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Procedure for registering a trademark. Features of trademark registration How much does it cost to register a trademark

Few people know how to register a trademark yourself. Every year, thousands of entrepreneurs try to go through a difficult procedure without the help of specialists and are rejected by the federal service. The most common reason for refusal is partial similarity or complete identity with previously registered names. In addition, there are twenty more grounds that are regulated by Part IV Civil Code Russian Federation, for which you may not be able to register. You can find out more about the reasons for refusal.

So how can you minimize the risks and successfully complete the procedure yourself?

Step-by-step instruction

If you decide register a trademark yourself, it is worth thoroughly preparing and studying all stages of this procedure. On the one hand, in last years, the time frame for registration and obtaining certificates has been significantly reduced. Rospatent meets entrepreneurs halfway and introduces many useful online services, provides information on services, and provides free access to . On the other hand, the procedure may still seem daunting for those undergoing it for the first time.

So, you decided to register a trademark yourself:

Stage 1: Selecting a suitable name


Once you have decided on the future name of the product or service, it is worth checking this name using a simple search on the Internet. Surely, you will see more than a dozen sites with similar names in all regions of the country. But you shouldn’t despair or immediately come up with a new name. The fact is that trademarks are tied to certain types of services or goods, which are collected in “ICGS classes”. You can find out the existing classes by studying.

The law does not prohibit registering identical trademarks for different unrelated goods and services. Of course, this does not mean that you can choose any well-known brand throughout the world, such as Starbucks, and try to register it for biological purposes. active additives. The patent office will not allow such registration. It should also be remembered that registration of identical or very similar marks for similar (homogeneous) services or goods is impossible.

Stage 2: We determine the classes of the ICGS for which we will register the future trademark.


We select the appropriate classes that best suit the product or service provided. If you plan to expand your business, you can choose classes based on your future growth strategy. We also advise you to pay attention to classes that include similar (homogeneous) goods and services.

Advice: you should not select all 45 classes at once or try to cover as many specific goods and services as possible; in 90% of cases, you will be denied registration. By selecting all classes, you significantly increase the likelihood of similarity with marks that have already been registered or submitted for registration.

Stage 3: Preliminary search for free characters


Before how to register a trademark yourself, it’s worth checking your chances of a positive decision from Rospatent. The fact is that about 45,000 new applications are submitted in Russia every year. And the total number of registrations has long exceeded 600,000. There are often cases when entrepreneurs attract branding agencies, which often come up with successful names for new products, but, unfortunately, are not unique. A way out of this situation can be an independent preliminary search for free characters using the Linkmark service.

Conducting a check on the website is very simple: enter the desired name into the search bar, and the system searches through certificates and submitted applications in a matter of seconds.

It is noteworthy that you can significantly narrow the range of symbols you are looking for if you enter the ICGS classes of interest in the parameters.

Linkmark is also convenient because search results can be saved or sent by email. You can also include certain marks or applications in continuous monitoring and track changes to them, or monitor the receipt of new applications similar to the search request.

It is important to know: using the database of registered marks is absolutely free; you only pay for additional search options and legal services if you want to use them.

Stage 4: Preparation of a set of documents


Today it is:

.statement

.notation images

.its description

.list of ICGS classes and specific goods (services).

The entire set is prepared in accordance with the official requirements of Rospatent for registration. The current application form and requirements for filling it out can be viewed on the official website of the federal service.

Stage 5: Payment of state duty


The fee can be paid both before submitting the application and after.

Calculating the cost of the state registration fee is very simple: there is a special tariff calculator on the FIPS website. After the system calculates the cost, you can generate a receipt for payment there.

The minimum fee (when filing an application for one class) is RUB 14,200.

Stage 6: examination of application materials and designations

After receipt of the fee, the examination begins, which consists of two stages:

Formal, when the correctness of the application is checked

Substantive examination, when the compliance of the registered designation with the requirements of the law is checked, in particular Art. 1483 Civil Code of the Russian Federation.

