Russian legislation and trademark marking

What does Russian legislation say about trademark marking?

Russia has no specific rules on trademark marking. However, trademark marking is subject to some general provisions of advertising and antitrust (competition) law.

Russian law distinguishes the ® symbol and the terms “trademark” or “registered trademark” as trademark marking. Both can be used for registered marks interchangeably. There is no special regulation nor symbol for pending applications.

The ™ symbol is not considered as trademark marking.

The use of trademark marking without actual registration in Russia in advertising violates the Law on Advertising (clause 3 of Art. 5 on false advertising). This constitutes an administrative offense and is punishable by a fine of up to RUB 500,000; it can be imposed on both the company and its responsible employees. The administrative proceedings in this case are initiated by the Federal Antimonopoly Service.

Another point to consider is unfair competition in the form of misleading statements. Current practice does not consider the use of incorrect TM marking (unlike patent marking) as such; however, it is impossible to completely rule out possible changes in the enforcement of competition law.

Finally, the use of TM marking for unregistered marks may also be criminally punishable. The Criminal Code provides for fines or even community work for repeated infractions. Although we are unaware of any such enforcement practice, it should also be considered.

In sum, we always recommend applying for registration of your marks as they are used on the market.