Trademark Registration

Registration of the trademark allows the company to obtain legal guarantees of intellectual property inviolability from the state. After registering rights in Rospatent, unauthorized use of the logo and brand name is prosecuted by law. The registration procedure is carried out according to the established rules, after which only the copyright holder will be able to use the company logo everywhere.

What is a trademark

A trademark (TK) is a unique designation that allows you to distinguish a company from among competitors and make it recognizable in a social environment. The trademark may be in the form of an image, name, slogan or other forms selected by the intellectual property owner. A legal entity or IP may become the owner of exclusive rights to a commodity brand, as indicated by Art. Article 1477-1478 of the Civil Code of the Russian Federation, individuals cannot have a TA.

What a trademark is needed for

Any business structure needs its trademark so that consumers can accurately identify the goods, services and works offered. At the same time, the brand is an effective communication tool for attracting customers and expanding the field of activity. If you register a trademark, then it becomes an object of state protection. Its logo is a business hallmark, but only after registering a TK does the owner become the legal owner and can count on the state to protect their interests.

Opinion of expert Meldir Yerbulekova, Managing partner of Amigdala Law Firm:

If your company has an original name, brand or logo, then sooner or later it will interest competitors. When development prospects emerge, and the structure begins to make a profit, it is time to think about consolidating the rights to its intellectual property. Registration of the company's trademark will stop the illegal claims of competitors.

What is trademark registration

To legalize and obtain the legal status of your trademark, you must contact Rospatent. The state structure maintains a register in which, after verification, accounts are entered for each existing TA or service sign. Before submitting a package of documents for registration of a trademark in Rospatent, it is necessary to check for the absence of the same mark in the registry.

Rules prohibit registration of a sign if a similarity is found with an object that is close in meaning or written already in the registry. If Rosreestr employees have questions about the filling out or substance of the application, then the terms of consideration are shifted for the period of official correspondence with the applicant.

Important! Re-appeal, in order to register the trademark after corrections, will require to pay the state duty again in full.

The optimal option will be to contact the specialized specialists of Amigdala, who will perform the turnkey TM registration procedure. At the initial consultation, patent attorneys will explain the current requirements of Rospatent. A professionally prepared application for trademark registration will be accepted for consideration immediately and without comment.

Additionally: More information about# open trademark registration, the cost and the timing of the service is available on the company's official website.

What is registered as a trademark

The rules established that the SOW submitted for consideration should belong to one of seven types:

• verbal (abbreviation, words);
• pictorial (graphic, figure);
• combined (combination of letters and figure);
• volumetric (packaging in three-dimensional format);
• color (unique combination of colors);
• sound (new melody);
• tactile (for the visually impaired).

As a rule, invited specialists work on creating the logo, brand and brand of the company. The contract between them should exclude possible disputes over subsequent rights. Conflict of interest may make it difficult to register a trademark (TM) in Rospatent of Russia.

Benefits of trademark registration

Registration of a sign is not a prerequisite for its use. However, after the registration of the brand, the sign becomes a protected object. At the same time, the risks of financial losses from unauthorized use by competitors are significantly reduced. The level of trust of users increases, since the sign is a guarantee of the absence of counterfeit goods and product quality. After a trademark is registered in Russia, the copyright holder gets the opportunity to offer a franchise and other license agreements to those who wish. Obtaining official recognition of TK increases the value of the assets of the business structure, helps defend their interests in legal disputes with violators of rights.

The brand can be issued by the owner himself, his representative or patent attorney. When the registration procedure for the sign is entrusted to a profile company with experience in dealing with intellectual rights issues, Rospatent's certificate comes from the first appeal.

Amigdala provides services in the field of intellectual property and related rights. Brand registration in Russia and abroad, protecting the interests of copyright holders in pre-trial and court disputes are only some areas of the company's activities. Our specialists will be able to perform tasks of any level of complexity, including restoring, renewing or revoking the exclusive right to the trademark. We will inexpensively compile official appeals, petitions and conduct correspondence with Rospatent and other structures, protect against counterfeiting and illegal actions of third parties. The tasks set are achieved by legal methods in exact accordance with treaty obligations.

Term and cost of trademark registration

Brand registration is carried out in several stages and takes 18.5 months. If there is a need to refine the requisition details during the inspection period, the period is automatically extended. The cost of services as of February 2022 is:

• 3,500 rubles. - acceptance of the application and passing of a formal examination;
• 11,500 rub. - conducting an examination on the merits;
• RUB 16,000 - entry into the federal register;
• 2,000 rubles. - Receiving a certificate.

The rules allow you to apply for TK in several classes of MKTU. With an increase in the number of classes, the payment of state duty increases.

Important! If the application is sent to Rospatent in electronic form, then the costs of paying state duties are reduced by 30%.

You can calculate the necessary costs using an online calculator on the Amigdala website. You will need to enter the following data:

• number of MCCS classes;
• due date (standard or expedited);
• the need for pre-inspection.

You can specify the costs and terms of registration of the trademark by phone site or in the form of feedback. You will be explained how to register your brand for the first time, and what to do for this.

How to register a trademark faster

Accelerated registration of the trademark takes about 2 months. If no deviations are found during the inspection of the requisition, it is possible to speed up the procedure. The procedure for registration is similar to the standard procedure, but it will be necessary to pay the state duty, taking into account the urgency of the work. It takes 10 days to search for matches, and if there are no similar or identical records, a fast-track check begins. If the brand owner decides to use this option, then Amigdala lawyers will take over the task in full.

Trademark Registration Steps

How to register a brand in a permissible short time - know the specialists of the company "Amigdala." The algorithm of actions and necessary steps will be explained at a consultation before the conclusion of the contract.

1. Select the MCTU classes to which the claimed trademark corresponds. In total, 45 classes are allocated in the international classifier of goods and services. You can select an unlimited number of classes, which affects the cost of decoration.
2. The list of documents established by Rospatent is prepared: a statement, the designation of the claimed TA with a detailed description and the classes of the MKTU, for which registration actions are required.
3. Payment of the state duty for formal examination and substance. It is possible to transfer to the budget in two stages.
4. Submit documents to Rospatent. How to do it, the applicant chooses: through the State Services website, by e-mail or mail.
5. Conduct of examinations: formal (for absence of errors in documents) and essentially (check of uniqueness of registered logo of the organization). The first check lasts up to 6 months, the second will require a longer period - up to 1-1.5 years.
6. Responses to FIPS requests for details must be provided by the applicant. 3 months are allotted for correspondence, the registration dates are shifted for this time.
7. Pay fees for entering data into the register, publishing information in the bulletin and issuing a certificate.

Important! Currently, the registration of the logo is completed by providing a certificate in electronic form. To receive a paper document, you must submit a standard request.

How much the trademark is valid and how to extend the term

Registration of a trademark in Moscow and the Russian Federation remains legally significant for 10 years. It is possible to further renew the right an unlimited number of times. The maximum extension period will also be 10 years, the procedure will take 60 days. It will be necessary to send the application in the standard form to Rospatent, if the deadlines are missed, submit a petition.

FAQ

Trademark, trademark, brand. What's the difference?

Trademark is a Russian legal term, trademark is a name adopted abroad, brand is an abstract concept used by marketers.

What if a TK registration is rejected?

If the grounds given by the registrar are not satisfactory, you can contact the Patent Chamber. In other cases, the comments should be corrected and the application should be resubmitted.

Can I register a trademark abroad?

Yes, for this purpose they apply to the patent office of a foreign state or register under the Madrid system.