Each stage of the examination ends with the issuance of a notification or decision. Experts can also send requests that require a response within a specified time frame.

Stage 7: get a certificate for the sign


After about 11 months (if there were no problems during registration), we receive a decision on registration. After paying a fee of 16,200 rubles. The federal service sends a certificate for the trademark by registered mail.

Thus, today it is quite simple to register a trademark on your own. It is necessary to strictly follow the algorithm of actions and then very soon you can become the happy copyright holder of a unique name of a product or service.

Linkmark service lawyers wish you successful registration! If difficulties arise when obtaining protection or when interacting with Rospatent, we will be happy to provide assistance.


A trademark is a designation generally accepted in the world community for the symbolic (visual) identification of a manufacturer or line of certain goods. It is intellectual property and, as a result, is subject to protection from illegal copying, but only if it goes through the registration procedure with the patent office. The right to use TM is territorial. In other words, its protection is provided only by the state or states in which the relevant registration was carried out.

On the territory of Russia, an officially registered trademark in legal documents is designated exclusively as a trademark, while the term trademark used in the world community is given only colloquial use. It is also sometimes applied to trademarks that are at the stage of undergoing the registration procedure and are already actively used on the market. Such designations are often marked with the TM symbol, which Russian legislation essentially has no legal force.

On the practical side, a trademark can be the following attributes for identifying products or services:

  • Name of the copyright holder company;
  • Logo;
  • Motto or slogan;
  • Corporate or corporate hero (character);
  • Packaging of goods (container, container);
  • Symbolic designation of services;
  • Sound or melody;
  • Animation.

All these elements can be independent trademarks or combined with each other. If a company uses a set of identifying elements, then in order to receive copy protection, all of them must go through the registration procedure.

Illegal use of a registered TM may entail different kinds responsibilities:

  • Non-jurisdictional- personal negotiations with the violator to stop using and eliminate the consequences of copying the TK or its elements.
  • Jurisdictional- appeal to the antimonopoly committee (administrative liability) or judicial authorities (civil and criminal liability).

Where and how to register a trademark in Russia: step-by-step instructions

The main patent office of the Russian Federation is Rospatent or the Federal Service for Intellectual Property. Here you can go through the TM registration procedure and receive the corresponding certificate for the trademark, as well as, if necessary, a certificate for the use of the geographical name of the place of origin of the product (Vologda oil).

Preparatory stage

Official registration of a trademark is a lengthy and expensive process, and therefore it is reckless to go through the procedure without compelling reasons and an in-depth analysis of the commercial effectiveness of the chosen designation. The latter should not be based solely on the personal preferences of the entrepreneur, but is chosen through careful selection and testing. The TM development process roughly looks like this:

  • Formulation of the fundamental goals of the brand - what associations and emotions it should evoke in the consumer.
  • Selection of basic visual elements that characterize the industry, the specifics of the goods and the scope of the company’s activities.
  • Preparation of layouts and sketches of several designation options by specialists.
  • Testing the proposed brand options with focus groups and identifying a characteristic associative series.
  • Selecting a draft model of the future trademark.

After the basic layout has been tested, it must be analyzed for similarity to existing trademarks, as well as designations applied for registration.

Most affordable way How to find out whether a trademark is registered is to conduct a manual analysis of publicly available databases. They can be found on the websites of law firms offering registration services (znakoved.ru, onlinepatent.ru, tmregister.ru). A search in this format is carried out by a verbal designation (company or product name), which is entered into the corresponding line. Each site has its own database, which may differ, and therefore to complete the information it is necessary to use the maximum possible number of resources.

In addition, you can check against open FIPS registers, which are provided in a paid and free format. To gain access to paid databases, you must register on the official website new.fips.ru and, having paid for the services (based on the tariffs of 295 rubles for one search for five key queries), send a written request to conclude an agreement for the use of the database to the service support service This email address is being protected from spambots. You must have JavaScript enabled to view it. .

