Trademark registration

Why do you need a trademark?

A trademark is a designation that distinguishes your product or service from other similar products or services.

A legal entity or entrepreneur can have an image of its goods, but the exclusive right to it is acquired only from the moment of state registration of the image, which will be confirmed by a certificate that is valid for 10 years.

The term for obtaining a certificate is from one and a half to two months.

The following information is entered into the State Register of Trademarks: the sign itself, information about the right holder, the priority date of the trademark, the list of goods for individualization of which the sign is registered, the date of its state registration, other information relating to the registration, as well as subsequent changes in this information.

Where and how long does it take to register a trademark?

A trademark is registered at the FIPS, on average from 9 months to one year.

What does the exclusive right to a trademark give to its owner? Exclusive rights give you the opportunity both to use the mark yourself, and to dispose of it at your discretion, for example:

- transfer them for use to third parties on the basis of a license agreement
- Cede (sell) the right to others, to make a profit,
- to prohibit its use.

These rights mean that no one except you and without your permission can use your trademark or a mark similar to it.

Use of the trademark

- on manufactured and sold goods, packaging, labels,

- at exhibitions and fairs;

- on documents, in the provision of services, performance of works;

- in offers for sale of goods, performance of works, in advertisements and on signboards;

- in the domain name.

Goods and their packaging, labels of goods on which the trademark is placed without the right to do so, shall be recognized as counterfeit. The right holder shall be entitled to demand the seizure of such goods and their destruction at the expense of the infringer.

What trademarks cannot be registered?

To summarize the answer, those that do not have distinctiveness and on the grounds specified in the law.

Distinctiveness is the ability (property) of a trademark to cause appropriate associations in the minds of consumers, which are associated not with specific goods or services represented by the trademark, but precisely with the manufacturer of these products.

Types of trademarks

- verbal,
- pictorial,
- combined,
- three-dimensional (volumetric) and others.

Verbal images are characteristic words or a combination of words, executed in a particular graphic and typographic manner. A verbal sign is also commonly referred to as a logo.

In the figurative there is only an image and no words. For example, images of objects, animals, symbols, graphic compositions (including letters and numbers).
In a trademark certain colors can be protected, i.e. a trademark can be protected in those color combinations in which it was filed for state registration.

A sound trademark consists of a fragment of a piece of music, a short and original musical sound, the sound of nature or artificially created noise. Examples of sound trademarks: melodies and screensavers of popular TV programs call signs of radio stations, melodies for cellular phones and others.

Combined - these are signs that consist of verbal and graphic parts. As a three-dimensional trademark is registered special form of the product itself, or a special packaging. Examples of such may include bottles for drinks, perfume bottles of well-known companies.

Application for Trademark Registration

Registration of a trademark without proper preparation of the application form is not possible and may lead to the refusal of registration of the logo.

Who has the right to apply for trademark registration?

Pursuant to Article 1492 of the Russian Civil Code, the applicant can be a legal entity or an individual entrepreneur. A patent attorney or any other representative acting on the basis of the power of attorney can represent the applicant.

The application must be accompanied by a document certifying the payment of a minimum of 3,500 ruble fee and must be sent to Rospatent. The date of filing of the application is considered the date of its receipt by Rospatent.

Formal examination. It takes one month from the date of application for registration. The correctness of the application and other documentation attached to the application shall be checked. In case of a positive result of the formal examination, an examination of the designation shall be appointed. At this stage you pay the fee of minimum 11500 rubles and the receipt must be sent to Rospatent.

Examination of the designation. By its results a decision on registration or refusal in registration of the trademark can be made. The term of the main examination is from 12 to 16 months.

The following documents are required for trademark registration:

- Trademark (can be created by our specialists)

- Classes of the Nice Classification (our specialists can choose it)

- TIN LLC or IE

- Address for correspondence with the registration authority, bank details, contact person, contact phone number

Fees for trademark registration

Registration of the application for registration of a trademark or a service mark and taking a decision following the results of the formal examination - 3 500 rubles + 1 000 rubles for each of the classes of the Nice Classes for which registration is requested, over 5.

Expert examination of designation applied for as a trademark, and taking decision on its results - 11 500 rubles + 2500 rubles for each of the classes of the Nice Classes for which registration is requested, over 1.
Registration of the trademark - 16,000 rubles + 1,000 rubles for each of the classes of the Nice Classes for which registration is requested, over 5.

Issuance of the trademark certificate - 2,000 rub.