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Provisional refusals

The Madrid system is by far the most popular way to extend trademark protection to the Russian Federation. When an international registration designating Russia faces a provisional refusal, the applicant should hire a Russian trademark attorney, and PATENTICA is happy to offer our professional advice and service to ensure grant of protection.

Attorneys

International registrations designating Russia undergo substantive examination on both absolute and relative grounds conducted by Rospatent. Pending trademarks can be rejected on various bases such as similarity to prior trademarks, misleading nature, vague terms in the lists of claimed goods/services, lack of distinctive capacity and other grounds for refusal stipulated by the Russian Civil Code.

 

At PATENTICA we analyze refusals, assess chances and offer balanced strategies for responding to the refusal in a way ensuring the shortest path to the decision to grant of protection on the territory of Russia.

 

If the term to handle a provisional refusal (6 months) has already expired or in case the response has not been effective, it is not the reason to give up: final refusals can be appealed in the Rospatent division – the Chamber for Patent Disputes, and PATENTICA will be here to help.

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;

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