Step 2 - Preliminary verification of the trademark for uniqueness
1 working day
At the preparatory stage, we analyze if there are any obstacles to registration. We check if there is a match with the existing designations. In other words - we establish the degree of uniqueness. According to the search results, we estimate the prospects and give the expert opinion. We give recommendations on how to improve the sign, if it has low uniqueness or does not meet the criteria of protectability. Payment of state fees for registration of trademark.
Step 3 - Filing with Rospatent
From this point, the priority is set by the filing date. Starting from this stage, you can do everything yourself, but it is better to use the services of our lawyers, who know the nuances of the procedure.
Step 4 - Conducting Formal Examination
The experts from Rospatent in the course of this procedure check the submitted documents for correctness of forms and forms and establish the fact of payment of fees.
Step 5 - Conducting a substantive examination
There is a full verification of the compliance of the registered designation with the requirements of the current legislation of the Russian Federation. According to its results, the applicant receives a positive decision on the registration of the trademark or is notified about the refusal.
Before the final rejection, the examiner sends the applicant an appropriate notice of compliance review, to which the applicant has the right to submit objections within 6 months. After considering the objections, the examiner issues a final decision.
Step 6 - Obtaining a Trademark Registration Certificate
At the final stage, the applicant pays for the registration and receives a certificate. Information about the right holder and the designation will be entered in the public register of Rospatent.
Why do you need to register a trademark?
Trademark registration is the process of obtaining a certificate to use a unique designation that helps consumers distinguish the goods or services of a particular company. To prevent competitors from using someone else's mark, exclusive rights are registered for it to protect the business.
In order to register a unique trademark in Russia, it is necessary to apply to the Federal Institute of Industrial Property, a subordinate body of the Federal Service for Intellectual Property (Patent Office Rospatent).
Since 2006, the experts of the "Pervoistok" Patent Bureau assist in the registration of a trademark "turnkey" and provide legal support in matters of intellectual property protection.
Documents for filing a trademark application
It is necessary to submit a written or electronic application to Rospatent, the contents of which must include a list of documents.
Application with the registration data of the company or IE, addresses for correspondence and information about the representative.
The designation to be registered. It is allowed to use verbal, graphic, combined, sound and other objects.
Description of the element. The document should disclose the appearance of the sign, decipher the abbreviations, indicate the meaning of symbols and words, the semantic purpose
The list of product groups according to the classifier of the Nice Classification. When selecting such classes, it must be taken into account that the protection regime will not apply to other goods not specified in the application.
Receipt of payment of state duty
All documents in the application for registration of the TOR must be in proper quality, which allows copying them by standard technical means. Inadequate quality of the submitted documentation will be one of the grounds for refusal to consider the application.
If you use the assistance of our representatives, it is sufficient to attach to the application:
logo or name;
information about your company's activities;
details of the legal entity or individual entrepreneur.
The cost of state duties for trademarks
Registration of the application and decision on formal examination - from 2450 rubles. (time period - from 1 month)
Expertise on the merits - from 8050 rubles. (duration - 6-12 months)
ОPayment of the state fee for registration of trademark in Rospatent - from 11200 rubles.
Issuance of certificate - 1400 rubles.
Additional classes of the ICS over one will cost 1,750 rubles. Each subsequent class, starting from the 6th, will cost 3150 rubles.
The cost is given including 30% discount for electronic filing. Otherwise, the cost will increase.
The information on the extension of the TOR registration is published in the official bulletin of Rospatent.
Types of trademarks
Stylized images of people (baby face - Gerber).
Objects of animate and inanimate nature (Playboy - rabbit, Lacoste - crocodile, Apple - apple).
Fictional Characters (Cheburashka).
Compositions of regular and irregular geometric shapes/lines (Opel).
Verbal. Individual letters, words, abbreviations or word combinations: Jeep, LG, Samsung, Motorola.
Combined. Pictorial and verbal signs are often combined and in this case the stylistic images are complemented by a verbal element: Nissan, BMW, Volkswagen, Adidas, Puma.
Volumetric. A variety of three-dimensional objects: car emblems (Jaguar, Rolls-Royce), branded containers (Coca-Cola bottle).
Dynamic (Multimedia). The "live" display of the product in this case is represented by a sequentially changing picture. Screensavers for cell phones (Nokia) or computer operating systems (Windows).
Sound. Ringtones, screensavers, ringtones and software soundtracks. Nokia cell phones are quickly recognized by the sound of the company's ringtone.
Light. Representing a certain alternation of light signals different in duration of luminescence and color performance. Microsoft Corporation has registered a designation in the form of light glare emanating from one point.
Color. It is possible to register a certain color, provided it is distinguishable. Gazprom uses a shade of blue as its corporate color, symbolizing burning natural gas.
Holographic. Holograms with company symbols (abbreviation, word, logo, original picture) can be classified as a type of pictorial elements, as well as three-dimensional signs. They are used not only to mark the goods, but also to protect products from counterfeiting.
Olfactory. These are certain smells. Very difficult to register because they are not related to the essence of the product and must have a graphic reflection.
Taste. Associated with the products of the food industry, which have a certain taste. Should also have a graphic form at the same time.
Tactile. Presented in relief-dot design. Performed in Braille and designed for the blind or visually impaired.