Free FIPS registers and databases are officially available in the information retrieval system (http://www1.fips.ru/wps/portal/IPS_Ru), where you need to select the name of the database, and then enter the search parameters in the appropriate request form.

The selected design, name and other attributes are checked against existing registered marks and accepted applications for registration, and then adjusted to eliminate overlaps.

A fairly important stage in the verification of a trademark is the analysis of its compliance with legal requirements. So, she shouldn't:

  • Be immoral (jargon, obscene language, offensive and discriminatory language and visual elements).
  • Use generally accepted terms and designations.
  • Contain identification attributes of state-owned enterprises and government structures.
  • Include images of official control marks, hallmarks, awards and various insignia of distinction that have a generally accepted format (even to the extent of confusion).
  • Contain false characteristics of a product or enterprise.

Complete application for TM registration

After choosing the final version of the trademark, you can proceed to the preparation procedure necessary documents. The basic package consists of:

  • Applications for registration of technical specifications according to the established template(the version for 2018 can be downloaded from the official website of Rospatent). The application is submitted in triplicate, and it is extremely important that all information is readable and provided exclusively on state language(Russian).
  • Brand Images. It must be relevant and good quality– six images measuring at least 8 centimeters in height.
  • Detailed description of the trademark.
  • List of goods for which the trademark will be applied. Selected in accordance with the official classifier of the ICTU.
  • Receipt indicating payment of state duties.

In addition, additional documents may be required:

  • Power of attorney for persons representing a company or individual entrepreneur.
  • Charter of the collective TOR, in the case where the latter will be applied by a group of companies.
  • Notarized accurate translation of documents submitted in a foreign language.

All documents are prepared, if possible, in printed form, single-sided printing with sequential numbering of sheets. The font should not be smaller than 2.1 millimeters with one and a half spacing between lines. Splitting text into columns is not allowed. This is necessary so that documents can be scanned and recognized for subsequent entry into an electronic database.

Office work on trademark registration in Rospatent

Considering the question of how to register trademark independently, it is necessary to take into account that the duration of the procedure itself largely depends on the correct preparation of documents, which will reduce the number of requests from the patent office for revision and provision of additional information, each of which adds 1-2 months of waiting to the total period of waiting.

The registration procedure itself is as follows:

  • Submission of documents to Rospatent.
  • Preliminary formal examination of the correctness of the application and selection of the list of classes of goods according to the International Classification of Goods.
  • Acceptance of the application for consideration.
  • An in-depth examination of the registered designation, during which it is established that there is no violation of the rights of other persons, as well as compliance with the established requirements for technical specifications.
  • Making a decision on TM registration.
  • Registration and issuance of a certificate protecting your right to use the image.

Integration of TM into the production process

After receiving a certificate for a trademark, it must be registered as an official intangible asset of the enterprise. In this case, all costs for registering rights can be included in the list of general expenses of the enterprise. It is very important to do this, since the trademark can be used in the future as a product sold under a franchise or a commercial concession agreement.

IN initial cost exclusive rights to a trademark include state duties and additional expenses, with the exception of VAT and other types of taxation. In practice, such rights are subject to depreciation, provided that the period of their commercial use is at least one year (for technical specifications, the validity period of the Rospatent certificate is 10 years from the official date of registration).

The depreciation charges themselves are accrued from the next month after the establishment of exclusive rights to accounting. After the expiration of the certificate, in the absence of renewal of rights, the trademark as an unused intangible asset is written off from the balance sheet of the enterprise.

How much does TM registration cost?

Officially registering your own brand is a considerable expense, even if you carry out the procedure yourself. Thus, according to the procedure established for 2018, for obtaining rights to a trademark, it is necessary to pay the following fees:

  • Submission of documents to the patent office and formal examination- 2700 rubles.
  • Basic in-depth expertise- 11,500 rubles.
  • Registration for additional classes of goods (more than three)- 2050 rubles for each subsequent class.
  • TM registration certificate form- 16200 rubles.

