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Moscow, Russian Federation (RU)

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10-05-2017 (Newsletter Issue 17/17)
Official Fees Slightly Soon Increased
On September 29, 2017, the Russian Federal Service for Intellectual Property (Rospatent) published the revised schedule of patent and trademark fees.

The official fees for trademark-related matters have not increased significantly, but the amendments include an additional fee for each class over five for trademark filing, registration and renewal.

As of October 6, 2017, the official fee for filing a trademark application is RUB 3,500 for up to five classes and 1,000 for each additional class (if more than five classes are requested). The new examination fee is RUB 11,500 for one class and RUB 2,500 for each additional class. The official fee for registration of a trademark is RUB 16,000 for up to five classes and RUB 1,000 for each additional class (if more than five classes are requested).

Also, the fee payment deadline was shortened from four to two months after the notification date.

Source: www.petosevic.com


05-17-2017 (Newsletter Issue 9/17)
Accession to Hague System for the International Registration of Industrial Designs
On April 3, 2017, President Vladimir Putin signed the law on ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

Russia signed the Geneva Act on July 6, 1999, but has not completed the domestic procedures necessary to adopt it as an international agreement of the Russian Federation.

Now, finally, after 18 years, the agreement has been ratified and after complying with formalities Russia will become a party to the Hague System for the International Registration of Industrial Designs.

The law on ratification will enter into force on October 1, 2017. After this WIPO will be notified of the ratification, and in 3 months the Russian Federation may be designated in international applications for registration of industrial designs. This may be expected soon but not earlier than January 1, 2018.

For more information, please see here

Source: Law Firm Gorodissky & Partners, Russia


12-06-2016 (Newsletter Issue 22/16)
Trademark Opposition System Considered
In June 2016, the Russian Patent Office (PTO) announced the beginning of public discussions on the introduction of the trademark opposition system in Russia. The main goal is to shorten the trademark registration process from the current 12-18 month period to 6-12 months.

The proposed trademark opposition procedure stipulates that, once a trademark application is received, the Russian PTO conducts a formal examination on absolute grounds within 3 months of receiving the application and if no absolute grounds for refusal are found, the application is published so that third parties can file oppositions, within the next 3 months.

If nobody objects to the application, the registration process continues; if an opposition is filed and the parties fail to reach an agreement within 6 months, the examiner considers the opposition and issues the final decision.

The current trademark legislation already provides for certain elements of the opposition procedure, as anyone may file a written notice against any published application before the issuance of the final decision.

The public discussion on the new procedure is still ongoing.

Source: www.petosevic.com


06-14-2016 (Newsletter Issue 11/16)
Cease and Desist Letters Mandatory Before Infringement Lawsuits
Russia has recently amended the regulations that govern the procedures in economic courts.

As a result, as of June 1, 2016, the claimants have to first submit a cease and desist letter, i.e. apply the out-of-court procedure, and then wait for 30 days before filing a court action.

Before this change, cease and desist letters were not mandatory before initiating infringement proceedings. Now, if a claimant files a court action without sending out a cease and desist letter or before the 30-day period expires, the court action will not be considered.

The new procedure applies to all IP matters with the exception of non-use cancellation actions.

Source: www.petosevic.com


12-08-2015 (Newsletter Issue 19/15)
New Administrative Rules for Well-Known Trademarks
On October 13, 2015, new administrative rules on declaring trademarks well known entered into force in Russia.

The main change concerns the prescribed time limit for the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) to determine whether a trademark is well known. While there used to be no time limit, under the new rules, this term is maximum 10 months from the date of application for recognition of a well-known mark through administrative proceedings.

Source: www.petosevic.com


04-16-2014 (Newsletter Issue 7/14)
Civil Code Amendments to Impact IP Regulations
The Russian Government has adopted a set of Civil Code amendments which will significantly affect the Intellectual Property sphere. These amendments will enter into force on 1 October 2014.

Below is a summary of the main trademark-related amendments:
A request for the state registration of an assignment, license or pledge substitutes the registration of an assignment/license/pledge agreement. In this sense, the Russian legislation will be brought in line with the Singapore Treaty on the Law of Trademarks. It will be possible to file a request and supplement it with either a notification signed by both parties or a copy/extract of the agreement (Art. 1232).

If the exclusive license is granted, the licensor has no right to use an IP right in the same way as granted to a licensee unless otherwise agreed on in the license agreement (Art. 1236).

Under current regulations, the IP owner does not need to prove the fault of the infringer in civil proceedings. In administrative proceedings, it depends on the case and the court, while in criminal proceedings there is a need to prove fault in all circumstances. Under the amendments, the IP owner will have to prove the fault of an infringer, particularly physical persons. Legal entities and individual entrepreneurs will be liable for IP infringement, even if their fault is not proven, unless the infringement arises as a result of vis major (Art. 1250).

