Russia

Trade Mark

Filling Requirements

1) The Company name and the address of the applicant.

2) 2 prints of the mark (8 × 8 cm or 8 ×10 cm). Only soft copy of the mark shall be sent electronically (in good quality not less than 200 dpi).

3) The meaning of the mark (if available).

4) A list of the requested goods/services in English (Word format) and in accordance with the International Classification of Goods and Services for the Purpose of the Registration of Marks - 10th edition.

5) Priority document if priority is to be claimed. A certified copy of such a document with its Russian translation with notarization should be presented within two months from the filing date of the trademark application at the Russian Federal Service of Intellectual Property (Rospatent).

6) Power of Attorney in the name of the applicant, stamped & simply signed by the authorized person at the company indicating full name, position in the company, date & place of signature (Notarization or Legalization is not required).

Approximate time frame for trademark application prosecution in Russia:

The standard registration process from the date of filing until the issuance of the certificate of registration (if there is no refusal, rejection, amendments or requests for supporting documents) usually completed within 14 - 16 months as indicated below:

1) The official filing receipt (filing date & filing number) is issued immediately upon filing, while the official notification of the result of the formal examination of the application and its accompanying documents is issued within 1-2 months from the date of filing.

2) The process of substantive examination of the mark until the issuance of final decision by the examiner shall be carried out within 11-12 months.

3) The Certificate of Registration will be issued within 1 months from the date of receipt of the official fees for registration.

Examination Process:

• During the substantive examination of trademark application and before the issuance of the Examiner's Decision, the applicant has the right to amend, clarify, or correct the materials of the application, including the submission of supplementary materials.

• The list of goods/services may be amended only by deleting items and not by adding.

• Extra supplementary materials may be requested by the Examiner and should be submitted within two months from the date of receipt of the official letter of request.

A petition for the extension of the two months for another period up to six months may be filed, otherwise the trademark application shall be considered as withdrawn.

Trademark Renewal:

1) Simply signed & stamped Power of Attorney as in the above item number (6).

2) Details of the trademark (Number of Registration, full name and address of the Owner) or copy of the Certificate of Registration.

NOTES:

• First-to-file policy is adopted by Russian Federal Service of Intellectual Property (Rospatent). Evidence of use is not required upon filing.

• The applicant must be a legal entity (or a person engaged in business as registered individual businessman).

• Word, figurative, three dimensional, signs or their combinations may be registered as trademarks in Russia.

• A trademark may be registered in black & white or in any color or combination of colors.

• The meaning of the mark and the description of the sign (device) is required.

• The trademark application must be filed in Russian language only. Any supporting documents must be translated into Russian language and submitted by the applicant within two months from the filing date of the application.

• Russia is a member of Paris Convention as well as Madrid Agreement & Protocol.

• An application may be withdrawn at the request of the applicant at any stage of the examination, but not later than the date of registration of the trademark.

• The formal examination for the trademark application & accompanying documents checks the compliance of the same with the statutory requirements. An official notification of the result of the formal examination is issued within 1-2 months.

• The Substantial Examination of the mark application shall be carried out when the formal examination is over and based on the positive results only.

• The registration period of trademarks in Russia is 10 years as from the filing date. An application for further 10 years of renewal shall be filed during the last year of the expiring term. Six months grace period is granted for late renewal applications.

Required documents for the recordal of change of name/address or merger:

1- Certificate or Extract from the Commercial Register or Article of Association attesting the official change of name/address/merger. All documents should be duly notarized only. Legalization is not required.

2- Power of Attorney (form attached) in the new name sealed & signed by the authorized person at the company indicating full name, position in the company, date & place of signature (Legalization is not required).

3- List of trademark registrations/application including: trademark name, application number, application date, registration number, registration date & number of classes or services.

NOTES:

• Please note that Recordal of change of name/address/merger is obligatory according to Russian IP Law.

• Time frame to obtain the certificates of change of name/address/merger is 2-3 months as from the filing date of the subject recordal.

Documents required for assignment of trademark application:

1. The assignment application form written in Russian & English will be prepared by our office (one form for each trademark application) and sent to clients by email attachment to be signed and stamped by both parties (assignor & assignee). The original form with the original powers should be sent back by mail to our office in Moscow in order to be filed accordingly at the Russian Federal Service of Intellectual Property (Rospatent).

2. Two Powers of Attorney signed and sealed by each parties. (Forms prepared by our office).

Notarization/ legalization are not required.

Documents required for assignment of trademark registration:

1. An agreement on assignment of exclusive rights of a trademark registration (special form will be prepared by our office in English/Russian and sent to the client by email attachment to be signed and stamped by both parties (assignor & assignee) in three original copies. The original copies of the agreement with the original powers should be sent back by mail to our office in Moscow in order to be filed accordingly at the Russian Trademark & Patent Office.

2. Two Powers of Attorney signed and sealed by each parties. (Forms prepared by our office).

Notarization/ legalization are not required.

NOTES:

• Please note that Recordal of assignment is obligatory according to Russian IP Law.

· Time frame to obtain the certificates of change of name/address/merger is 2-3 months as from the filing date of the subject recordal.

Patents

Requirements

1. Full name and address of the applicant.

2. Full name and address of the inventor(s).

3. A Power of Attorney duly signed and stamped by the applicant.

4. Specification, claims, abstract and drawings.

5. A priority document, if convention priority is to be claimed.

Copy Rights

Requirements

1. Full name and address of the author.

2. The author's date of birth.

3. A Power of Attorney duly signed and stamped by the applicant.

4. A copy of the work which is subject of the copyright application.

5. Work completion date which is subject of the copyright application.

6. Statement signed by author(s) (form will be prepared by our office).

Please also note that additional documents can be required for the copyright registration in Russia depending on the kind of the copyright object. Therefore, we kindly ask you to provide us with the particular case and the country of the case in order to provide you with the precise information.

Designs

Summary

Industrial designs are valid for 5 years. The term can be extended for another 5 years a several times, but not to exceed the amount of time frame in 25 years. Grace period for paying annuity is 6 months. After the expiration of the grace period, the patent can be reinstated within the term of 3 years. In this regard the annuity should be paid for the year in which the application for reinstatement was filed in the size of 250%.