Introduction
Foreign companies and individuals are eligible to apply for Russian trademark registration without nationality restriction or residency requirement.
Russia adopts the first-to-file basis. Unregistered mark leaves the trademark register wide open for third party to register an identical or similar mark to it. Proof of use inside the Russia is not a requisite for filing of application, nor for issuance of the trademark certificate.
Non-use cancellation period is any 3 consecutive years after registration, but such proceedings is not initiated by the Trademark Office. It must be invoked by a third party coincidentally interested to use or register the same mark on some of the specified goods or services
.
Fees
Our fee is HK$15,000 for the first class and HK$3,800 for each additional class included in the same application. The fee is inclusive of both the government fee and professional fees. There is no extra for the publication, registration and issuance of the trademark certificate.
Unless the application encounters objection or suggested amendment, there will not be any additional fee. In the event of any objection or suggested amendment by the examiner or , the applicant has the choice of (1) continue to pursue for registration at additional fee according to the complication, or (2) abandon the pending application at no extra-cost.
Search
Prior to filing, the chance of success can assessed by having a search at the fee of HK$2,800 per mark per class. The search is inclusive of both identical and similarity search. Pre-application search report is available within 1 week of instruction.
Search is optional at the choice of the client. If the client’s mark consists of simple logo or common words found in dictionary, search is usually recommended. On the other hand, if the client’s mark is an invented word, or a complex logo, then the client may take a chance to file the application without search
.
Timeframe
The application for trademark registration in Russia generally takes between 14 to 20 months to complete :-
| Filing receipt and filing number |
2 - 5 months |
| Substantive examination |
9 - 15 months |
| Issuance
of trademark certificate |
2 - 5
months |
The trademark will be published within 6 months form the date of registration and after the certificate is issued. There is no opposition provision in the law, but any interested party can file a revocation action against any registration during 5 years from the date of publication.
Upon registration,
a registered trademark is first valid for 10 years and is renewable
indefinitely for further periods of 10 years each by paying the renewal
fee.
Classification
of Goods
Russia adopts the Nice Classification of Goods and Services. Multiple classes or product categories of the same mark can be included in one application. Specification (ie. description of goods and services) can either base on actual use or an honest intention to use the mark in Russia.
All types of goods and services on which the mark is currently used or honestly intended to be used should be listed as broadly as possible in the specification to cover the class or product category applying for in one exercise, since the specification can only be narrowed and not extended after filing.
Upon registration, the scope of the exclusive right granted by the registration is limited by the ambit of the specified goods and services.
Convention
Priority
If the client has filed an application in another WTO or Paris Convention country within the last half year, then there is a choice of treating the effective filing date in Russia to be the same as the date of the earlier application.
Priority claim is usually made when the Russian application is part of a coordinated world-wide filing exercise, or when a search reveals that a recent application of a third party may be surpassed by the priority claim, or if the client is concerned about possible competing third party application in Russia at around the same time.
Details
Required
| 1. |
Full name, address and registration number of the trademark applicant. |
|
| 2. |
Selection of goods items and/or services items to form the specification. |
|
| 3. |
Logo or stylized mark in .jpg format. |
|
| 4. |
Power of Attorney (no need of notary public or legalization). |
|