The scope of protection for industrial designs will be based on their images, and not on the list of their essential features (Art. 1358).

The Russian PTO will conduct substantive examination of utility model applications, instead of using the current utility model registration system (Art. 1390).

Registration of a trademark in respect of similar goods and services is prohibited if it contains company name, trade name or commercial designation of another person (Art. 1483). Currently, a third party is entitled to base its cancellation action on the company name right, whereas the examiners at the Russian PTO cannot use that provision during the trademark examination. As soon as the new version of the Civil Code comes into effect, the examiners at the Russian PTO will be able to issue office actions or decisions on the basis of prior company names, trade names or commercial designations.

Observations are officially mentioned in the new version of the Russian Civil Code. According to Art. 1493, any person can file an observation in relation to any published trademark application before the issuance of the final decision.

The term for filing an appeal against a decision in a trademark application grant procedure will be 4 months from the date of its issuance, instead of 3 months from the date of its receipt, as the law currently prescribes (Art. 1500).

Source: www.petosevic.com


11-18-2013 (Newsletter Issue 16/13)
Fee Calculator Service Launched
The Russian Patent Office has launched the new service “Calculator of Intellectual Property objects fees” on its website. The service is in a development stage and works in the test mode. Users can already use it. However, currently it is available in Russian only.

The fee calculator can be accessed here

Source: Mikhailyuk, Sorokolat & Partners, Ukraine


09-02-2012 (Newsletter Issue 13/12)
Official Fees Increased
New regulations concerning registration of intellectual property have come into force on August 22, 2012, due to the ratification of the Marrakesh Agreement by the Russian Parliament and the further accession of Russia to the World Trade Organization.

The official fees have become uniform for both Russian residents and non-residents, and some of the official fees are changed.

The trademark fees have been raised for foreign applicants. The new official fee for filing a trademark application in one class is RUR 2,700 (about EUR 66) plus RUR 2,050 (about EUR 50) for each additional class.
The official fee for registration of a trademark is RUR 16,200 (about EUR 388), irrespective of the number of classes.

Source: Patentica LLP, Russian Federation


02-07-2012 (Newsletter Issue 2/12)
IP Court to Be Established
On November 29, 2011, the Federation Council (upper chamber of the Federal Assembly ‐ Russian parliamentary body) approved the Federal constitutional law forming a court on intellectual property, sometimes refered to as the "patent court".

Under the new law drafted by the Supreme Commercial Court, the patent court should start no later than February 1, 2013. The law defines the court as a specialized commercial court that will consider disputes involving the protection of infringed or contested rights to intellectual property as a first-instance and cassation court. For a time it will be the only patent court in Russia – establishment of the lower courts is yet planned.
Currently all disputes of this sort fall under jurisdiction of the courts of general jurisdiction and the state arbitration courts, depending on the legal status of the litigants. All the cases pending before the courts of general jurisdiction at the time when the patent court begins to work must still be completed in the very same court that initiated the process.

Source: Patentica LLP, Russian Federation


04-03-2010 (Newsletter Issue 9/10)
Extension of the .РФ Domain Registration Period
The priority period for registration of the .РФ domain was due to end on 25 March after which the exploitation of the newly registered domain names would have begun. However, just a day before the deadline, it was agreed to extend the period of priority registration until 11 May 2010 due to an extensive amount of administrative queries from various organisations, wishing to reserve some domain names. The Coordinating Centre (responsible for formulating the rules related to registration of domain names .RU and .РФ) did not clarify whether the already registered domain names will become active at the end of the extended priority period or at the originally promised end of March/beginning of April.

Source: www.marques.org

03-02-2010 (Newsletter Issue 8/10)
Cyrillic Domain Passes ICANN String Evaluation
On January 21, 2010, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that Russia, Egypt, Saudi Arabia and the United Arab Emirates are the first four countries to meet a specific set of linguistic and technical requirements required under the ICANN’s IDN (Internationalized Domain Name) ccTLD Fast Track String Evaluation.

For more information please click here


Source: www.petosevic.com

02-16-2010 (Newsletter Issue 7/10)
Singapore Treaty Enters into Force
As reported by the World Intellectual Property Organization (WIPO), on September 18th, 2009 Russia ratified the Singapore Treaty on the Law of Trademarks, adopted in Singapore on March 27th, 2006. The treaty entered into force on December 18th, 2009.

Source: www.petosevic.com

12-07-2009 (Newsletter Issue 5/09)
Priority Registration of Cyrillic Domain Names Started
On November 25th, 2009, priority registration started for Cyrillic domain names in the name of trademark owners.

