Trademark Registration
A trademark is a sign capable of distinguishing your goods or services from those of others.
Our IP law firm offers a full range of trademark services worldwide.
Our IP law firm offers a full range of trademark services worldwide.
SUBMIT AN APPLICATION
If you run your own business, it might be a good time for you to think over registration of your trademark. By having a trademark registered, you gain exclusive rights to use the mark throughout the territory of the Russian Federation. And if you apply for International trademark registration, the exclusive rights will be granted to you in the respective countries.
Benefits of a registered trademark
You will be able to prevent others from using your trademark. This means that if other legal entities or individuals use an identical or confusingly similar mark, you will be able to enforce your legal rights through the instruments of civil, criminal and administrative law.
You can be sure that no one will prohibit you from using it.
You will be able to provide licenses for its use for a fee, and enter into franchise agreements.
You can make it a subject-matter of collateral if necessary.
You will be capable of assigning it to an interested party.
6 Legal Aspects of Trademark Registration
Types of Trademarks
A trademark can relate to any kind of designation capable of individualizing your business.
Word Marks
examples: OZON, PYATEROCHKA, MEGAFON
examples: OZON, PYATEROCHKA, MEGAFON
Device Marks
examples: logos of Nike, Apple, MTS
examples: logos of Nike, Apple, MTS
Combination Marks
examples: logos of SberBank, Sportmaster, Wildberries
examples: logos of SberBank, Sportmaster, Wildberries
Shape Marks
Sound Marks
Motion Marks
Position Marks
Flashing marks
Color Marks
Hologram Marks
Other designations or their combinations
Trademark Compliance with Legal Requirements
There are some legal restrictions that determine whether your trademark meets the established requirements or not.
Your trademark cannot be:
Your trademark cannot be:
Devoid of distinctive character, e.g., consisting only of consonants or numbers, for example, "TN12".
Descriptive, i.e., merely naming the products/services your company offers, e.g., "milk" for a dairy plant.
Misleading, e.g., a geographical name you have no connection with.
A three-dimensional object whose shape is solely determined by its function, e.g., a standard bottle shape.
Generic, i.e., a designation that has become the common name for an entire class of products or services, e.g., cellophane, thermos, lanolin, vaseline, etc.
Incorporating or imitating official symbols, such as national flags
Contrary to public interests, principles of humanity and morality, e.g., offensive to religious feelings.
Using content with copyrightable works owned by other persons, e.g., an image of a character from a computer game.
A designation intensively used by a third party without trademark registration.
Preliminary Trademark Search (Clearance or Similarity Search)
If you have already developed a trademark, you will need to assess whether you have accidentally created something that infringes another person's IP rights or not.
You can do this by conducting a preliminary trademark search over the Russian Patent Office's (Rospatent) database, launching a search by a keyword, phrase, or image, or by using the services of competent patent attorneys.
Using this tool, you can proceed with registration if the search does not reveal identical or confusingly similar designations that would hinder the registration of your mark. This is an important resource for all companies wishing to register a trademark, since it provides, so to say, a forecast of the trademark's registrability before filing an application.
When assessing similarity during the search, you must take into account that a designation is deemed confusingly similar to another one if it can be associated therewith as a whole, despite some particular distinctions.
Similarity of word marks can be phonetic (sound), graphic (visual), and conceptual (semantic).
Examples of Phonetic Similarity:
- Sound identity: Peydzhgerkom – Pagercom, Kris - Criss
- Sound identity of the initial parts of words and similarity of the endings: Megalong - Megalomk
- Sound similarity of initial parts of words and identity of the endings: Aton – Eaton, Dalso – Delso
- Sound identity of the initial parts and endings with similarity of the middle parts: Almonofen - Almunafen
- Sound identity of the middle parts and similarity of the initial parts and endings: Aribolt - Oribold
- Phonetic inclusion of one mark into another: Alfa – Alfabank, Diamant - Abi Diamant
- Sound identity: Peydzhgerkom – Pagercom, Kris - Criss
- Sound identity of the initial parts of words and similarity of the endings: Megalong - Megalomk
- Sound similarity of initial parts of words and identity of the endings: Aton – Eaton, Dalso – Delso
- Sound identity of the initial parts and endings with similarity of the middle parts: Almonofen - Almunafen
- Sound identity of the middle parts and similarity of the initial parts and endings: Aribolt - Oribold
- Phonetic inclusion of one mark into another: Alfa – Alfabank, Diamant - Abi Diamant
Graphic Similarity is determined based on:
- General visual impression;
- Type of font;
- Graphic spelling, considering the nature of the letters (e.g., printed or handwritten, uppercase or lowercase);
- Arrangement of letters relative to each other;
- Alphabet used;
- Color or color combination.