You should also understand that in addition to the mandatory costs of paying for the procedure, you will need funds to prepare the trademark itself:

  • Design services- from 100 dollars.
  • Cost of verification using FIPS databases- from 50 dollars.
  • Testing the brand for perception by the target audience- from 1000 dollars.
  • Legal services for execution of powers of attorney and certification of translations of documents- from 100 dollars.

If it is necessary to make changes to the application for registration of a trademark, an additional fee of 4,900 rubles is paid for each request to enter new data. In turn, obtaining copies of documents from Rospatent costs another 2,500 rubles.

What to do if registration of technical specifications is refused

If, during an in-depth examination of the trademark, the patent office decided to refuse registration, you can appeal the results or make changes to the application in accordance with the reasons for the refusal (they are required to be indicated when making a decision). The legislation allocates six months for this.

The following data can be changed:

  • name of the copyright holder or company name;
  • list of goods for which the trademark will be used (only in the direction of reduction);
  • replacement, elimination and addition of visual elements of technical specifications (if they do not change the semantic component of the original application);
  • amendments to the charter for collective trademarks;
  • changing the status of a trademark from a collective to a trademark and vice versa;
  • other additions attached to the application and requested at the request of Rospatent.

If you receive a second refusal that has official status, you can submit an application to the Chamber for Resolution of Patent Disputes, and then to the courts, which will decide the final fate of the registered mark.

On the practical side, there are no significant difficulties in how to register a trademark in Russia on your own. However, you should remember that you shouldn’t do this just “for the future.” First of all, because if your mark is not used for 3 years, the certificate will be canceled, and the right itself, upon request, can be transferred to other commercial organizations.

08.02.18 33 621 4

or How to protect your business from attacks by competitors and fines of up to 5 million rubles

A trademark is not a formality or a show off, but an opportunity to protect your business.

Natalia Lavrentieva

worked as a marketer in the patent office

I worked as a marketer in a patent office. I regularly had to communicate with representatives of companies who wanted to protect intellectual property. Some - to make money, others - to avoid problems in the future, and some have already come with problems. I’ll tell you why you need a trademark and what happens if you don’t register it.

I took examples of judicial practice from open sources. What happens at work stays at work.

What is a trademark

A trademark is “a designation used to identify goods and services.” Companies register their trademarks to prevent others from using them.

A trademark is not valid on its own, but in relation to certain types of business chosen by the applicant. Depending on the type of activity of a company, they are registered in certain classes of the International Classification of Goods and Services.

For example, if you sell shoes and register the name “Bigfoot” in your class, nothing will prevent a tire shop from registering the same brand for itself in another class.

The case with Russian Railways

Entrepreneur Andrei Chumakov created an online store rzd-shop.ru, in which he illegally sold souvenirs with the logo of Russian Railways. JSC Russian Railways sued Chumakov and demanded to pay 2 million rubles for using the well-known designation rzd in the name of the site and selling counterfeits.

The entrepreneur wanted to prove that he did not plan to use the trademark owned by Russian Railways to work on behalf of the corporation. But the court found him completely guilty. Due to the fact that the plaintiff did not prove his losses, the court reduced the amount to 200 thousand rubles, but still ordered Chumakov to close the online store.

Types of trademarks

A trademark can be pictures, shapes, sounds, text and anything else by which the company can be identified. Most registered trademarks are names or logos.

Sometimes companies register a name and a picture together - this is allowed; such a mark is called a combined mark.

Second melody when Windows starts - registered trademark

Why register a trademark

The main reason is brand safety. Once a business owner receives a trademark certificate, no one will be able to use its designation. For using someone else's trademark, Russian legislation provides for a fine of 10 thousand to 5 million rubles.

If we look at the practice of arbitration courts, we will see more than 22 thousand decisions only involving the Adidas trademark. And there are almost 7,000 solutions with “Nike” and more than 2,000 solutions with the “Reebok” sign.