Domain name in the Top Level Domain .rf can consist of the symbols of Cyrillic alphabet, figures, hyphen; it also shall reproduce a trademark registered in the Russian Federation via national or international procedures. The trademark which is a basis for the domain name in .rf TLD also shall be in Cyrillic and be valid on the date of filing a domain name application with the Russian Naming Authority.

The domain name application shall be supplemented with
- copy of trademark certificate (if the applicant refers to International Registration, it is necessary to file a certificate confirming that it is valid in Russia);
- copy of the legal entity or entrepreneur registration certificate.

Documents shall be stamped with company seal, if any.

Priority registration of Cyrillic domain name ends on March 25th, 2010.



Source: www.liapunov.com

Legal basis is part IV of the Russian Civil Code, which came into effect on January 1st, 2008 and substituted all existing IP Laws.
The Russian Federation is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademarks which were protected in the former Soviet Union will be also protected in the Russian Federation.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging, holograms, sounds, smells and movement marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at Federal Institute of Industrial Property.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient for a local trademark attorney.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 12 to 14 months.
The trademark application is published in the official Bulletin, issued twice per month.
National:
Russian law contains no provisions governing formal opposition against pending applications.
However, Rospatent publishes the details of trademark applications in its official bulletin; after publication but prior to making a decision on trademark registration, any person is entitled to file with Rospatent written objections specifying the reasons for rejection of the registration; the aforesaid objections are then taken into account during the examination of the application (amended Articles 1493 and 1499 of the Civil Code, in force since Oct 1, 2014). The opposition procedure is not a substitute for but supplements, the examination of the trademark application, which is conducted by Rospatent.

Oppositions against registered trademarks based on relative grounds (them being similar or identical to other persons' trademarks having an earlier priority) may be filed at the Chamber of Patent Disputes of the Russian Patent and Trademark Office within 5 years from the publication date of the registered trademark. Oppositions based on all other grounds stipulated by the Russian legislation are not restricted by any deadline. This means, that in case, e.g. violation of company name or misleading nature of the trademark is claimed, a trademark can be revoked within the whole time it is in force.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting the day after the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration or has later not been used for 3 years continuously, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
As of October 6, 2017, the official fee for filing a trademark application is RUB 3,500 for up to five classes and 1,000 for each additional class (if more than five classes are requested). The new examination fee is RUB 11,500 for one class and RUB 2,500 for each additional class. The official fee for registration of a trademark is RUB 16,000 for up to five classes and RUB 1,000 for each additional class (if more than five classes are requested).

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 420,00 € 130,00 € 
Word Mark Search (identical) 390,00 € 110,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
06-06-2016
Mikhailyuk, Sorokolat and Partners, Moscow, Russian Federation  

03-17-2016
Patentica LLP, St. Petersburg, Russian Federation

06-20-2013
Patentica LLP, St. Petersburg, Russian Federation

11-06-2012
Mikhailyuk, Sorokolat and Partners, Moscow, Russian Federation  

06-15-2011
Agency Tria Robit, Riga, Latvia

11-18-2010
PAG-E-PAG, Minsk, Belarus  

11-16-2010
ARS-Patent, St. Petersburg, Russian Federation

11-01-2010
Mikhailyuk, Sorokolat and Partners, Moscow, Russian Federation  



Mikhailyuk, Sorokolat and Partners



Anna Mikhailyuk

Vadim Mikhailyuk
11 1st Magistralny Tupik
Business Center "The Yard"
stroenie 1, off. 7
Moscow 123290
Russian Federation
Tel +7 495 981 82 45
Fax +7 495 781 66 03
moscow@mikhailyuk.com
www.mikhailyuk.com

MIKHAILYUK, SOROKOLAT & PARTNERS is a full service Intellectual Property law firm established in 1992. For more than 20 years of development the firm built up an excellent team of more than 100 IP professionals and has acquired the highest reputation due to our high quality services.

We provide our clients with a full range of trademark, patent and legal services in the key areas of intellectual property in the countries of the former Soviet Union, namely in Russia, Ukraine, Kazakhstan, Georgia, Uzbekistan, Armenia, Azerbaijan, Belarus, Estonia, Kyrgyzstan, Latvia, Lithuania, Moldova, Turkmenistan, Tajikistan.

Eurasian Patent Organization (EAPO)
M.Cherkasskiy per. 2
109012 Moscow
Russian Federation
Tel +7 495 41 16 15 0
Fax +7 495 62 12 42 3
Mail hotline@eapo.org
www.eapo.org

Federal Service for Intellectual Property, Patents and Trademarks (Rospatent)
30-1 Berezhkovskaya nab.
Moscow G-59, GSP-5
123995
Russian Federation
Tel +499 240 60 15
Fax +499 243 33 37
www1.fips.ru

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int