- General visual impression;
- Type of font;
- Graphic spelling, considering the nature of the letters (e.g., printed or handwritten, uppercase or lowercase);
- Arrangement of letters relative to each other;
- Alphabet used;
- Color or color combination.
Conceptual Similarity is determined based on:
- Similarity of the concepts and ideas embedded in the designations (e.g., Russkiy negotsiant - Rossiyskiy negotsiant; including coincidence of meanings in different languages: Amour - Amor (love));
- Coincidence of one of the elements, which carry logical stress and have independent meaningы (e.g., Marquise de Pompadour - маркиза де Помпадур);
- Contradictions in the concepts and ideas embedded in the designations (e.g., Nash pokoy - Vash pokoy).
- Similarity of the concepts and ideas embedded in the designations (e.g., Russkiy negotsiant - Rossiyskiy negotsiant; including coincidence of meanings in different languages: Amour - Amor (love));
- Coincidence of one of the elements, which carry logical stress and have independent meaningы (e.g., Marquise de Pompadour - маркиза де Помпадур);
- Contradictions in the concepts and ideas embedded in the designations (e.g., Nash pokoy - Vash pokoy).
Trademark for Future Business Development
A trademark is registered in Russia for a period of 10 years.
Close to the expiration of the 10-year term, a trademark can be renewed. Therefore, you need to make sure that the trademark, regardless of its type, will be capable of representing your business for at least 10 years.
It is necessary to choose a trademark and a list of goods and services that will correspond to your current and future products or services. However, when applying for registration, you need to consider the prospects for business development and expansion.
Perception of the trademark in other countries: If your business has the potential or you have already been making business abroad, some trademarks could be more successful than others in supporting a uniform image across different countries and cultures.
Cost and Registration Timeframe
The cost of registration procedure starts from 27,000 rubles, depending on complexity of the contemplated registration.
Straightforward or difficult situation must be taken into account in advance because if your first application is rejected, the costs may increase many times if you have to file multiple applications. In this regard, it is necessary to note that IP companies that promise money back in case of trademark registration failure often conceal the fact that the official fees are non-refundable.
Regarding the timeframe, examination of trademark applications lasts approximately 6 to 9 months.
If timing is critical for your business, you should know that there is an accelerated trademark registration procedure that lasts only 2 months.
If timing is critical for your business, you should know that there is an accelerated trademark registration procedure that lasts only 2 months.
Use of a Registered Trademark
A trademark can be placed:
- On goods, labels, packaging of goods that are produced, offered for sale, sold, displayed at exhibitions and fairs, or otherwise introduced into commerce in the Russian Federation, or stored or transported for this purpose, or imported into the territory of the Russian Federation;
- On documents pertaining to the commercialization of goods;
- In offers for sales, as well as in advertisement, on signboards, and in all advertising matter;
- In the Internet, including domain names and with other linking means.
- On goods, labels, packaging of goods that are produced, offered for sale, sold, displayed at exhibitions and fairs, or otherwise introduced into commerce in the Russian Federation, or stored or transported for this purpose, or imported into the territory of the Russian Federation;
- On documents pertaining to the commercialization of goods;
- In offers for sales, as well as in advertisement, on signboards, and in all advertising matter;
- In the Internet, including domain names and with other linking means.
Key Recommendations:
- Ensure that your mark is distinct from others;
- Avoid designations that fall under the legal restrictions;
- Conduct a trademark search to ensure an identical or similar trademark has not already registered in the area of your goods and services, and also conduct an Internet search to ensure your chosen name is not actively used by third parties;
- Think about future development of your business;
- Pay attention to the cost and timeframe of the whole procedure.