In most of these decisions, small entrepreneurs were punished for illegal use of the brand in amounts ranging from 5 to 50 thousand rubles in favor of the plaintiff, so Adidas received no less than 110 million rubles in compensation.

It’s not just Adidas and other big corporations that are fighting in the courts. It’s much worse when some “Alliance Balance” worked for several years, and then it turned out that its name is someone else’s trademark. In this case, the court will not limit itself to compensation of 20-30 thousand, as in cases of counterfeiting, but will hit the offender with a million or two.

In addition, a trademark is an intangible asset. It can be assessed, put on the company’s balance sheet, increasing its value, or the right to work under it can be sold - a franchise.

How to choose a trademark

Before you start using a logo, wordmark, slogan, or site domain name, make sure that no one else has registered it before you, so as not to pay compensation to the copyright holder.

For example, if you ask if Tinkof is free, the service will show that there are 1,803 similar trademarks. Therefore, Rospatent will not allow Tinkoff to be registered: it is confusingly similar to the Tinkoff brand.

A full check can be carried out on the FIPS website for 360 rubles. However, without experience in registering at least several hundred trademarks, it is difficult to interpret search results. In order to properly check a trademark, you need to think like an expert from Rospatent. Therefore, entrepreneurs usually do not register themselves and turn to patent offices and law firms that specialize in these services.

How to register a trademark in the Russian Federation

On the territory of the Russian Federation, marks are registered by Rospatent. This is a government body that checks trademarks for identity and similarity and maintains a database of all registered intellectual property objects.

You can contact a patent attorney who will help you go through the procedure. With his help, the chance of successful registration of a trademark increases, because he knows from experience what and how to do in order to obtain consent for registration from Rospatent.

To register a trademark:

  1. and decide on the types of activities that the trademark will protect.
  2. Check with a lawyer and choose the most reliable option.
  3. Pay the state fee for filing the application and examination.
  4. Submit an application to the Federal Institute of Industrial Property under Rospatent.
  5. Respond to requests for examination.
  6. Receive the expert's decision and pay the mark registration fee.
  7. Obtain a trademark certificate.

How much does registration cost?

Brand registration costs from 30 to 50 thousand rubles. This is the cost of the state duty, it can be clarified on the Rospatent website. Now the state duty must be paid in three parts:

  1. 3500 rubles for registering an application for registration of a trademark in one class. For each additional class you will have to pay an additional 1000 rubles.
  2. 11,500 rubles for checking for identity and similarity in one class. Based on the results of the inspection, a decision is made on the possibility of registering a trademark. Another 2,500 rubles must be paid for registration in each additional class.
  3. 16,000 rubles when Rospatent approves the registration of a trademark. Pay before the certificate is issued. For each additional class over 5 you will have to pay an additional 1000 rubles.
  4. 2000 rubles are paid for issuing a certificate of registration of a trademark.

The first two payments are made simultaneously. If you have submitted an application for registration, but Rospatent has found trademarks that are confusingly similar to yours, it will reject the application and will not refund the state fee.

After receiving the certificate, do not forget that its validity period is 10 years from the date of filing the application for registration. Renewal takes about a year, so after 9 years you need to submit an application, otherwise your brand may be registered by another company.

Duration of trademark rights

A registered trademark is valid for 10 years throughout Russia. The badge can be renewed indefinitely for another 10 years.

If the company that registered the trademark does not use it for three years, another company can revoke the legal protection of that brand and register it in its own name.

The case of the Highlander

Veksel LLC appealed to the Moscow Arbitration Court with a demand to recover 5 million rubles from Sfera LLC for using the Highlander trademark and to remove all shoes of this brand from the defendant’s circulation.

The court partially satisfied the demands: it collected 500 thousand rubles from Sphere as compensation for the Bill and 43 thousand rubles in state duty. He also decided to remove counterfeit products from circulation.

