loader image

Trademark oppositions

The Russian legislation offers procedures for acting against both pending and registered trademarks, grant of protection to which would violate legal requirements. Pending applications are contested via third-party observations in order to prevent them from maturing into trademark registrations, while registered trademarks can be invalidated through oppositions filed against them on one of several bases stipulated by law from similarity with prior trademarks to unfair registrations.

Attorneys

Any interested party conducting proper monitoring can file third-party observations against pending applications before their examination is completed. The bases include similarity to prior trademarks, copyright, company name or industrial design, misleading nature of the filed mark, lack of its distinctive capacity and other grounds.

 

An opposition is filed to contest already registered registrations on the same bases as pending applications. In addition, trademarks registered in the name of agents (distributors, local branches etc.) and unfairly registered trademarks can be attacked. The deadlines vary depending on the basis.

 

PATENTICA handles both third party observations and oppositions, provides a deep analysis and risk assessment before acting against potentially dangerous for client’s business trademarks and offer alternatives, where applicable, such as forwarding limitation requests, CDLs and reaching co-existence agreements.

Documents / Information we need

PCT application entering into National Phase:

  • PCT application number;
  • Names and addresses of applicant(s) and inventor(s) (unless the application is published);
  • Description, claims, abstract, and drawings (unless the application is published);
  • Power of Attorney executed by the applicant;
  • Amendments made after the international publication (if any);
  • Amendments to be made during the National Entry;

National applications:

  • Names and addresses of applicant(s) and inventor(s);
  • Certified copy of priority application(s) (when priority is claimed)
  • Power of Attorney executed by the applicant;
  • Description, claims, abstract, and drawings;

Make an order