Registration of Trademark
Trademark - is a sign registered by ROSPATENT (verbal, graphic, combined or otherwise) that is used for goods, services, organizations or entrepreneurs' identification.
We will search for the similarity of your designation with existing trademarks and applications filed.
— We will develop a strategy for registering a trademark, if necessary, make changes to go through the procedure.
— We will protect your trademark (service mark) in case of its unlawful use by third parties.
— We will cancel applications that are similar to the degree of mixtion and trademarks received later than your priority date.
— We will develop a strategy for registering a trademark, if necessary, make changes to go through the procedure.
— We will protect your trademark (service mark) in case of its unlawful use by third parties.
— We will cancel applications that are similar to the degree of mixtion and trademarks received later than your priority date.
What type of trademark can you register?
Types of trademarks registered in the territory of Russian Federation and across the world:
- VERBAL TRADEMARK:Verbal trademarks are authentic words or their combinations, presented in a specific graphical and font style.
- PICTORIAL TRADEMARK:Pictorial trademarks are the trademarks containing only an image (without words).
- COMBINED TRADEMARK:Combined trademarks contain both verbal and graphic elements.
- SHAPE TRADEMARK:Shape trademark – is a three-dimensional object, a registered form or packaging of goods that is granted legal protection in the territory of the Russian Federation.
- SOUND TRADEMARK:Sound trademarks are submitted for registration with ROSPATENT in graphical form (notes) or in the form of an audio file.
- COLOR AS A TRADEMARK:Corporate colors can be registered as a trademark in a certain field of activity.
Period of registration and continuance in effect of exclusive rights for a trademark:
- 2 WEEKSIs the minimum time of registration and issuance of a trademark (service mark) certificate!1
- 12 MONTHIs average time of registration and issuance of a trademark (service mark) certificate.2
- 10 YEARSIs the registered trademark's run of validity. Prolongation is possible.3
Procedure for a trademark registration:
1
PRELIMINARY AUDIT
1 – 2 hours
Assistant of patent administrator
A free express audit of a trademark will allow you to immediately identify the main difficulties in registering a sign as a trademark, reduce the risk of registration refusal, adjust TM prior to application submission to ROSPATENT.
Audit conclusion on the trademark registration possibility in the form of a report.
Assistant of patent administrator
A free express audit of a trademark will allow you to immediately identify the main difficulties in registering a sign as a trademark, reduce the risk of registration refusal, adjust TM prior to application submission to ROSPATENT.
Audit conclusion on the trademark registration possibility in the form of a report.
2
Results analysis, patenting strategy development
1 day
Patent official, Patent attorney
Analysis of possible difficulties in the trademark registration process and development of all possible ways to circumvent them.
Patent official, Patent attorney
Analysis of possible difficulties in the trademark registration process and development of all possible ways to circumvent them.
3
Application audit and submission
1 day
Patent official, Patent attorney
A full, detailed audit is conducted based on open databases of registered trademarks and on applications submitted to FIIP.
As a result, all identical and similar to a given extent trademarks and applications with earlier priority are found, their owners are identified. The analysis is carried out as to the possibility of obtaining permits from owners of similar marks, of canceling them (fully or in some classes of International Classification of Goods and Services), or of the sign modification for the registration purposes.
Preparation of all necessary documents.
Selection of all necessary classes in ICGS.
Application registration using a digital signature or through the FIIP reception.
In accordance with paragraph 8 of Article 1492 of the Civil Code, the filing date is the date of receipt of all necessary documents from the FIIP list.
Receiving the application number (it will remain unchanged). The trademark priority date is determined by the day the application number receipt!
Patent official, Patent attorney
A full, detailed audit is conducted based on open databases of registered trademarks and on applications submitted to FIIP.
As a result, all identical and similar to a given extent trademarks and applications with earlier priority are found, their owners are identified. The analysis is carried out as to the possibility of obtaining permits from owners of similar marks, of canceling them (fully or in some classes of International Classification of Goods and Services), or of the sign modification for the registration purposes.
Preparation of all necessary documents.
Selection of all necessary classes in ICGS.
Application registration using a digital signature or through the FIIP reception.
In accordance with paragraph 8 of Article 1492 of the Civil Code, the filing date is the date of receipt of all necessary documents from the FIIP list.
Receiving the application number (it will remain unchanged). The trademark priority date is determined by the day the application number receipt!
4
Formal examination
up to 2 months
FIIP Expert
Documents compliance with Rospatent formal requirements is examined.
Based on the formal examination results, Rospatent makes a decision regarding the application acceptance for consideration and proceeds to the direct examination of the mark.
FIIP Expert
Documents compliance with Rospatent formal requirements is examined.
Based on the formal examination results, Rospatent makes a decision regarding the application acceptance for consideration and proceeds to the direct examination of the mark.
5
Substantive examination of the claimed mark
Up to 16 months
FIIP Expert
At this stage, ROSPATENT examines the possibility of the claimed mark registration as a trademark.
Please note that by law the maximum period for service mark examination is set for 12 months.
