongation will be 14 000 rub + 700 rub for each class of the ICU over 5, and if you apply for additional 6 months, you will have to pay additionally 1750 rub. For renewal of collective designation the state duty will be higher - 18 900 rub. + 700 rub. for each class of the International Classification of Goods above 5. The fees include 30% discount for filing in electronic form. Only a well-known trademark does not need to be renewed, as the certificate for it is issued indefinitely.

How to restore a trademark

If an application for renewal is filed out of time, the protection regime will be revoked. The company will not be able to prevent others from using the unprotected designation in their activities. It is also possible that another business entity will apply for registration of an unprotected trademark.

Denial of renewal may be due to the following reasons:

The refusal to extend the certificate can be challenged administratively and judicially. First of all, it is possible to justify the validity of the reasons for restoring the term and submit the relevant evidence to Rospatent and then to the court. The law does not contain a precise list of evidence confirming the validity of the reasons for missing the deadline, so each specific case will be decided individually.

If there are mistakes in the application, the specialists of Rospatent will send a request for comments. If they are eliminated in due time, the procedure for renewal of the certificate will continue according to the general rules. Similarly, the issue with the payment of the fees will be resolved.

If the complaint filed administratively did not bring any result, it is possible to apply to the court for restoration of the trademark. If the court decision is positive. Rospatent will be obliged to extend the validity of the certificate and make an entry in the register.

Specialists of our company will help to extend the certificate of trademark, as well as to restore the missed terms, appeal against a negative decision of Rospatent. We will do away with all the reasons for refusal, we will do all the necessary paperwork and restore the legal protection in an administrative or judicial procedure. You can find out more about trademark restoration services at the consultation with our specialists.

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