Unregistered trademarks in Russia
Can an unregistered trademark be protected in Russia because of its extensive prior use?
In Russia, only registered trademarks enjoy legal protection. However, if your sign has been used without registration, it is possible to assert your rights on the basis of a trade name, company name, or (in some cases) copyright.
It is also important to note that if your sign has acquired distinctiveness through extensive prior use,
- it will be easier for you to register it as a trademark, even if the sign itself lacks inherent distinctiveness (e.g., a number of consonants in a row), and
- you will have a better chance of invalidating conflicting trademarks.
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