In Russia, registration of a trademark is regulatedSpecial Law No. 3520-1 of September 23, 1992. The procedure is carried out by the Federal Service for Intellectual Property, Patents and Trademarks (hereinafter referred to as the authorized body). Previously, this function was performed by Rospatent. In this article we will consider how this procedure is carried out.
Doing business with an authorized bodyis carried out independently or by means of an attorney. For Russians permanently residing abroad, or foreign citizens, cases are conducted only through attorneys. Registration of a trademark takes place in several stages:
When considering an application, a formal andexamination of the designation, after which the question of whether to register or deny the procedure is being decided. Let us dwell on each step in more detail.
This stage is held according to special rules,which were approved by the order of Rospatent on March 23, 2003. According to this document, the application for the registration of a trademark includes information:
The last point should explain what is the essence of the designation and the parameters of its identification. The characteristic includes the form, the indication of the components, the meaning as a whole and the individual parts.
In addition to the application, a receipt for payment is attachedstate duty and the charter of the collective mark. Then the package of documents is handed over, considered and registered for the trademark. The cost of the procedure for today is 8,500 rubles + 1,500 rubles for the class of the ICGS, which exceeds the first.
The package of documents is submitted in person or can be sent by post. In addition, the application is filed by fax, but with the provision of the original documents in the future. The paper is sent in duplicate.
But the image of the designation is given in fivecopies. If it assumes different colors, except black and white, five color and the same black and white images should be presented. For other documents, one copy is enough.
When the application is received by the authorized body, ita 10-digit number is assigned, where the first 4 digits represent the year, the 5th digit is the industrial property code, and the rest is the serial number. The applicant is notified of this fact. It is no longer possible to return it.
At the next stage, when the application is considered,first determine the priority. Thus, a convention priority is established if it is filed within six months after the first application of a State party to the Paris Convention.
If the trademark is placed on the officialan exhibition held in one of the member states of the Paris Convention, then within half a year from the opening day the exhibition priority is set. In the latter case, the applicant must:
A separate application can also take place. It is served on the basis of another, presented earlier. Such an application is registered at the date when the original document was filed, in case it was not withdrawn. The allotted application must be submitted even for that variant of the development of events if a dispute arises regarding the list of goods in respect of which registration of the trademark is made.
Then you can get a certificate forother goods. And about those who are in dispute, the question will be decided later. Also, the priority may be the international registration of a trademark, conducted on the basis of agreements between Russia and other countries.
This type of examination, the second name of which -"Preliminary", is done within a month from the date of submission of documents. At this time, the availability of all documents, their content and compliance with the requirements established by law is checked. Based on its results, the issue of accepting or refusing the application is decided.
Verification of the claimed designation takes placeafter a formal examination. Then the application is considered for compliance with Law No. 3520-1. Thus, the probability of identification, the ability to protect, the identity and similarity with other trademarks is determined. Examination is carried out in accordance with the Rules, which are approved by Order of Rospatent No. 32 of March 5, 2003.
Even before the decision is made, the applicant is sentnotification of what result of the audit was received. Together with him, it is proposed to give reasons for the reasons given in the notice. This will also be taken into account when a decision is made. However, the arguments must be submitted no later than six months from the time the applicant received the referral. State registration of the right to a trademark and the corresponding decision may be reviewed by the authorized body in the following cases:
If the examination of the claimed designationwas successful, it remains to pay the state fee. At present, the state registration of a trademark costs 10,000 rubles. A collective mark and a certificate for it will cost 15,000 rubles. If the receipt for payment of the state duty is not provided, then the application is withdrawn.
The certificate is issued by the authorized body within a month from the date of registration of the trademark (in Rospatent such services were rendered earlier, now FIPS is engaged in this).
Information that relates to this procedure and is entered in the Register is published within six months by the authorized body in a special publication - the bulletin.
So, we have considered what issuch procedure as registration of a trademark (in Rospatent or in FIPS - is not important). And during what period can I use a patent? It is valid for ten years. It should be remembered that the countdown is counted from the moment of filing the application, and not from the date of receipt of the certificate. The term of registration of a trademark, however, can be extended on the basis of a statement of the rightholder alone. Such a document can be submitted every ten years.
The following regulatory legal acts are the documents that guide the registration process.
If it is decided that an independent registration of the trademark will be carried out, the owner should be aware that for its implementation it is necessary to be able to answer a whole series of questions. We list them:
Next, a number of actions should be taken.
First, it is necessary to checkIdentity with the notations and signs registered to the present moment. They should be original, not similar to those that are already used. With the use of specialized databases for this work can take about 3-5 days.
Secondly, we need to determine how to register, given the similar designations and possibilities for manufacturing counterfeit products.
Thirdly, pay the state fee for filing documents, and then for the examination.
Fourthly, if you are refused registration, make a motivated answer.
Fifth, pay the state duty for issuing a certificate.
Self-registration of a trademark -the procedure is quite permissible, but complex. Therefore, many companies prefer to seek help from specialized organizations. Specialists offer the following services:
In addition, protection may be providedtrademark from unfair competition. If it is decided to apply to a specialized company, it is preliminary to inquire about it. If the organization has a wealth of experience, this will significantly protect your business project. After all, novice patent attorneys and lawyers may not bring the matter to a positive result.
In a proven organization, apart from security,will be saved up to 3 weeks time. They have a high reputation for their own reputation. Therefore, the employees will do everything they can, and the chances for the success of the event will increase significantly.
Documents can be submitted, for example, under the procedure of the Madrid Protocol and the Agreement. Such a system has several advantages. Consider them.
Let's consider briefly what is the procedure for registration of a trademark in Russia.