Trademark registration for foreign brands in Russia

Trademark registration

If you successfully develop your brand, then surely the idea of global business has occurred to you more than once! Why not Russia? Perhaps, this is the most unexplored territory, which is both, attractive and completely incomprehensible with its laws, mentality, and approach to business.

Do you agree that to capture the market, it is important to take a position first, think strategically, and act confidently, without hesitation?

 

Such a first step for a foreign company may become the registration of its trademark in Russia.

 

Bear in mind, that according to the Constitution of the Russian Federation you have the same rights as any local company and that you are protected by the law.

 

Important!

  • To register the trademark, registration of a legal entity is not required in the territory of Russia.
    Registration of the trademark in Russia does not oblige you to pay taxes.
  • The procedure of registration is long (from 12 to 18 months), but the result will satisfy your expectations, even if you do not plan to open a representative office in Russia in the near future.
  • The right to register a trademark belongs to the company that first filed the application. A company that has applied with a similar trademark after you, will be refused, even if the registration procedure is not yet completed.
  • Any trademark is registered for 10 years with the possibility of subsequent extension.
  • Registration of the trademark confirms the uniqueness of your brand in Russia, protects you from reputational and financial losses.
  • Registration of the trademark forms a loyal attitude of distributors, trade networks, and partners, confirming the uniqueness of your brand.
  • Registration of any trademark in Russia is possible only through the Russian representative of a foreign company acting by proxy.

 

However, there are some features governed by the law of the Russian Federation:

  • Any trademark is subject to registration exclusively with a foreign legal entity, and not with a separate division in Russia.
  • Foreign persons can conduct business with “Rospatent” (the state registration authority for intellectual property) exclusively through Russian representatives.
  • Payment of the state duty for registration of a trademark should be effected in rubles.

 

The main stages of trademark registration:

 

Stage 1. Preparation of documents and filing an application with “Rospatent”.

Formation of the required documents package:

  • An application for state registration of a designation as the trademark, indicating the applicant, as well as his place of residence or location;
  • A claimed trademark designation (what will be contained in your trademark);
  • A list of goods and/or services in respect of which the application for state registration of the trademark is filed in accordance with international classification;
  • Description of the claimed designation (detailed verbal description of your trademark).
  • A document confirming fee payment.

All documents are to be submitted in Russian, or in another language with a notarized translation.

 

Stage 2. Official examination of the Application

At this stage, the compliance of the submitted documents with the regulatory requirements is checked. Based on the results of verification, the documents are sent for registration or returned for adjustments and additional completing.

 

Stage 3. Examination of the claimed trademark

This is the determining and most important stage, it is at this stage that you receive confirmation of registration, or  the justified refusal.

 

Stage 4. Final

Subject to a positive decision of “Rospatent”, the trademark is entered in the state register and the certificate of state registration and ownership for a period of 10 years is issued..

It should be understood that even a negative decision on registration is not the final one. In practice, there are a lot of cases when it was possible to challenge the decision of “Rospatent” in court.  It all depends on the company’s intentions to go to the end.

 

You can also contact us with questions such as:

  1. The cancellation of the trademark
  2. Disputes over the use of a trademark
  3. Renewal of trademark registration
  4. The amendments to the trademark

Perhaps your situation is individual, you can just describe your case and contact our experts