Registration of a trademark is an important aspect of presence of a foreign business in Russian market.

For protection purposes in the Russian territory a trademark should be registered by the Federal Institute of Industrial Property (FIIP, formerly ÂÍÈÈÃÏÝ).

Application
can be made either by a legal entity or a person engaged in business.

Foreign natural persons and legal entities have, on the principle of mutuality, the same rights as the Russian ones in accordance with international agreements of the Russian Federation.

Foreign applicants should submit their applications through a duly registered patent agent in Russia.

The application should be supported by an expert opinion (preferably but not compulsory), description of the trademark, 15-20 samples 8x8sm in black and white and 8 samples in colour, approval of payment of fees.

How long does it take?

There are a few stages of processing an application.

At the beginning the application should be duly registered and filed, what takes 2-3 months, and as a result the applicant receives a notification of acceptance of application (preference certificate). With the said certificate an applicant receives temporary protection and can use his trademark in Russia, marking it with "TM".

Within further 12 months the expert commission will issue an opinion (positive or negative) about possibility of protection of the trademark in Russia.

In case of a positive commission opinion the applicant will receive certificate of registration of the trademark within further 4-6 months. The certificate protects the registered trademark during 10 years, and can be extended for another 10 years period upon expiration.

In case of a negative commissions opinion, the applicant may appeal to the Appeal Chamber and further to the Supreme Patent Chamber.

According to established practices the whole process takes 1,5...2 years until a successful applicant receives registration certificate. The terms can be sometimes shortened at most up to 6 months.

Important notes

Lease or transfer of all or part of rights to a registered trademark become valid only after due registration of respective agreement in FIIP. If an investor takes decision to pay his shares in a Russian legal entity by transferring his rights to the trademark, such transfer is to be registered as well.

Rospatent by its Order No.38 of March 17, 2000 On Adoption of Rules for Recognition of a Trade Mark as Well-Known in the Russian Federation has established the guidelines how to determine recognition of a trade mark as well-known. These rules are anticipated to ensure improvement of foreign trademarks protection in Russia.

Please call at +007 (095) 926-0752 or tel/fax 928-9036
or e-mail to elta@elta.ru for more details and assistance