Trademark registration

Registration of the trademark allows the company to obtain legal guarantees of the inviolability of intellectual property from the state. After registration of rights in Rospatent, unauthorized use of the logo and brand name is prosecuted. The registration procedure is carried out according to the established regulations, 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 represented as an image, title, slogan, or other forms chosen by the intellectual property owner. The owner of exclusive rights to a commodity brand can be a legal entity or individual entrepreneur, as indicated by Art. Article 1477-1478 of the Civil Code of the Russian Federation, individuals cannot have a TA.

What you need a trademark 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 the hallmark of the business, but only after registration of the SOW the owner becomes the legal copyright holder and can count on the state to protect its interests.

Expert opinion Meldir Yerbulekova, Managing Partner of Amigdal Law Firm:

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

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

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

The best option will be to contact the relevant 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 registration of a trademark will be accepted for consideration immediately and without comments.

Optional: More information about# open registration of the trademark, the cost and timing of the service is provided on the official website of the company.

What is registered as a trademark

The rules establish that the submitted TA should belong to one of seven types:

• verbal (abbreviation, words);
• graphic (graphics, figure);
• combined ( combination of letters and drawing);
• 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 the creation of the logo, brand and brand of the company. The agreement between them must exclude possible disputes over the subsequent copyright. A conflict of interest may make it difficult to register a trademark (TM) with Rospatent of Russia.

Advantages of trademark registration

Registration of a sign is not a prerequisite for its use. However, after the trademark registration has passed, 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 user trust is increased, since the sign is a guarantee of the absence of counterfeit and product quality. After the trademark is registered in Russia, the copyright holder gets the opportunity to offer a franchise and other license agreements to those wishing. Obtaining official recognition of the SOW increases the value of the assets of the business structure, helps to defend its interests in litigation with violators of rights.

The brand can be issued by the owner himself, his representative or patent attorney. When the procedure for registering a sign is entrusted to a specialized company with experience in working with issues of intellectual rights, the receipt of a Rospatent certificate takes place from the first appeal.

Amigdala provides services in the field of intellectual property and related rights. Brand registration in Russia and abroad, protection of the interests of copyright holders in pre-trial and court disputes are only some areas of the company's activity. Our specialists will be able to complete tasks of any level of complexity, including restoring, renewing or revoking the exclusive trademark. We will inexpensively draw up official appeals, petitions and conduct correspondence with Rospatent and other structures, protect against counterfeit and illegal actions of third parties. The assigned tasks are solved by legal methods in exact accordance with contractual 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 details of the requisition during the inspection period, the period is automatically renewed. The cost of services for February 2022 is:

• RUB 3,500 - acceptance of the application and formal examination;
• RUB 11,500 - examination on the merits;
• RUB 16,000 - entry in the federal register;
• 2,000 RUB - obtaining a certificate.

The rules allow you to apply for SOW in several classes of MCTU. 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 cost of paying off state duties is reduced by 30%.

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

• number of MCTU classes;
• due date (standard or accelerated);
• need for pre-inspection.

You can clarify the costs and timing of registration of the trademark by calling the site or in the form of feedback. You will be explained how to register your brand the first time, and what should be done to do so.

How to register a trademark quickly

Accelerated registration of the trademark takes about 2 months. If there are no deviations during the request check, it is possible to speed up the procedure. The registration procedure is similar to the standard procedure, but you will need to pay the state duty, taking into account the urgency of the work. Finding matches takes 10 days, in the absence of similar or identical records, an accelerated check in essence begins. If the owner of the brand decides to use this option, then the lawyers of Amigdala will undertake the task in full.

Trademark Registration Steps

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

1. The classes of the MCTU are selected, which correspond to the declared trademark. 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 registration.
2. A list of documents established by Rospatent is being prepared: an application, a designation of the declared TA with a detailed description and classes of the ICTU, according to which registration actions are required.
3. Payment of the state duty for conducting a formal examination and on the merits. 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 website of the Public services, by e-mail or mail.
5. Conduct examinations: formal (for the absence of errors in documents) and essentially (checking the uniqueness of the 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. The answers to the requests of the FIPS to clarify the details must be provided by the applicant. 3 months are allotted for correspondence, for this time the registration dates are shifted.
7. Pay a fee for entering data into the register, publishing information in the bulletin and issuing a certificate.

Important! Currently, registration of the logo is completed by providing a certificate in electronic form. To receive a hard copy 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 extend the right an unlimited number of times. The maximum extension period will also be 10 years, the procedure will take 60 days. You will need to send an application in a standard form to Rospatent, in case of missing deadlines, file a petition.

FAQ

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

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

What to do if the registration of the SOW is rejected?

If the grounds given by the registrar do not suit, you can contact the Patent Disputes Chamber. In other cases, the comments should be corrected and the application should be prepared again.

Is it possible to register a trademark abroad?

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

2025: Rospatent launches service for simplified trademark registration

The new service "Trademark Registration" has been launched on the МСП.РФ platform for small and medium-sized businesses, which will allow entrepreneurs to issue trademarks in a simplified manner without the need to go beyond the digital environment. The Federal Service for Intellectual Property (Rospatent), together with the SME Corporation, announced the start of the project on February 26, 2025. Read more here.

2022: Vladimir Putin allowed self-employed to register trademarks

On June 29, 2022, it became known that Russian citizens, officially registered in the status of "self-employed," can now independently register trademarks. The law was signed by President Vladimir Putin. Read more here.