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Trademark registration in Russia (Civil Law 2024)

Trademark registration is a critical step for businesses aiming to establish and protect their brand identity in the Russian market. Russia is a country possessing many outstanding advantages that promote the potential for economic development. Russia is located at the crossroads of Europe and Asia, playing an important role in international trade routes, especially the New Silk Road. This location gives Russia easy access to major markets and attracts foreign investment. Russia has a long coastline along the Baltic Sea, Black Sea, Caspian Sea and Arctic Ocean, which greatly facilitates maritime traffic and the development of international trade. This coastline also gives Russia the potential to develop its fishing industry, providing an abundant source of food for the domestic market and export. Russia is the world’s largest exporter of oil and gas, accounting for 10% of global oil reserves and 17% of natural gas reserves. It is an important source of foreign exchange income for the country, contributing significantly to the state budget and supporting other economic sectors. Russia also has abundant reserves of precious minerals such as coal, metal ores (gold, silver, platinum, etc.), iron ore, nickel, copper, etc. Russia has vast taiga forests that occupy a quarter of the world’s forest area, providing a valuable source of wood for the wood and paper processing industry. The Russian government has issued many tax incentives and simplified administrative procedures in order to attract foreign investment to priority sectors of the economy. Russia is also working to improve the investment environment, creating a transparent and safe business environment for investors. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Russia through the article below.

Trademark application in Vietnam for sports fitness equipment

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    Legal basis

    • Civil Law 2024 (Chapter 1, chapter 2, chapter 3, chapter 4);
    • Other relevant legal documents

    Overview of trademarks in Russia

    Trademark definition

    A trademark in Russia is a symbol or sign that distinguishes the product, service or work of an individual or legal entity from other products, services or work. This symbol can be a word, logo, slogan, or even a combination of these elements.

    Conditions for trademark registration in Russia

    • Uniqueness: The trademark must be distinguishable and not similar to existing registered trademarks for similar products/services.
    • No pre-use required: Proof of use is not required before applying.
    • Right-of-way: Attested copies of right-of-way documents (if a right-of-way is requested from another country) can be submitted within three months of filing the application.

    Types of trademarks that can be registered in Russia

    • Letter marks: These are trademarks that consist of words, letters, or numbers. Include the brand name, slogan, and product name. (e.g. “McDonalds”, “Coca-Cola”)
    • Image trademarks: These are trademarks that include logos, designs, symbols, or images. (e.g. Apple logo, Nike comma)
    • Combination trademarks: These are trademarks that combine text marks and image marks. (e.g. Lacoste logo with crocodile image and “Lacoste” underneath)
    • Three-dimensional trademarks: These are trademarks that include product shape, packaging, or a combination of both. (e.g. Coca-Cola bottle shape)
    • Audio trademarks: These are trademarks that include sounds or melodies associated with a brand. (e.g. MGM lion roar, Intel promotional audio)
    • Other special signs: In some cases, other non-traditional elements may be registered as trademarks if they are distinguishable and identifiable to a particular mark. This can include colors, holograms, or even (less common) scents.

    Dossiers for trademark registration in Russia

    Applicant Information:

    • Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
    • Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

    Trademark Information:

    • Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
    • Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

    After having all the information, the applicant needs to fill out the trademark registration form

    • Statement of Use (Optional): If the applicant has already started using the trademark in Russia, the applicant can submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
    • Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.

    Customers can download the application form from the following link:

    https://new.fips.ru/documents/formy-dokumentov/index.php#4

    How to file for trademark registration in Russia

    To file for trademark protection in Russia, you can apply by the following filing methods:

    • Direct submission: You can go directly to the Intellectual Property Office of the Russian Federation (ROSPATENT) at 30-1 Berezhkovskaya nab. GSP-3 Moscow 123993 for filing applications and related documents.
    • By Post: You can send your application and all necessary documents via postal service or courier service to the Intellectual Property Office of the Russian Federation (ROSPATENT) at 30-1 Berezhkovskaya nab. GSP-3 Moscow 123993.
    • Customers can apply online via the following link:

    https://new.fips.ru/elektronnye-servisy/otkrytye-reestry/index.php

    Registration of trademark protection in Russia through the Madrid System

    The Madrid system is a convenient and cost-effective Russian league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

    Madrid Agreement:

    • Russia joined the Madrid Agreement on July 1, 1976.
    • The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

    Madrid Protocol:

    • Russia accessed the Madrid Protocol on 10 June 1997.
    • The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
    • The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

    Trademark registration dossier under the Madrid System

    The Madrid Applications include the Madrid Singles of Vietnamese origin and the Madrid Applications with Russian designations.

    For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

    • Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
    • 02 MM2 declarations according to the form of the International Office in English or Russian;
    • 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
    • 02 MM18 declarations in English (if the application has a US designation);
    • Written authorization in Vietnamese (According to the form of Viet An Law Firm);
    • Documents of payment of fees for international registration of trademarks of Vietnamese origin;
    • Other relevant documents (if necessary).

    Application fees through the Madrid System

    The fees include:

    • Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
    • Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

    Trademark registration service in Russia of Viet An Law Firm

    • Carry out the search and notify customers in writing the results of trademark search in Russia;
    • Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Russia on behalf of trademark owners;
    • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Russia;
    • Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Russia.
    • Receive dispatches, certificates and hand over to customers (if any).

    If you want to apply for trademark registration in Russia, please contact Viet An Law Firm for the most effective support

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