Trademarks: Russia

General Information

International Agreements : The Paris Convention for the Protection of Industrial Property, The Madrid Agreement Concerning the International Registration of Marks, The Protocol to the 
Madrid Agreement Concerning the International Registration of Marks; The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, The Nairobi Treaty on the Protection of the Olympic Symbol, The Trademark Law Treaty (TLT).

Classification : Nice Classification (8th Edition); Multi-Class Filings.

What is Registrable : word, figurative, three-dimensional, or other signs or their combinations may be registered as trademarks; also, a trademark may be registered in any color or combination of colors.

Priority under Paris Convention : Yes

Examination : Yes - Formal examination and examination of the claimed designation.
Publication : Yes - After registration
Opposition : Yes - After publication
Time Frame for Registration : 1-1.5 Years
Registration Term : 10 Years from filing date
Renewal Term : 10 Years

Grace Period for Renewals : 6 months grace period during which the registrant must pay the Official renewal fees as well as appropriate fine. After expiration of 6 months grace period there is no restoration measure and legal protection of a trademark is terminated.

Use Requirement for filing : None

Cancellation : Trademark can be challenged based on non-use for any 3 three years after its registration.

Marking Requirements : Marking is Optional.

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? No

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney (This document should be signed by the authorized person with 
    indication of his name and position on the firm. The date and place of the signature 
    should be indicated as well. Neither notarization nor legalization is required). 
  2. Applicant's name, domicile or address.
  3. List of goods or services.
  4. 15 black & white typographic prints or photographs of the mark for black & white 
    trademark and 15 color prints or photographs and 8 black & white prints for trademark 
    in color (8 x 8 cm. or 8 x 10 cm. in size). 

Renewal of Trademark/Service Mark Requirements

  1. Renewal fee.
  2. Power of Attorney (This document should be signed by the authorized person with 
    indication of his name and position on the firm. The date and place of the signature 
    should be indicated as well. Neither notarization nor legalization is required).

Assignment Recordal Requirements

  1. Power of Attorney (This document should be signed by the authorized person with 
    indication of his name and position on the firm. The date and place of the signature 
    should be indicated as well. Neither notarization nor legalization is required). 
  2. Assignment Deed (Notarized).

An exclusive right to a trademark in respect of all or some goods for which it has been registered may be assigned by the right holder to a legal entity or a natural person under a contract on the transfer of an exclusive right to a trademark (contract on the assignment of a trademark). Assignment of a trademark shall not be allowed if it may lead to confusion of consumers with regard to goods or their manufacturer. Contract on assignment of a trademark shall be registered with the Russian Patent Office. Without such registration they shall be deemed invalid.

License Recordal Requirements

  1. Power of Attorney (This document should be signed by the authorized person with 
    indication of his name and position on the firm. The date and place of the signature 
    should be indicated as well. Neither notarization nor legalization is required). 
  2. License document (Notarized).

The right to use a trademark may be granted by a right holder (licensor) to another legal entity or a natural person (licensee) under a license contract in respect of all or a part of goods for which it has been registered. A license contract shall set forth a provision to the effect that quality of licensee's goods shall not be inferior to those of the licensor and that the licensor should exercise control over compliance with this provision. License contract shall be registered with the Russian Patent Office. Without such registration they shall be deemed invalid.

Change of Name/Address Requirements

  1. Power of Attorney (This document should be signed by the authorized person with 
    indication of his name and position on the firm. The date and place of the signature 
    should be indicated as well. Neither notarization nor legalization is required). 
  2. A Certified document showing the change of Name and/or Address.

 

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Simonian IP
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