A trademark is a means of identifying a product, drawing attention to it, its manufacturer or seller. By registering a trademark, one can obtain an exclusive right to it, which will be protected by law.
A patent is a document certifying the priority of an invention, utility model or industrial design, authorship and the exclusive right to them.
Sanctions for copyright infringement in both cases are stipulated in Paragraph 8 of the Civil Code of the Russian Federation.
The registration of trademarks and the granting of patents is the responsibility of Rospatent. These services are subject to a fee.
How to register a trademark
In the capacity of a trademark there can be text and images, their combinations in one or more colors. The requirements that should be taken into account when choosing a designation are set out in Article 1483 of the Civil Code of the Russian Federation. As stated in paragraph 6 of Article 1252, if two trademarks are identical or are so similar that the difference between them is difficult to determine and this may cause questions among counterparties and consumers, the advantage is given to the trademark which was registered first.
The registration procedure is established by part 3 of paragraph 2 of Chapter 76 of the Civil Code and the Order of the Ministry of Economic Development № 483 of 20.07.2015. Rospatent conducts an examination of the designation itself and the attached documents, registers the mark in the State Register and issues a certificate to the applicant for it. According to Article 1481 of the Civil Code of the Russian Federation, it proves the priority of the trademark and gives the holder the exclusive right to put it on the goods listed in the certificate. The document is issued in electronic form, but the applicant may also receive a paper version if desired.
The trademark is first registered for 10 years. Then the exclusive right to it can be renewed time after time.
It is also possible to register a trademark internationally. To register a trademark internationally, you will also need to file an application with the Russian PTO.
How to obtain a patent
One also needs to apply to Rospatent for a patent. The application must be accompanied by documents, the requirements to which – depending on the object – are approved by orders of the Ministry of Economic Development № 316 of 25.05.2016, № 695 of 30.09.2015 and № 701 of 30.09.2015. Rospatent conducts examination of the application in accordance with the established procedure and based on its results makes a decision to grant a patent or refuse the applicant. The decision is made taking into account the conditions set out in Articles 1350 and 1351 of the Civil Code of the Russian Federation.
Article 1363 of the Civil Code of the Russian Federation establishes the terms for patent granting:
- for industrial designs – 5 years;
- for utility models – 10 years;
- for inventions – 20 years;
After expiration of the abovementioned terms the patents can be extended and the number of extensions is not limited.
What we offer
We will assist in obtaining both state services:
- Provide a list of documents you must collect;
- We will help in drawing up a technical description and a drawing;
- We shall support you in the process of confirmation of the uniqueness of the object of patenting;
- We will provide support no matter where the trademark registration takes place – in Russia or worldwide.