Based on the examination results, ROSPATENT makes a decision regarding the trademark registration and offers to pay the patent fee for issuing a Trademark (service mark) Certificate.
FIIP Expert
At this stage, ROSPATENT examines the possibility of the claimed mark registration as a trademark.
Please note that by law the maximum period for service mark examination is set for 12 months.
Based on the examination results, ROSPATENT makes a decision regarding the trademark registration and offers to pay the patent fee for issuing a Trademark (service mark) Certificate.
6
Receiving Trademark Certificate
Up to 2 months
ROSPATENT
At this stage, it is necessary to pay the patent fee for issuing a certificate.
Rospatent lists a trademark in the state register and issues a certificate verifying your exclusive right to a trademark (service mark).
ROSPATENT
At this stage, it is necessary to pay the patent fee for issuing a certificate.
Rospatent lists a trademark in the state register and issues a certificate verifying your exclusive right to a trademark (service mark).
Which objects can be registered as trademarks?
Places of origin of goods and services, regional brands, holograms etc. can be registered as trademarks.
- Logo:Any logo developed for the company and not similar to the certain extent to existing or filed application.
- Brand, Slogan:The full range of corporate identity elements may be subject to registration. Preferably it should be done not within single application.
Company slogan can be registered as trademark followed by its protection. - Domain:Domain registration as a trademark will grant you the exclusive right of using domains in all zones within the same classes.
- Company name,
Trade designationTrade designation can be registered as a trademark.
Both full and short company name can be registered as trademark.
NDA
NON-DISCLOSURE AGREEMENT
We understand how important it is for you to keep your inventions secret. Indicate your contact details in the cost calculator and we will provide you with the NDA.
Trademark registration cost:
Regular registration proceeding:
Search for similarities between the TM and registered marks and submitted applications (paid FIIP database) in Russia and abroad;
Preparation of a written conclusion regarding the possibility of designation registration as a trademark, filing a trademark registration application with ROSPATENT;
Record management related to application, including responses to substantive examination notifications of any degree of complexity.
Representation of your interests in the Chamber for Patent Disputes.
Further protection of the trademark from illegal use and third parties claims.
12 to 18 months
Streamlined registration proceeding:
Search for similarities between the TM and registered marks and submitted applications (paid FIIP database) in Russia and abroad across all ICGS classes;
Preparation of a written conclusion regarding the possibility of designation registration as a trademark, filing a trademark registration application with ROSPATENT;
Streamlined record management. Streamlining substantive examination (regular examination time of 12-16 months will be reduced to 1-1.5 months) Representation of your interests in the Chamber for Patent Disputes.
Further trademark protection from illegal use and claims of third parties in courts of general jurisdiction, arbitration courts and Intellectual Property Courts.
from 2 weeks to 2 months
Stamp Duty on the trademark registration:
Stamp Duties are established by the state and are the same for everyone except certain categories of citizens and legal entities.
Enquire the exact amount of duty from us on the day of contact.
The stamp duties are established in accordance with Decree of the Russian Federation Government No. 941of 10.12.2008
Enquire the exact amount of duty from us on the day of contact.
The stamp duties are established in accordance with Decree of the Russian Federation Government No. 941of 10.12.2008
Registration application submission
+ 1000 ₽ for every class (over 5) of International Classification of Goods and Services, for which registration is requested
3500 ₽
Conducting formal examination
+ 2500 for every class (over 1) of International Classification of Goods and Services, for which registration is requested
11 500 ₽
Trademark registration (substantive examination)
+ 1000 for every class (over 5) of International Classification of Goods and Services, for which registration is requested
16 000 ₽
Issuing trademark registration certificat
2000 ₽
Trademark registration time and cost calculation:
(Trademark, service mark)
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There is a certain procedure of the trademark registration.
First, the applicant prepares and submits an application to the Federal Institute of Industrial Property in paper form or by digital signature from the applicant's personal account.
There, the claimed designation (future trademark) undergoes inspection and examination procedures, the main purpose of which is to identify identical or similar to the degree of confusion trademarks and applications filed with ROSPATENT (FIPS) before the filing date of the application by the applicant.
This is a rather time- and labour-consuming process, which explains the average time of 12 months to obtain a trademark certificate.
In case of similarity of the claimed designation with other trademarks or designations with an earlier priority, the applicant may be refused registration of the trademark and the procedure may begin again, with the necessary modifications to the claimed designation.
Therefore, before filing an application with Rospatent, it is necessary to verify the authenticity of all trademark elements or their combination.
This verification procedure requires a significant resource of time, knowledge of laws and governing documents, and most importantly, experience in trademark registration, as frequently the understanding of ROSPATENT experts expertise and priorities is more important.
First, the applicant prepares and submits an application to the Federal Institute of Industrial Property in paper form or by digital signature from the applicant's personal account.
There, the claimed designation (future trademark) undergoes inspection and examination procedures, the main purpose of which is to identify identical or similar to the degree of confusion trademarks and applications filed with ROSPATENT (FIPS) before the filing date of the application by the applicant.
This is a rather time- and labour-consuming process, which explains the average time of 12 months to obtain a trademark certificate.
