Registration and judicial protection of
intellectual property
intellectual property
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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.
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:
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:
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.
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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