International registration of an industrial design under the Hague System
Filing an international application under the Hague Agreement procedure allows obtaining legal protection for the appearance of a product in all contracting states, currently numbering 96, including the Russian Federation, European countries, China, the USA, and many others. The term of legal protection for an industrial design is established by the national legislation of each contracting state and ranges from 15 to 25 years, requiring payment of corresponding fees every 5 years to maintain protection in the territories relevant to the rights holder.
Within a single application, up to 100 design variants can be filed; the sole condition is that they must belong to the same Locarno class (Locarno Classification).
Any person registered or permanently residing in a contracting state of the Hague Agreement or having an industrial or commercial establishment in one of the contracting states may file an application.
DESIGN PROTECTION HAS A TERRITORIAL PRINCIPLE, MEANING IT IS PROTECTED ONLY IN THE COUNTRY WHERE IT IS REGISTERED. THEREFORE, IF YOUR COMMERCIAL ACTIVITIES EXTEND BEYOND THE RUSSIAN MARKET, IT BECOMES NECESSARY TO PROTECT EXCLUSIVE RIGHTS AND REGISTER THE DESIGN ABROAD.
- An application for industrial design registration under the Hague System can be filed based on a filed national (e.g., Russian) industrial design application, claiming priority within 6 months from its filing date, OR filed directly with WIPO without an initial priority application, designating any interested states party to the agreement.
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We note that the application is examined by the office of each designated country according to its national legislation. For example, Russia and China enforce the rule of unity of all variants claimed within one application.
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Registration of the industrial design is carried out by filing a single international application and paying one set of fees.
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Filing an application for industrial design registration allows seeking protection in more than 90 countries worldwide.
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Simplified system for subsequent "maintenance" of the registration by filing a single request for changes, renewal, or assignment of rights for all or part of the designated countries.
- Preparation of the application for international design registration based on provided drawings/photos clearly showing the entire product and its features; payment of official WIPO fees; electronic filing of the application with WIPO;
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Notification of the client about registration and assignment of the registration number; forwarding incoming WIPO notifications regarding the international industrial design registration to the client;
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Notification of the client about received provisional refusals and decisions from national offices regarding the international registration.
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If queries concerning the international registration are received from national offices, the cost of responding will be agreed with you. This cost will include the fee of the patent attorney in the respective country and will depend on the examination arguments.
Scope of services provided:
A Eurasian application may include up to 100 industrial designs belonging to the same Locarno class; each design may be represented by a set of different views of the article, not exceeding 7 images.
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The fee for filing one industrial design is 30,000 RUB; for each subsequent design (from the 2nd to the 10th) – 15,000 RUB; for each design starting from the 11th – 7,500 RUB. |
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To grant legal protection to an industrial design, it must meet the patentability requirements established by the Patent Regulations to the Eurasian Patent Convention (Part II). Additionally, any interested party may file an opposition against the grant of a Eurasian industrial design patent within two months from the date of publication of the corresponding application. |
allows obtaining protection in the following member states of the Eurasian Patent Organization through a single procedure and application processing:
Azerbaijan, Kyrgyzstan, Armenia, Kazakhstan, Tajikistan, Russian Federation
it must meet the patentability requirements established by the Patent Regulations to the Eurasian Patent Convention (Part II). Additionally, any interested party may file an opposition against the grant of a Eurasian industrial design patent within two months from the date of publication of the corresponding application.
The term of legal protection for an industrial design is 5 years from the filing date of the application, with the possibility of subsequent extension up to 25 years, paying the corresponding fee every 5 years.
As of March 2024, the renewal fee amounts are as follows:
8,000 RUB for the first renewal period;
10,000 RUB for the second renewal period;
14,000 RUB for the third renewal period;
18,000 RUB for the fourth renewal period.
The fee is paid for each industrial design protected by the patent.
it must meet the patentability requirements established by the Patent Regulations to the Eurasian Patent Convention (Part II). Additionally, any interested party may file an opposition against the grant of a Eurasian industrial design patent within two months from the date of publication of the corresponding application.
The term of legal protection for an industrial design is 5 years from the filing date of the application, with the possibility of subsequent extension up to 25 years, paying the corresponding fee every 5 years.
As of March 2024, the renewal fee amounts are as follows:
8,000 RUB for the first renewal period;
10,000 RUB for the second renewal period;
14,000 RUB for the third renewal period;
18,000 RUB for the fourth renewal period
The fee is paid for each industrial design protected by the patent.
The choice of registration procedure by each applicant is based on many factors, which may be more significant for some and less so for others. Before making a choice, the applicant needs to answer several questions, including:
- Is there a basic Russian application or registration?
- Is there a risk of refusal of the trademark application in Russia or a risk of challenging the trademark registration on which the international application or Russian registration will be based (risk of consequences from the dependence of the international registration on the basic Russian application or trademark registration)?
- In which territory is legal protection needed now, and is expansion into other countries planned?
If a country is not a member of the Madrid Agreement and its Protocol, the only option for obtaining trademark protection on its territory is to file an application with the national patent office or seek regional protection if the country is a member of a regional union.
The specialists and patent attorneys of Patent Agency "Ermakova, Stolyarova and Partners" are ready to provide professional assistance and support on all matters related to the international registration of trademarks.
We also provide legal support for transactions involving the further disposal of rights to trademarks. Additionally, we will be glad to provide services for protecting exclusive rights to trademarks throughout their validity period against attempts at cancellation by third parties and unauthorized use.