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.
Should I send a warning letter before filing a trademark infringement lawsuit in Russia?
According to Russian IP legislation, in commercial disputes on IP rights infringements, a warning letter (cease-and-desist letter or CDL) is obligatory and should be forwarded to the infringer before filing the lawsuit in case the right owner desires to claim damages or compensation.
The lawsuit can be filed if the infringer fails to satisfy the claims contained in the warning letter within thirty days after its dispatch.
Which Russian IP rights are covered by the notion “means of individualization”?
In Russian law, all IP rights are divided into two large groups:
Means of individualization include:
Means of individualization serve to differentiate a business or its goods or services and are subject to legal protection on a par with results of intellectual activity. Specific features of legal protection provided to each IP right are regulated by separate sections in the Russian Civil Code.
Can a light be registered as a trademark in Russia?
In the Russian Federation, a light designation can be registered as a trademark.
If a light is applied for registration as a trademark in Russia, it will be necessary to provide a description of the light symbols, their sequence, duration of lighting, and some other features.
What are the usual reasons for a trademark registration refusal in Russia?
Apart from so-called relative grounds for refusal (likelihood of confusion with other rights protected in Russia), there are four basic (absolute) grounds for rejecting a trademark application, namely:
The most relevant and often used reasons for objecting to an application are that the trademark at issue lacks distinctiveness or is misleading.
Is forum shopping available in patent/trademark litigation in Russia?
For most disputes related to patent invalidation/trademark cancellation, the venue is determined directly by Russian law. It is either the Federal executive authority in the sphere of intellectual property (Rospatent, the Chamber for Patent Disputes) or the Court for Intellectual Property Rights.
At the same time, in infringement lawsuits, forum shopping is possible when the claimant can name multiple persons as co-defendants (e.g., manufacturer/importer, wholesalers, and retailers). In such cases, the claimant has the option to choose with which territorial court to file their action.
We have nearly a century’s experience,
guaranteeing you the highest quality service.
We have ample specialists in all areas of science and technology,
allowing us to resolve even your most complex challenges.
Our patent attorneys and litigation lawyers work in tandem
to provide you with the best-quality patents and to represent you successfully both in legal and in administrative disputes.
We provide an electronic interface to the patent offices
with fully automated workflow to eliminate multiple data entry and avoid errors.
Proximity to the customer, both geographic and electronic.
We have offices in the center of Moscow and in other major Russian cities. You can also access us remotely from anyplace in the world.
International IP publications rate us among the most prestigious world leaders
in the area of Intellectual Property.
Transparent reporting and detailed invoicing
provide you with complete information on our services.
Our professional liability is insured
by one of the world’s leading insurance companies.