Why and how to register a trademark in Russia

In Russia, in order to obtain the rights to a trademark it is necessary to register it via the Federal Service for Intellectual Property (Rospatent).

The Russian Federation is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

It is not necessary for a trademark to have been used in order for it to register. However, previous effective use of the trademark may be useful to help overcome eventual objections raised on the grounds of lack of distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Russia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to take legal action against it. 

Cancellation actions against registered trademarks can be made based on prior rights or absolute grounds.

Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of three years or it will become vulnerable to cancellation actions based on lack of use of the trademark.

Registered trademarks in Russia have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as twelve (12) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Russia (Trademark Assessment Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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