Trademarks Law in Russia
Trademark Law in Russia
1. Legal Framework
Trademark protection in Russia is governed by:
Civil Code of the Russian Federation (Part IV) – covering intellectual property rights including trademarks.
Administered by the Federal Service for Intellectual Property (Rospatent)
Russia is a member of major international treaties:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 1994)
TRIPS Agreement
Eurasian Patent Convention
2. What Can Be Registered as a Trademark?
Trademarks may consist of:
Words, letters, numerals
Logos, symbols, colors
Three-dimensional shapes and packaging
Sounds and other signs capable of graphical representation
Collective marks and certification marks
The mark must be distinctive, non-deceptive, and not contrary to public order or morality.
3. Trademark Registration Process
Filing Authority: Rospatent
Steps:
Application Filing with representation of the mark and list of goods/services (using Nice Classification)
Formal Examination
Substantive Examination for distinctiveness and conflicts with earlier rights
Publication for opposition (opposition period: 3 months)
Registration if no opposition or opposition rejected
4. Duration and Renewal
Trademark registration lasts for 10 years from the filing date.
Renewable indefinitely for subsequent 10-year terms.
Renewal applications can be filed up to 6 months before expiration or within a 6-month grace period with an additional fee.
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services in Russia.
Right to prevent unauthorized use or confusingly similar marks.
Ability to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use, counterfeiting, or imitation of trademarks.
Enforcement mechanisms include:
Civil litigation for injunctions and damages.
Administrative fines and seizure of infringing goods.
Criminal penalties for trademark counterfeiting.
Customs enforcement for border control of counterfeit goods.
7. International Protection
Russia is a member of the Madrid Protocol, allowing international trademark registration designating Russia.
Recognizes priority claims under the Paris Convention.
Part of the Eurasian Patent Organization for patent rights, but trademark protection is national.
Summary
| Feature | Details |
|---|---|
| Governing Law | Civil Code of the Russian Federation (Part IV) |
| Registration Authority | Federal Service for Intellectual Property (Rospatent) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 3 months after publication |
| Madrid Protocol Member | ✅ Yes |
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