Registration of a trademark in Russia is a lengthy procedure. Such a step is decided by those who dream of obtaining a legal monopoly (exclusive right) on a product, service, invention, company name.
Consider the key features and conditions of trademark registration in our country.
Useful Tips
If the plans include the official registration in FIPI of your intellectual property, in this case you will have to be patient and have free time. Registration of a trademark in Russia is carried out in several ways. You can ask for help from a patent representative, entrust all problems related to this issue to him.
This option is preferred by many entrepreneurs who are aware of the magnitude of the logo design. Trying to avoid the risks associated with the registration procedure, they immediately fill out an application to the Patent Office, transferring them the right to represent their interests.
Risks in the absence of a patent
If earlier the registration of a trademark in the Russian Federation was carried out only by large companies, nowadays even small companies are striving to draw up exclusive rights to a technical invention, company name, product packaging.
Company executives are well aware that in the absence of an official document confirming the ownership of the logo, competitors will be able to use it with impunity for material profit.
Registration through a patent representative
Such registration of a trademark in Russia involves the conclusion of an agreement. According to him, the interests of the applicant will be represented by a patent attorney.
Possible risks
Why recently a growing number of entrepreneurs trying to formalize the rights to their goods and services? How to avoid problems associated with the use of the logo by unscrupulous competitors? Let us analyze the features of this procedure, as well as the "pitfalls" that arise when you independently apply to FIPI.
If it is decided to act through a patent representative, then it is necessary to conclude a contract with him for the registration of a trademark. It indicates all the main points related to the filing of documents, representation of interests (if necessary) in court.
This option is convenient in that you can minimize the risks associated with obtaining rights to your logo. A representative of a patent organization has official access to databases of trademarks that have already been officially registered with the FIPI, as well as logos that are under consideration.
If the patent representative receives a refusal to register a trademark, he will represent the interests of his client in court.
Self-registration
In this case, the registration of a trademark in Russia is carried out according to a certain algorithm. Before contacting Rospatent, it is necessary to collect a package of documents. It includes an application for registration actions, which is written according to the established model (it can be taken at the department).
Attached is a description of the logo, its photo. In order to avoid refusal from this agency to register, it is advisable to pass a check on the uniqueness of the logo. The risks for ordinary citizens are that far from all databases are open for free use. If patent representatives can conduct an audit on several closed databases at once, minimizing the risk of FIPI refusing registration due to the low uniqueness of a trademark claimed for registration, then ordinary citizens do not have such opportunities. The registration of a trademark is 10 years, then you need to re-obtain a patent.
Duration of the procedure
After the package of documents is accepted by the department, its official registration is carried out. It is from this moment (in the case of a positive decision by the Office) that a patent begins to apply.
Representatives of FIPI may request additional documents from the applicant in order to make a decision on registration (refusal of registration) of the claimed logo. The duration of the procedure is 10-12 months, so you have to be patient. The presence of a patent is a guarantee of legal protection of the company against encroachments by unscrupulous competitors.
International registration
If the company plans to conduct trading (indicating services) outside our country, you can apply for international patenting. There is a special Madrid treaty, according to which a list of countries is defined in whose territory you can count on the official legal protection of the goods or services specified in the patent. It is important to choose the right list for goods according to the international nomenclature of MKTU by filling out an application in FIPI. Otherwise, it will be difficult to count on the full protection of the uniqueness of your logo if necessary. There are significant differences between the registration procedures for trademarks in different countries. That is why the best option would be to file an international application through a patent representative who is fluent in all the subtleties.
The international application requires the same procedure as the national registration of the logo. First, it’s important to find out how unique a brand is. There are numerous databases that are checked. If you decide to carry out this procedure on your own, in this case it is difficult to count on a positive result, because not all databases are open and accessible to ordinary Internet users. The patent representative also has access to paid (closed to ordinary people) databases in different countries, so the probability of obtaining a reliable result after checking significantly increases.
Registration Benefits
Experts highlight several main advantages of the PCT application international registration procedure: with its help, you can restrict the filing of one application without spending material resources on several applications. The document is executed in the language that is expected immediately in all countries that have signed a cooperation agreement. If there were no Madrid Treaty, in this case, it would be necessary for each country to make its own separate application, moreover, in the language of the country, that is, it would be necessary to look for a professional translator, spend additional money. The duration of registration for an international application is 18 months, then a decision is made on the issuance of a certificate confirming exclusive rights to a trademark.