In case of similarity of the claimed designation with other trademarks or designations with an earlier priority, the applicant may be refused registration of the trademark and the procedure may begin again, with the necessary modifications to the claimed designation.
Therefore, before filing an application with Rospatent, it is necessary to verify the authenticity of all trademark elements or their combination.
This verification procedure requires a significant resource of time, knowledge of laws and governing documents, and most importantly, experience in trademark registration, as frequently the understanding of ROSPATENT experts expertise and priorities is more important.
In order to minimize the risks of refusal, it is necessary to conduct search procedures and, if necessary, modify the claimed designation (trademark) even before the application filing.
If the claimed trade designation has been used in civil circulation for a long time and by the time of application filing has already obtained distinctive ability in the informed buyer's opinion, i.e. the modifications to the claimed designation are highly undesirable, a trademark registration (patenting) strategy should be developed.
As a rule, the patent office with experienced patent attorneys in the trademarks and service marks field is appointed to develop a registration (patenting) strategy.
If the claimed trade designation has been used in civil circulation for a long time and by the time of application filing has already obtained distinctive ability in the informed buyer's opinion, i.e. the modifications to the claimed designation are highly undesirable, a trademark registration (patenting) strategy should be developed.
As a rule, the patent office with experienced patent attorneys in the trademarks and service marks field is appointed to develop a registration (patenting) strategy.
Unfortunately, there is always such a possibility, according to statistics, up to 60% of the claimed designations (trademarks) are refused in registration.
If after all the exchange of letters and arguing the decision with the FIIP expert, the applicant receives the refusal to register the trademark and you consider it unreasonable, it is necessary to dispute the FIIP expert decision in the Chamber of Patent Disputes. The dispute in the Chamber of Patent Disputes does not always lead to the ROSPATENT's adoption of the applicant's side, since the same FIIP experts are considering cases in the Chamber of Patent Disputes. The next step then is to appeal to the Intellectual Property Court.
The more detailed description is here.
If after all the exchange of letters and arguing the decision with the FIIP expert, the applicant receives the refusal to register the trademark and you consider it unreasonable, it is necessary to dispute the FIIP expert decision in the Chamber of Patent Disputes. The dispute in the Chamber of Patent Disputes does not always lead to the ROSPATENT's adoption of the applicant's side, since the same FIIP experts are considering cases in the Chamber of Patent Disputes. The next step then is to appeal to the Intellectual Property Court.
The more detailed description is here.
Confirmation of the right to be called a patent office
Availability of in-house patent attorney for trademarks and service marks
Availability of a registered trademarks portfolio (pay attention to complex and well-known trademarks...)
Pay attention to the pricing policy of the company:
- Too cheap options are most likely to be offered by companies that do not take responsibility for the registration process, do not communicate with ROSPATENT or charge experts' responses in a separate price list, and submit your application "as is", that is, without an expert search.
- Too expensive options are usually due to the "brand status" or involvement of foreign representatives (the cost of such services abroad is usually several times higher)
Since intellectual property institute of law is developing dynamically, it may be wise to ask a specialist potentially responsible for your project, to present additional training certificates.
The contract between you and the patent office should clearly state all the obligations of the contractor to work on your trademark registration application and bring it to the trademark certificate issuance.
Availability of a portfolio and the ability to file international applications - since it is possible that during the designation registration as a trademark you may need to expand it to foreign countries and it would be only natural to do this with one agency.
Availability of in-house patent attorney for trademarks and service marks
Availability of a registered trademarks portfolio (pay attention to complex and well-known trademarks...)
Pay attention to the pricing policy of the company:
- Too cheap options are most likely to be offered by companies that do not take responsibility for the registration process, do not communicate with ROSPATENT or charge experts' responses in a separate price list, and submit your application "as is", that is, without an expert search.
- Too expensive options are usually due to the "brand status" or involvement of foreign representatives (the cost of such services abroad is usually several times higher)
Since intellectual property institute of law is developing dynamically, it may be wise to ask a specialist potentially responsible for your project, to present additional training certificates.
The contract between you and the patent office should clearly state all the obligations of the contractor to work on your trademark registration application and bring it to the trademark certificate issuance.
Availability of a portfolio and the ability to file international applications - since it is possible that during the designation registration as a trademark you may need to expand it to foreign countries and it would be only natural to do this with one agency.
Key types of Agreements in the area of development, use and management of trademarks:
License Agreement
The exclusive rights under this Agreement may be transferred fully or partially.
Alienation Agreement
All exclusive rights for intellectual property object are alienated under this type of agreement.
Franchise agreement
Under this type of agreement, a complex of exclusive rights for intellectual property is transferred, in particular for a trade designation, a production secret (know-how) ...
Non Disclosure Agreement (NDA)
We understand how important it is to you to keep your inventions in secret. Download the NDA filled out and sign on our part straight from the site.
Pledge agreement
Under the agreement, the right may be pledged for the exclusive right of intellectual activity results or means of individualization.
Commissioning agreement
Under this type of agreement, one party of the agreement one of the parties undertakes, by order of the other party, to develop the specified work on a tangible medium or in another form.
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