-
Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 12 months, if no objections or oppositions arise.
-
If I register my trademark in the Russian Federation, do I have protection in other territories?
No. Russian Federation is the territorial limit of protection.
-
Do I need to sign a Power of Attorney?
Yes. Applicants are required to submit a signed power of attorney to complete the application.
-
Are there any benefits from a pre-filing use of the trademark?
Pre-filing use is beneficial only in cases where the mark is basically non-distinctive. The applicant may use it to exhibit the mark’s distinctive qualities and to deal with challenges based on non-distinctiveness.
-
Will there be problems in case I don’t use my trademark after registration?
Yes. A third party may attack the registered mark on the ground of non-use which will inevitably result to a cancelled registration.
-
What are the types of trademark that can be registered in the Russian Federation?
Applicants may register any mark or sign that can graphically be reproduced and can make the good or service distinguishable from others.
- Names
- Words
- Motion
- Devices
- Sounds
- Holograms
- Colors
- Slogans
- Shapes with 3 dimensions
-
What are the phases of application after a trademark has been filed in the Russian Federation?
These are the phases of trademark application:
-
Publication – The application details will be published in print and online. Making the following information available to everyone allows interested parties to oppose.
- Mark
- Goods/services
- Applicant’s name
- Applicant’s address
- Date of application
- Number of application
- Information about priority claim
- Trademark representation
-
Examination – Trademark authorities will examine the application and make sure that it is compliant with all the requirements in terms of: classification, formalities, deceptiveness, clarity, descriptiveness, distinctiveness, and possible conflicts with other registrations.
-
Registration – Provided there is no ground for rejection and oppositions have been successfully overcome, the issuance of registration will be the next step.
-
What type of trademark is non-registrable?
The following marks/signs are banned by law:
- Marks that are in conflict with moral principles or a threat to public order
- Marks that can be used primarily as a name of a geographic location
- Marks without distinctive qualities
- Marks that are generic or have a general meaning
- Marks that feature a flag, symbol or name of a nation/region/state or an international organization
-
Does the Russian Federation use the "Nice Classification" system?
Yes. The Russian Federation uses the Nice Classification. Multiple applications are not necessary to cover several classes of goods / services. Just one application would suffice.
-
Is there any possibility to claim priority in the Russian Federation?
Yes. The home application date can be considered as the filing date in the Russian Federation if:
- The home country is a Paris Convention signatory
- The home application was filed not exceeding 6 months prior to the filing of application in the Russian Federation
-
What do I need to do to satisfy the use requirement?
Use the mark within 3 years from the date of its registration. It must be used commercially and must occur in the Russian Federation.
-
Once my trademark has been registered, for how many years will be valid?
Registered marks in the Russian Federation have an initial validity of 10 years starting from the application date.
-
What will be the renewal date of my trademark?
To know when you should first renew your trademark, count 10 years from the date when you filed for application.
-
Is it legal to use my trademark even if it is not yet registered?
Yes. It is legal to use unregistered marks.