Sfera filed a counterclaim. They were able to prove that Veksel did not use the Highlander brand, which means that Veksel registered the trademark in order to interfere with the work of another company. This is illegal. The court agreed, and the protection of the Highlander trademark was terminated ahead of schedule.

Sfera was allowed not to pay 500 thousand rubles in favor of “Veksel”.

If you don't register

The most famous example of a company losing profits due to an unregistered trademark is the case of Skype. In 2015, Skype was denied registration because the mark was confusingly similar to the broadcaster's registered trademark "Sky".

Microsoft agreed with the TV channel that they could continue to use the Skype logo, but could not produce or sell products under this brand.



If you don't register your brand, your competitors can take advantage of it: register your trademark and put you out of business.

The case of the brand “Yamshchik-taxi”

In 2005, the Privat company filed for registration of the Yamshchik-taxi brand, under which its competitors’ taxis operated. After registration, the copyright holder prohibited competitors from using this logo.

The dispute in court lasted 4 years. The legal owner restored his rights to the trademark in 2009, but during this time the brand was forgotten by consumers. It had to be unwound like new.


What else to consider

Each country has its own database of registered trademarks. You cannot just go ahead and get a worldwide trademark; you have to go through the process again in each country.

The case of "Happy Baby"

In 2015, entrepreneur Tatyana Goncharenko imported toys under the Happy Baby brand into the Russian Federation. This trademark is registered and valid in the United States.

At the border, the shipment was detained by the customs service, because in Russia this brand belongs to another company. Goncharenko had to pay a fine of 20 thousand rubles for using someone else’s trademark, and the entire batch of toys worth $1,500 was seized by the customs service.

How to register and use a trademark

  1. Check that no one uses this or a similar trademark in Russia.
  2. Submit an application to Rospatent yourself or with the help of a patent attorney.
  3. Wait for your application to be approved and receive a trademark registration certificate.
  4. Now your trademark is protected by law and you can: sell a franchise and make money from it; sue and demand compensation from anyone who uses your brand without your permission; give letters of consent to use your trademark on terms favorable to you; invest any funds in promoting your brand without the risk of encroachment from unscrupulous competitors.
  5. Don’t forget to apply for renewal of your trademark registration after 9 years.

The ability to compare favorably with one's peers is an attribute good product. Behind the bright name of any brand lies a successful combination of technology, specific knowledge, effective management and, of course, hard work. The trademark, in turn, allows the product to be recognizable, which, together with the above-mentioned factors, gives an additional, indirect positive impetus to the development of the company.

So, how to register a trademark yourself? Step-by-step instructions are contained in this article!

A trademark is a visual, verbal, or combined set of means of expressing information that distinguishes a particular manufacturer's product from others. A trademark is a trademark symbol registered with a specific owner.

A brand is a more general conceptual category. A trademark is part of a brand, one of the symbols that characterizes a product.

It should be noted that a trademark plays more of a legal role: it is evidence that this trademark belongs to a specific person.

Why do you need to register a trademark?

According to Russian legislation, state registration of a trademark is possible. It is a guarantee that the product is your intellectual and entrepreneurial activity– a trademark will not become a tool for promoting the goods of another entrepreneur.

In conditions modern market when the information is driving force when it goes intense struggle for sales markets, it became clear that business reputation, product image significantly influence the performance of the company. Therefore, the importance of a trademark in the modern economy cannot be overestimated.

Stage 7. Obtaining a certificate for a specific trademark

Once the TK registration has been pre-approved, FIPS will need to have evidence that the required fees have been paid. If everything is paid, the entrepreneur will be given a certificate. It records the owner's ownership of the trademark.


Stage 8. Extension of ownership

The patent is issued for 10 years. Then it can be extended.

The number of extensions is not limited, the extension period is 10 years.

