A La Carte Package
In the A La Carte Package, you follow a step-by-step online questionnaire designed by world-class trademark attorneys at leading law firms. Once the online questionnaire is finished, Trademarkia will get it into the right hands at government trademark office, so all processes will be performed in a timely manner.
An experienced international trademark specialist in Russian Federation will coordinate with foreign counsel. You will pay as you go, meaning that
whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable,
this modular approach allows you to budget as your business and brands develops over time.
About LegalForce/Trademarkia
Trademarkia (LegalForce, Inc.), is one of the largest trademark search engines in the world. You can file and register your trademark in 170+ countries in the world through Trademarkia, including in the United States, China, Japan, the European Union, Korea, and many others. With the A La Carte Package, you follow step-by-step online legal form designed by world class global trademark attorneys at leading law firms; and LegalForce does the rest. It's easy and the protection lasts indefinitely in most countries.
It's easy and the protection lasts indefinitely in most countries
Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce is superior to other options >>
Automated reminders keeps you up to date
Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.
Background
The economic crisis that struck all post-Soviet countries in the 1990s was nearly twice as intense as the Great Depression in the countries of Western Europe and the United States in the 1930s. Even before the financial crisis of 1998, Russia's GDP was half of what it had been in the early 1990s. Since the turn of the century, rising oil prices, increased foreign investment, higher domestic consumption and greater political stability have bolstered economic growth in Russia.
The country ended 2007 with its ninth straight year of growth, averaging 7% annually since 1998. In 2007, Russia's GDP was $2.076 trillion (est. PPP), the 6th largest in the world, with GDP growing 8.1% from the previous year. Growth was primarily driven by non-traded services and goods for the domestic market, as opposed to oil or mineral extraction and exports.
Who May Apply?
An applicant may file an application with the Russian Patent and
Trademark Office directly or through a registered patent attorney.
Foreign applicants must apply only through a registered patent attorney.
A legal entity or a person who is registered as an individual entrepreneur
may be the owner of the exclusive rights in a trademark.
What Can Be Registered?
Word marks, design marks, three-dimensional marks or other
marks capable of distinguishing goods, as well as a combination of
these elements, can be registered. Based on the above wording of the new Law, it appears that
acoustic, light, smell etc. marks can also be registered; however, it is
not yet clear how the Russian Patent and Trademark Office will treat
such applications.
A trademark that is registered or even not registered in the Russian
Federation but is well-known with regard to certain types of
goods among respective consumers in the Russian Federation, may be
granted a well-known status upon decision of the Chamber on Patent
Disputes. A well-known status gives a trademark the same protection
as for other registered trademarks. The well-known status also gives
the owner protection against unauthorized use of the mark or designation
confusingly similar thereto with respect to unrelated goods, if
such use may mislead consumers.
What Cannot Be Registered?
The following designations cannot be registered as trademarks:
1. Designations that lack distinctiveness or consist merely of the
elements:
commonly used for designation of goods of a definite kind
generally accepted symbols and terms
descriptions of goods, in particular, indicating the type, quality,
quantity, properties, purpose, value, as well as the venue, time
and way of manufacture or sale of goods
representing the form of goods which is exclusively or mainly
determined by the properties or purpose of goods
The above elements may be incorporated in a trademark as unprotected
elements, unless they dominate therein. The above provisions
shall not apply to the designations, which have become distinctive as
a result of their use.
2. Designations which consist only of the elements representing
national coats of arms, flags and other state emblems, abbreviated or
full names of international intergovernmental organizations, their
coats of arms, flags and other emblems, official countermarks, warranty
marks and hallmarks, stamps, awards and other decorations, or
designations so similar to them that it may cause confusion. Such elements
may be incorporated into a trademark as unprotected ones,
provided an appropriate competent authority has given its consent.
3. Designations representing or containing the elements:
that are false or capable of causing confusion among consumers
with respect to a product or the manufacturer thereof
that are contrary to the public interest, humanitarian or moral
principles
4. Designations that are identical or confusingly similar to the official denominations or images of especially precious cultural heritage
units of peoples of the Russian Federation or of world cultural or natural
heritage, as well as to images of cultural valuables kept in collections
and funds, if such registration is requested in the name of the
persons who are not owners (possessors) thereof and have not obtained
the consent of the ownerslor of the persons authorized by the owners,
to registration of such designations as trademarks.
5. Designations representing or containing the elements, which are
protected in one of the member states to an international treaty to
which the Russian Federation is a part of, as designations identifying
wines or alcoholic drinks as originating from the territory (produced
within the boundaries of a geographic unit of this state) and having a
special quality, reputation or other properties which are mainly
determined by their origin, if the trademark is intended for designating
wines and alcoholic drinks which do not originate from the territory
of this geographic unit. - - -
6. Designations that are identical, or confusingly similar to:
a trademarks of other persons for which registration has been applied
(if applications for them are not withdrawn) or protected in
the Russian Federation, as well as under an international treaty
of the Russian Federation, for homogeneous goods and which
have earlier priority
a trademarks of other persons recognized in the procedure
established by the Law as famous trademarks for homogeneous
goods in the Russian Federation
7. Designations that are identical or confusingly similar to appellations
of origin, except for cases where these designations are
incorporated as unprotected elements into the trademarks to be
registered in the name of the person who has the right to use such appellations
of origin.
8. Designations that are identical to:
a a firm name (or its part) for homogeneous goods, an industrial
design or certification marks, protected in the Russian Federation,
other persons' rights to which have risen in the Russian
Federation before the priority date of the trademark to be registered
a the title of a work of science, literature or art, a character or
quotation from such work, a work of art or a fragment thereof,
which are known in the Russian Federation on the date of filing
an application, without the consent of the copyright owner or the
legal successor thereof, if the rights to these works had risen
prior to the priority date of the trademark to be registered
a a surname, first name, pseudonym and a designation derivative
thereof, a portrait and facsimile of a person, who is known on the date ,of filing an application, without the consent of the latter or
of the heir
Rights
Third
parties may file a non-use cancellation request against a mark if it
has not been used in commercial sale during the three years following
the date of registration.
Filing Requirements
Application, in the Russian language, filed by an applicant or by a
registered patent attorney. Note that the applicant is permitted to
submit a Russian translation within two months after the filing of the
application with the Russian Patent and Trademark Office.
Convention: an application can claim the priority of the first application
in another Member State of the International Paris Convention,
if it is filed not later than six months after the first application
was filed.
Evaluation & Review
Applications are examined by the Russian Patent and Trademark
Office in two stages: the preliminary phase and the substantive examination. Within one month of the application, the Patent and Trademark Office
examines it to determine whether all necessary documents have
been filed and whether they are in compliance with the legal requirements.
If the application is accepted for further examination, a priority
date will be assigned and the applicant will be notified.
Thereafter, the Patent and Trademark Office will verify whether
there are any applicable grounds of refusal.
Tk;e Russian Patent and Trademark Office may request additional
information andlor materials during the examination process. The applicant
has two months to respond; this time period is extendable up
to six months upon receipt of the applicable fee.
Within one month after the mark is registered, a certificate of
registration is issued and sent to the applicant.
In the event the application is rejected, the applicant has three
months to file an appeal with the Chamber on Patent Disputes of the
Russian Patent and Trademark Office.
Duration
Registration is effective for ten years from the date of filing, and can
be renewed each time for additional 10-year periods.
Use
The owner of a registered mark is entitled to use the mark. Third
parties may file a non-use cancellation request against a mark if it
has not been used in commercial sale during the three years following
the date of registration.
Domain Names
No provision
Enforcement
No provision.