In Russia, exploitation of foreign brands and trademarks is not yet very uncommon. Therefore, when expanding to or doing business in Russia, it is important to protect your brand by filing for registration of the key elements of the brand as trademarks or extending existing trademark registrations to Russia. There are basically two ways to obtain a trademark in Russia, namely the national registration and the international registration.
The national trademark is the optimal choice when a trademark is needed only for Russia. The national trademark is obtained by filing a trademark application directly with Rospatent in Moscow. The trademark covers Russia and it is valid for a term of 10 years. The term may be renewed for an unlimited number of times for 10 years at a time. The applicant may be a Russian or foreign individual or legal entity. However, since only Russian patent attorneys are allowed by law to operate with Rospatent, a patent attorney is needed for preparing and filing the trademark application. The registration fee is currently RUR 16200 (EUR 216 or USD 245) and the registration process takes approximately 8-12 months.
Foreign businesses domiciled in a country that is a member of the Madrid Union may apply for an international trademark covering Russia. The Madrid Union consists of the contracting parties to the Madrid Agreement on the International Registration of Marks and the Madrid Protocol related thereto. An international application is usually the best option when the trademark will be registered in multiple countries simultaneously. A Russian patent attorney does not need to be used, unless Rospatent has any remarks to the application when reviewing it. A prerequisite for the international registration is that the applicant has obtained a national mark for the trademark in its country of domicile. The trademark issued under an international registration is valid for 10 years. However, the term and changes to the basic national registration affects the international registration. The international application is filed with WIPO, which is located in Geneva, Switzerland through the patent office at the applicant’s domicile. The individual registration fee for Russia is 100 Swiss francs (CHF).
MK-Law assists with the preparation and filing of trademark applications related to Russia as well as with the preparation and filings of responses to oppositions made by Rospatent or other trademark owners. We also represent our clients in IPR disputes in courts in Russia and elsewhere.
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