Terms and cost of self-registration of a trademark

In order to obtain a trademark patent on your own, you will need to pay state fees: for filing an application and checking a set of documents (2,700 rubles), analysis of the similarity of a trademark (1st class of goods and services, 11,500 rubles), for issuing a patent (16,200 rubles).

Depending on the situation, the applicant will need to pay the following fees: for similarity analysis of each additional class of goods and services (RUB 2,050), for making changes and/or additions to the application and business papers (RUB 4,900), postponing the deadline for responding to a FIPS request (850 rubles / month), for resuscitation of the right to provide the necessary documents in case of delay (8,100 rubles).

You can find out what documents are required to register an individual entrepreneur and how to prepare them correctly.

The law does not provide for fixing deadlines for registering a trademark. Practice shows that it takes period from 1 to 1.5 years.


The most common mistakes

The most common mistake applicants' claim is that his mark is too similar to one already registered.

The second most common mistake is that the applicant indicates a sign that objectively not suitable for this(if it contains concepts that denote the general name of a product group, for example).

And finally, the third most common mistake is that the applicant incorrectly indicates goods and services according to the ICGS: an unreasonably large or small number of them, or goods and services that are not in the ICGS.

How to independently register an individual entrepreneur with the Federal Tax Service? The detailed answer is contained

How to register a trademark in Russia independently for individual entrepreneurs and LLCs?

An individual entrepreneur, in order to confirm his status, must provide a duplicate of the state registration certificate to FIPS. There are no changes in the procedure for obtaining an individual entrepreneur patent.

A legal entity must also provide its state registration certificate and details.

Non-residents do not have the right to independently register a trade mark (trademark) on the territory of the Russian Federation. To do this, they must contact a patent attorney who is registered in the economic space of the Russian Federation.

Thus, the legislation provides for the possibility of registering a trademark on the territory of the Russian Federation. Registering a trademark in Russia on your own is quite difficult. All document forms for the registration procedure can be found on the official FIPS website.

More information about the procedure for registering a trademark in Russia is contained in the following video:

At the same time, if a trademark does not receive legal protection from the state, there is a danger of its use by unscrupulous competitors who do not incur additional advertising costs, which provides them with a more advantageous position. Trademark registration provides such legal protection.

Concept of brand and trademark

The concept of a trademark is not legal. In Russian legislation, it refers to means of individualizing commercial activities, which include:

  • company name;
  • trademark or service mark;
  • commercial designation.

According to Part IV of the Civil Code of the Russian Federation, a trademark or service mark (hereinafter referred to as TZ) is understood as a designation used to individualize the goods of legal entities or entrepreneurs (IP).

Almost any type of designation can be used as it: verbal, pictorial, combined, sound and others, which receive the status of a trademark only after its registration.

Thus, the concepts of trademark and trademark can be considered equivalent, although the phrase “trademark” is often used in a broader sense of the word.

Unlike a company name, the exclusive rights to which are obtained only by legal entities after registration with the tax office, a trademark (service mark) individualizes specific types of goods and services and is registered both for the company and for the individual entrepreneur. Moreover, one person can have an unlimited number of technical assignments.

Where are trademarks registered?

Registration of designations as trademarks (service marks) is carried out by federal Service for intellectual property (Rospatent), located at: Moscow, Berezhkovskaya embankment, 30, building 1.

On the official website of this department www1.fips.ru you can find all the necessary information regarding the registration of trademarks, including downloading application forms, finding out the current amounts of state fees and details for their payment.

You can also track the status of the application's production in the "Information Resources"/"Open Registers"/"Register of Applications for Trademark Registration" section by entering your application number in the search box.

Features of registration of technical specifications

When registering a trademark, the following should be considered:

  • Trademark can only be registered in the name of a legal entity or individual entrepreneur;
  • in Part IV of the Civil Code of the Russian Federation there is a whole list of circumstances under which registration of trademark is impossible;
  • registration of a sign similar to a trademark previously registered by another person is possible only with the permission of the owner of this mark;
  • registered trademark receives legal protection throughout Russia;
  • registration is valid for 10 years, after which it can be renewed several times for another 10 years;
  • upon liquidation legal entity or individual entrepreneur registration of technical specifications is cancelled.

