Услуги

назад в УСЛУГИTrademarks

Our company provides assistance in the following fields:
- registration of trademarks in Russia and abroad (including on the Madrid system);
- conducting trademarks searches;
handling cases relating to trademarks in the Chamber for Patent Disputes of Rospatent, arbitration courts, the Federal Antimonopoly Service;
- registration of assignments and license agreements on trademarks.

To file application for registration of a trademark we need the following information:
- name and address of the applicant;
- a list of goods and/or services the trademark intends to be used for;
- representation of the trademark (preferably, in graphic formats - JPG, CDR etc.).

To register an assignment on a trademark, three originals of the assignment shall be executed. A bilingual form for the assignment can be found here .

A Power of Attorney form can be found here.

Trademarks are protected in the Russian Federation in accordance with part IV of the Russian Civil Code, as in force from 1 January 2008.

Legal protection of a trademark of a trademark is provided on the ground of official registration.
Verbal marks, device marks, verbal & device marks as well as three-dimensional, audio, light mark can be registered as trademarks.
A trademark can be registered in any color of combination of colors.

The following marks cannot be registered as trademarks:
- consisting solely of signs that are commonly used as designation of goods of a particular type;
- that are symbols or terms in common use;
- characterizing goods, namely indicating the type, quality, quantity, property, purpose, value of the goods as well as the place, time and the method of their manufacture of sale;
- that are the shape of a good that is determined mainly by the nature or purpose of the good;
- constituting armorial bearings, flags or other state emblems;
- consisting names of international intergovernmental orgainzations;
- that are false of liable to mislead a consumer as to the goods or its manufacturer;
- that are contrary to the public interest, humanitarian principles or morality;
- that are similar to names and images of extra important of objects of culture heritage;
- that are identical to works of art, science or literature as well as to a personage or citation from such works, if a corresponding consent is not obtained from the owner of a copyright;
- that are identical to the name, pseudonym or portrait of a person who is famous in Russia, if a corresponding consent is not obtained from the person or a heir of the person;
- that are identical to a domain name.

A conditional basis for refusing registration of a trademark is the presence of the earlier trademark registered of claimed for registration in the name of another person in relation to similar goods and/or services.
A ground for cancellation of a trademark is identity or similarity of a trademark to a firm name, commercial name or industrial design, if the rights to them have appeared earlier than a priority of the trademark.
Registration of a trademark is valid for ten years, beginning from the filing date of the application. The term of validity of a trademark can be renewed for each next ten year period.

Infringement of the rights of a trademark owner is deemed to be the unsanctioned arrangement of the trademark
- on goods including labels, packages of goods which are offered for sale, are on sale, are demonstrated at exhibitions and fairs or are introduced into the Russian marketing in other ways, or are stored or transported therefore, or are imported in the Russian Federation;
- on documents relating to introduction of goods into marketing;
- in offers for sale, for operating, for rendering services as well as in announcements, signboards and advertisements;
- in the Internet, including in domain names.