Short answer: In Russia, a trademark is a designation used to individualise goods, and a service mark individualises services. The exclusive right is certified by a trademark certificate. Registration is not automatic: the sign, the applicant and the selected goods and services must be assessed under the applicable rules.
What a trademark protects
Article 1477 of the Civil Code recognises an exclusive right in a designation that individualises goods, certified by a trademark certificate. Service marks are subject to the same rules in the manner established by the Code.
A business name, a domain name, a logo or a marketing slogan is not automatically a registered trademark merely because it is used in practice. The legal question is whether a particular designation has been registered and for which goods or services.
Preparing an application
Rospatent explains that registration starts with an application. It includes the applicant, the proposed designation and the list of goods and services grouped under the relevant Nice Classification classes. The filing date is determined under the rules of Article 1492 of the Civil Code.
Before filing, it is sensible to define the commercial use of the designation, identify the relevant classes and check for potential conflicts with prior rights. A preliminary search can reduce uncertainty but cannot guarantee the result of examination.
What happens after filing
Rospatent’s procedure includes the application process, examination and, if registration is approved and the required steps are completed, registration in the State Register, publication and issuance of a certificate. The authority decides the application under the law and the documents submitted in that case.
Practical checklist
- Define the exact sign to be protected and how it will be used.
- Identify the applicant and the goods or services for which protection is sought.
- Check the relevant classes and possible conflicts with earlier designations.
- Prepare the application in the form required by Rospatent.
- Keep a record of filing, correspondence and decisions during examination.
Important limits
Registration does not create unlimited protection for every word, image, product or country. The scope depends on the registered designation and the goods or services for which it is protected. Issues such as distinctiveness, prior rights, use and disposal of the exclusive right require review of the particular facts.
Official sources
- Civil Code of the Russian Federation, Article 1477 — trademarks and service marks
- Rospatent — how to register a trademark or service mark
- Rospatent — state-registration service
Discuss the documents before filing
For a preliminary review of the business documents and legal issues before selecting the next route, request an initial consultation. Registration-specific representation may require an appropriately authorised specialist.