FAQ

The search is done in the first place:

• Before assigning the sign to the product or before rendering service using the sign in order to make sure there will be no trademark infringement (hence no basis for complaint).
• Prior to filing the trademark registration in order to estimate the possibility of getting the trademark protection. In case potential problems (i.e. existing trademarks) are revealed appropriate actions can be taken to resolve them.
• During development of marketing strategies, rebranding, etc to exclude frequently used signs;
• For mergers and acquisitions to make sure all trademarks are accounted for.

According to Russian law not all signs can be registered as trademarks. For example, the following signs can not be registered as trademarks:

1. not distinguishable
2. false or capable of misleading the customer
3. consisting only of elements that are generally accepted symbols for some sort of goods and so on.

Our expert will perform protectability analysis to determine if your sign complies with the requirements of the law. In case of potential problems recommendations will be given how to correct them and, thus, to increase the chances for registration. 

Any interested person can order a search in trademark database (in Russia it is Rospatent database). One needs to forward there a request with sign specification and a list of classes for which the search is requested.

However, the main problem is not getting the results from the database but their interpretation. At this stage we recommend consulting with the specialist in order to avoid erroneous interpretation of the search results.

The time limit depends on the type of trademark (word, figurative or combined) as well as the type of the search (express, full or extended).

The existance of earlier trademarks and trademark applications is not always the insurmountable obstacle for registration of your trademark. Very often an agreement can be reached with the owners of earlier trademarks and trademark applications mentioned above or the problem can be solved through the court.

On average a trademark registration takes from 1 year to 1.5 years. It depends on different factors starting from the number of applications in Rospatent to the volume of communication with Rospatent.

Duration of standard trademark is 10 years (from the date of filing the application). During the last year of this period the owner can renew the trademark for another 10 years.

A legal entity or individual entrepreneur can be the owner of a trademark.

Yes, it is possible. Various signs: word signs, figurative signs, 3D signs, other types and their combinationscan also be registered as trademarks. 

The cost of trademark registration depends on several factors, including the list of products and services related to the trademark, the presence of obstacles in registration process, etc.

The list of official fees and attorney fees related to trademark registration can be found here.

The Nice Classification (NCL) is an international classification of goods and services applied for the registration of marks. If you plan to file a trademark application yourself, you can find Nice Classification on this page:

http://www.wipo.int/classifications/nice/en/

If you decided to use our services for registration of your trademark, you can just describe the nature of your business to us.

Priority date of a trademark is the date from which the seniority of the trademark (or trademark application) is determined. Trademarks with later priority dates have lower seniority. 

Usually priroty date of a trademark is the date of filing the application. However, exceptions are possible. For example, if you participated in international exhibition with your trademark, you can (under certain conditions) establish the date of exhibition as the priority date of the trademark even if the application is filed after the exhibition. 

Copyright extends to works that have been made public and also to works that have not been made public that are expressed in any objective form (for example, written text, sketch, sound recording, statuette, etc.).

For the arising, realization, and protection of copyright, neither registration of the work nor the observance of any other formalities is required. However, for facilitation of copyright protection in case of dispute we recommend depositing the works.

The objects of copyright are works of science, literature. Objects of copyright include:

• literary works;
• choreographic works and pantomimes;
• musical works with or without text;
• audiovisual works;
• works of painting, sculpture, graphics, design, graphic stories, comics, and other works of figurative art;
• works of architecture, city planning, and park and garden art;
• photographic works;
• maps;
• computer programs;
• other works.

Deposition (registration) of a piece of work – is a procedure of submitting a copy of work to the agencies providing services for storage of these copies, certificate issuance and, if necessary, confirmation of existence of works in some objective form on a certain date. This can be used as additional evidence in case of litigation.

First you will need to express the idea in some objective form (for example, sketch) to be able to protect it. Before that the idea is not an object of copyright protection. After sketch has been created, your idea will become an object of copyright. Formaly, no more action on your side is required. However, we recommend depositing all objects of copyright in order to provide evidence of authorship and the date of creation in case of litigation.

Yes, it is possible. Copyright extends not only on the objects of copyright but also on their parts, including titles.