You can apply for trademark registration yourself, or using the services of specialists, which is more preferable, since to successfully register a trademark you must have knowledge of the regulatory framework, certain skills and capabilities.

Before filing an application, it is highly advisable to conduct a check in the Register of Trademarks of the Russian Federation to detect previously registered identical or similar trademarks in relation to similar goods and services.

It is also necessary to check the register of international trademarks, the validity of which extends to the territory of the Russian Federation.

From the day the application is received by the registration authority, the applicant has the so-called “right of priority”, which consists in the fact that for all applications submitted later by other persons for identical or similar designations, registration will be denied.

The prepared application must be sent to Rospatent by mail, preferably by registered mail. If you urgently need to obtain a priority certificate, you can use express mail or submit documents to the Rospatent collection point on Berezhkovskaya Embankment.

Some companies that provide services for registration of trademarks have the opportunity to submit applications and conduct paperwork on them in in electronic format, which can significantly reduce the registration period.

Procedure for registration of technical specifications

The process of registration of trademarks is regulated by Part IV of the Civil Code of the Russian Federation and the Registration Rules approved by Rospatent.

Main stages of the registration procedure:

  1. Registration of a received application, assigning a number to it and sending the applicant a corresponding notification (certificate of priority).
  2. Conducting formal examination to check the completeness and correctness of the received documents and notify the applicant of the results of the check. In this case, a decision may be made to accept the application for consideration or a request may be sent to supplement and/or correct the application materials.
  3. Conducting a substantive examination of the application, based on the results of which a decision is made to register or refuse registration, or a request is sent to the applicant to obtain additional materials.
  4. In case of a positive decision on registration of trademark and the applicant pays the appropriate fee, it is registered with entry into the Register of Trademarks of the Russian Federation and a certificate is issued to this effect.

When a decision is made to refuse registration of a trademark, it can be appealed by the applicant to the Chamber of Patent Disputes under Rospatent within three months from the date of receipt of such a decision.

General requirements for application materials

The application must indicate a list of goods and/or services in respect of which the trademark is registered, in accordance with International classification goods and services (ICGS).

This classification contains 45 classes, of which 35 are for goods and 9 for services.

The amount of state duty for examination of the application depends on the number of classes of the ICGS. Each additional class above one is paid with an additional state duty.

The registration application includes:

  • application of the established form;
  • a set of images of the registered technical specification;
  • description of technical specifications;
  • document confirming payment of state duty.

Cost of registering a trademark

When registering a trademark, you must pay three types of state fees, two of which must be paid when filing an application and one after Rospatent makes a decision to register the mark.

The amount of state duties may be changed periodically by Decree of the Government of the Russian Federation.

The current state fees are:

  • for registering an application for technical specifications – 2,700 rubles;
  • for carrying out a substantive examination of the designation – 11,500 rubles. + 2,050 rub. for each additional class of ICGS more than one;
  • for registration of technical specifications and issuance of a certificate for it – 16,200 rubles;
  • for renewal of registration of technical specifications for the next 10 years – 20,250 rubles.

When turning to a specialist for help, his services will need to be paid separately. The cost of such services, depending on specific circumstances, can range from twenty thousand rubles and more.

To register a technical assignment you must:

  • Determine the list of goods and services according to the classes of the International Classification of Standards for which the technical specifications will be registered.
  • Conduct a preliminary check of the designation for identity and similarity with previously registered trademarks.
  • Prepare an application, including a package of necessary documents, and send it to Rospatent.
  • It is recommended to pay two state fees at once - for registering an application and conducting an examination of it (to reduce the time of the registration procedure).
  • The status of the application's paperwork can be monitored through the official website of Rospatent.
  • It is better to entrust the preliminary check, filling out an application and conducting paperwork on it to specialists.

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