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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Russian Federation it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Russian Federation, who will carry out all needed tasks before the Trademark Office in Russian Federation in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Russian Federation.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Russian Federation. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Russian Federation.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

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If I register my trademark in the Russian Federation, do I have protection in other territories?

No. Russian Federation is the territorial limit of protection.

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Do I need to sign a Power of Attorney?

Yes. Applicants are required to submit a signed power of attorney to complete the application.

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Are there any benefits from a pre-filing use of the trademark?

Pre-filing use is beneficial only in cases where the mark is basically non-distinctive. The applicant may use it to exhibit the mark’s distinctive qualities and to deal with challenges based on non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Yes. A third party may attack the registered mark on the ground of non-use which will inevitably result to a cancelled registration.

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What are the types of trademark that can be registered in the Russian Federation?

Applicants may register any mark or sign that can graphically be reproduced and can make the good or service distinguishable from others. 

  • Names
  • Words
  • Motion
  • Devices
  • Sounds
  • Holograms
  • Colors
  • Slogans
  • Shapes with 3 dimensions
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What are the phases of application after a trademark has been filed in the Russian Federation?

These are the phases of trademark application: 

  1. Publication – The application details will be published in print and online. Making the following information available to everyone allows interested parties to oppose.
    • Mark
    • Goods/services
    • Applicant’s name
    • Applicant’s address
    • Date of application
    • Number of application
    • Information about priority claim
    • Trademark representation
  2. Examination – Trademark authorities will examine the application and make sure that it is compliant with all the requirements in terms of: classification, formalities, deceptiveness, clarity, descriptiveness, distinctiveness, and possible conflicts with other registrations.
  3. Registration – Provided there is no ground for rejection and oppositions have been successfully overcome, the issuance of registration will be the next step.
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What type of trademark is non-registrable?

The following marks/signs are banned by law: 

  • Marks that are in conflict with moral principles or a threat to public order
  • Marks that can be used primarily as a name of a geographic location
  • Marks without distinctive qualities
  • Marks that are generic or have a general meaning
  • Marks that feature a flag, symbol or name of a nation/region/state or an international organization
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Does the Russian Federation use the "Nice Classification" system?

Yes. The Russian Federation uses the Nice Classification. Multiple applications are not necessary to cover several classes of goods / services. Just one application would suffice.

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Is there any possibility to claim priority in the Russian Federation?

Yes. The home application date can be considered as the filing date in the Russian Federation if: 

  • The home country is a Paris Convention signatory
  • The home application was filed not exceeding 6 months prior to the filing of application in the Russian Federation
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What do I need to do to satisfy the use requirement?

Use the mark within 3 years from the date of its registration. It must be used commercially and must occur in the Russian Federation.

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Once my trademark has been registered, for how many years will be valid?

Registered marks in the Russian Federation have an initial validity of 10 years starting from the application date.

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What will be the renewal date of my trademark?

To know when you should first renew your trademark, count 10 years from the date when you filed for application.

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Is it legal to use my trademark even if it is not yet registered?

Yes. It is legal to use unregistered marks.

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Does having a registered trademark in the Russian Federation afford me any right?

Registration is necessary in order for trademark owners to afford rights. The first person to file for application will be entitled for the grant of registration.

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What is the web address of the trademark national office?

The Russian Federation trademark office is available online at http://www.fips.ru/

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Is there any need to use my trademark before I apply for registration?

No. There is no need to use the mark before filing the application.

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What are the grounds for a Trademark Application to be opposed?

The following are possible grounds for an application to be challenged: 

  • Conflicting registration that was filed earlier
  • Mark is opposed to moral principles or public policy
  • Mark uses geographical indications
  • Mark has a broad meaning, i.e., generic
  • Mark is conflicting with trade names
  • Mark is conflicting with notorious trade names
  • Mark uses protected flags, emblems or armorial bearings
  • Mark is functional, not distinct, misleading, disparaging, deceptive, or descriptive
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Who can contest my trademark registration?

Anyone or any interested party can oppose the registration.

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Is it possible to cancel a registration?

Yes. A registration may be cancelled on the following grounds: 

  • Use requirements under Section VIII.A are not satisfied
  • Bad faith
  • Proprietary rights
  • Geographical indication
  • Against standards of moral or public order
  • Mark is functional, misleading, disparaging, deceptive, not distinctive, or descriptive
  • Unauthorized use of especially protected armorial bearings, emblems of states or flags
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Are there any rights established by having a registered trademark?

Yes. Owners of registered marks can afford these rights: 

  • Exclusive rights to use and make profits from the mark
  • Rights to take an action to cancel any conflicting registration
  • Rights to take a legal action against infringement
  • Rights to take payment for damages caused by infringement
  • Rights to authorize/license third parties to use the mark
  • Rights to appeal from customs authorities for the seizure of counterfeit imported goods
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How long is the opposition period?

The opposition period begins on the date when the application was filed and will end on the date the mark was registered.

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Is the Russian Federation a member of the Madrid System?

Yes. The Russian Federation is a signatory of international treaties like the Madrid Protocol and the Madrid Agreement.

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Do I need to present periodic statements of use?

No, these are not a requirement.

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When should I renew my trademark?

Renewals must be settled every 10 years from the registration date or the last renewal date.

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What will be the renewal date of my trademark?

To know when you should first renew your trademark, count 10 years from the date when you filed for application.

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Is there any documentation that should be presented when renewing a trademark?

When renewing a trademark, a power of attorney must be presented in the trademark office.

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If my trademark expires, do I have a grace period?

Owners are given 6 months to renew the mark after its expiration date.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

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