- Ensure that your mark is distinct from others;
- Avoid designations that fall under the legal restrictions;
- Conduct a trademark search to ensure an identical or similar trademark has not already registered in the area of your goods and services, and also conduct an Internet search to ensure your chosen name is not actively used by third parties;
- Think about future development of your business;
- Pay attention to the cost and timeframe of the whole procedure.
How much does it cost in Russia?
The Cost of Standard and Accelerated Trademark Registration in Russia
The cost of trademark registration services, including accelerated registration, the registration period, list of goods and services according to the International (Nice) classification, the cost of each service stage, including the Agency's professional fees and the official fees, as well as the list of necessary documents for registration, are to be determined when entering into a Trademark (Logo) Registration Agreement.
ESP IP law firm offers its fee schedule tailored to your particular needs and the scope of activity aimed at the best trademark protection.
Our firm provides a full range of trademark registration services. We follow the established procedure guaranteeing successful legal protection.
The strict requirements as to the form of documents submission and content thereof are stipulated by the legal acts. Online interaction with clients is available, including communication via the website. Once the trademark registration procedure is completed, the Trademark Certificate is issued, and the trademark is recorded in the Rospatent official register.
We provide an effective system of calculating and tracking the trademark renewal deadlines.
Price in Moscow for Accelerated Trademark Registration
The price for accelerated registration in Moscow depends on the number of selected International (Nice) classes of goods and services and the characteristics of the designation. Clearance trademark search tool is available online at the Rospatent official website. This step allows you to assess the prospects for success in advance and minimize the risks of refusal at key stages of the procedure.
All-Inclusive Registration Service Cost for a Company or Organization
The cost of trademark registration for a company depends on the type of designation being claimed (logo, word or other brand elements). Protection of the legal entity’s rights is particularly important in the aspect of dealing with major marketplaces like Wildberries and Ozon, where a correctly registered trademark is a key condition for successful business operation. The final price is calculated after analyzing all the peculiarities of your brand and the required actions for a “turnkey” registration.
Cost of Registering a Collective Trademark
A collective mark is a trademark intended to designate goods produced or sold by members of an association, possessing uniform quality characteristics or other common features. Examples of collective trademarks in Russia:
"Prima". Owned by the Association of Tobacco Product Manufacturers "Tabakprom".
"Borjomi". Logo of the non-commercial association for the production and sale of mineral water.
"Georgian Glass and Mineral Waters".
"United Confectioners". A well-known brand encompassing major factories like "Krasny Oktyabr", "Babayevsky Confectionery Concern", "Rot Front".
"Kamaz". Logo of the "KAMAZ" group of companies - a major automotive corporation in Russia.
In the Russian Federation, the right to a collective trademark was introduced by the Article 7.bis of the Paris Convention for the Protection of Industrial Property, ratified by the USSR in 1965. Registration of a collective trademark requires a special approach, as it implies protection of a common designation for a group of manufacturers or companies. Registration of a collective mark in Russia, according to the rules, cannot be obtained in the name of an individual, but exclusively in the name of an association of legal entities and/or individuals, i.e. an Association. The process, registration period, payment procedure and term of protection are similar to the registration of individual trademarks. The cost depends on the number of selected classes of goods/services and the scope of work. A special attribute of collective trademarks is the compliance of all the co-owners with a common quality standard for the trademarked goods.
Trademark Registration Service
If you need advice or help with registration of your company's trademarks, our experienced patent attorneys and IP lawyers can assist you. The quality of our services is confirmed by positive feedback from our clients who have passed through the registration procedure with us. We will calculate the exact cost for you and will prepare all the necessary documents.
We enter into a contract with you, specifying the price for each stage of services, including the patent attorney's charge, official fee and, if necessary, Rospatent services fees.
We minimize the time for preparing application materials
We also inform our clients on the procedure, conditions and costs. We can prepare an order template for a client and provide a sample application form for state registration of a trademark, for client’s review.
We offer not only the trademarks registration services but also full legal support for transactions involving their use.
Furthermore, we ensure the legal protection of trademarks throughout the entire period of their validity against attempts of cancellation by third parties and enforcement against unauthorized use.
Furthermore, we ensure the legal protection of trademarks throughout the entire period of their validity against attempts of cancellation by third parties and enforcement against unauthorized use.