19 DEC 2016

Russia: Important Changes in Trademark Registration Procedure are Expected

Russian Federal Service for Intellectual Property (Rospatent) has reported on its intention to reduce Trademark registration period to 6 months. Such amendment should really make a difference, considering that current registration term in Russia is about 18 months from the moment of application filing. The term cutting down is to be caused by introduction of opposition procedure, which now is in common practice in Germany, Poland, the Czech Republic.

Noteworthy, Rospatent has already been working on reduction of trademark registration terms for a long time. Because of its efforts, an examination in Russia takes in average 12 months, and the full term for receiving a certificate comes to 16 months (in case correspondence was not conducted). For Rospatent, which receives a huge number of TM applications, the achieved time level is definitely a big success. However, for the dynamic business environment, the term is long, and makes a benefit for competitors, who still have a plenty of time to register a similar trademark.

That is why implementation of opposition procedure is considered as a necessity. Bringing TM registration in Russia closer to the EU practice lies not only in terms’ reduction, but also in opportunity to prevent registration of trademark in case of infringement.

After introduced procedure enters into force:
  • information about submitted application for TM and the results of the examination are to be published before the adoption of final decision;
  • the examination will be conducted only on absolute grounds (such grounds are specified in Article 1483 of the Civil Code of the Russian Federation);
  • after publication of its results, any interested party may object to such registration by sending a request to the Rospatent.

    In case no objections were filed, the time period of trademark registration will be in average 6 months, which much shorter, comparing with the existing terms.