What we need to know about Registration of Trademarks in Russian Federation?
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Russian Federation is a member of World Intellectual Property Declaration, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Convention establishing the World Intellectual Property Organization, Paris Convention, Trademark Law Treaty, Singapore Treaty, Madrid Agreement, Madrid Protocol and Nice Agreement.
The Applicant of a trademark can be legal entity and natural person-that is entrepreneur.
You can file a trademark: verbal, device, three-dimension, other symbols and combinations of them. A trademark can be registered in any color or color combination.
The necessary information for registration of trademark:
- Name and address of the applicant;
- The image of trademark;
- Description of trademark;
- List of goods/services;
- Representation of trademark;
- Power of attorney (simply signed, non legalization).
The process of registration of trademark includes:
- The filing an application;
- Formal examination;
- Substantive examination;
COMMON GROUNDS FOR REFUSAL OF REGISTRATION
Absolute grounds for refusal of registration:
- The trademarks are commonplace to refer to a certain type of goods;
- The trademarks contain generic terms, symbols;
- The trademarks characterize products, including any indication of their type, quality, quantity, character, intended purpose , value, and also time, place, method of production or distribution;
- The trademarks represent the shape of goods which is determined by character or purpose of the goods;
- The trademarks contain names, flags or symbols of states, nations, regions, or of international organizations;
- The trademarks are false concerning the consumer about the product or its manufacturer;
- The trademarks contrary to moral standards or public order;
- The trademarks which are similar or in near resemblance to the official name and images of the most valuable objects of cultural heritage of the citizens of the Russian Federation or of the world cultural and natural heritage, the images of cultural values which are stored in collections, and funds.
Other grounds for refusal of registration:
- The trademarks for the same list of goods of other persons which are recognized as well known in Russia Federation.
- The trademarks which are similar to the earlier filed or registered marks;
- The trademarks which are in near resemblance to the registered mark;
- The trademarks which contain the industrial design of other person;
- The trademarks which contain company name or part of it which is famous in Russia;
- The trademarks which contain the protected objects of copyright without the consent of that person or his heir;
- The trademarks which contain the surname, name, pseudonym (pen-name) or derivative of them and facsimiles of the famous portrait of person without the consent of that person or his heir.
The terms of trademark registration is 12-18 months.
Read more about TM registration in Russia here
For any further information, please contact our experts.