The main reasons for conducting a trademark search are the following:
Conducting a search at an early stage may save you a lot of effort and resources in the future.
It is important to note that in our geographic region many applicants register their trademarks in or with Cyrillic characters. Therefore, the searches require specific algorithms as well as the searchers’ specific qualification and experience. That is why the searches should be conducted by professionals practicing within this particular region.
Trademark searches in Russia
In Russia, we may offer different types of word or device trademark searches.
A search may be conducted through the Russian Patent and Trademark Office (Rospatent) database. A Rospatent specialist provides us with a list of the most relevant trademarks of the records revealed in the course of the search.
Alternatively, a search may be performed by our specialist within an online database formed on the basis of information published by the Trademark and Patent Office of the Russian Federation.
It is also possible to reveal all trademarks filed and/or registered in the name of a specific applicant. This type of search may be helpful for due diligence, in case of trademark conflicts, and for other purposes.
Upon thorough review and analysis of the revealed trademarks, we will provide you with our comments and recommendations regarding potential use and registration of the proposed mark. We may vary the search terms, their volume, and the format of our opinion depending on our clients’ needs.
Trademark searches in other countries of the Eurasian Region
We are able to conduct different types of searches in former USSR countries, namely in Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
The trademark owner can choose to claim from the infringer damages or a compensation payment in an amount ranging from RUR 10,000 to 5,000,000 (the specific amount is to be determined by the court based on the infringement circumstances), or compensation in an amount equaling double the price of the goods illegally bearing the trademark, or compensation in an amount equaling double the cost of the right to use the trademark to be determined based on the cost of rightful use of the trademark normally applicable in comparable circumstances.
If the domain name is registered in one of the following generic Top-Level Domains (gTLDs): .com, .info, .net, .org, .biz, .name, .pro, .aero, .asia, .cat, .coop, .jobs, .mobi, .museum, .tel, .travel or in a new gTLD, your dispute may be resolved out of court on the base of the Uniform Domain-Name Dispute Resolution Policy (UDRP).
However, UDRP or similar dispute resolution proceedings are not currently available for .ru domains. In such cases, there are no options apart from litigation in court if the administrator does not concede to the trademark holder’s demand.
The words “brand”, “logo”, “label”, etc. are colloquial terms often used as synonyms for a trademark (service mark). Russian law instead uses only one legal definition – trademark (service mark). Thus, the registration of a designation with the patent office results in a trademark.
A trademark (service mark) is a designation used for individualization of goods (or services) of business entities or individual entrepreneurs, the IP rights to which belong to the trademark owner and are evidenced by a trademark certificate. In Russia trademarks can not be initially registered in the name of natural persons (individuals).
Trademarks can be in the form of a word, design, combination, three-dimensional shapes, sound marks etc. The owner of the trademark can indicate that it is registered and protected in Russia by placing one of these designations
next to the trademark:
“R”, ®, “trademark”, “registered trademark”.
Without the trademark owner's permission, nobody shall use designations which are identical to the trademark or designations that are similar to the trademark, in respect of the goods for individualization of which the trademark is registered, or homogenous goods, if such use may result in confusion of customers.
In order to accelerate the registration of a trademark in Russia the applicant may use the RUPTO’s paid service for conducting informational search in all classes of Nice Classification. The search is conducted within 10 days from the date of filing the respective applicant’s petition. Using the search results when considering the application allows shortening the term of sending the first examination communication to the applicant and accordingly shortening the registration decision time to 2 months. The official tariff for this service amounts to 94,400 RUB.
A color can be registered in the Russian Federation as a trademark if it is proved that the color has acquired distinctiveness through extensive use and the color is associated by customers with the applicant.
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