If a trademark is used by a third party with the owner’s consent, we strongly recommend that a formal licensing agreement be signed between the trademark owner and said third party. Furthermore, according to Russian law, the right to use a trademark in Russia must be recorded with the Russian Patent and Trademark Office to become legally effective in Russia. The part of a licensing agreement related to transfer of rights comes into force only on the date of its recordation.
A licensing agreement can only be signed and recorded with respect to registered trademarks. In order to be recorded, an agreement should meet the mandatory requirements set forth by Russian law. It is important to know that currently Rospatent does not require the full text of the license agreement. Therefore, if a trademark holder signs a global agreement with their licensees worldwide covering a number of jurisdictions, they can file with the RUPTO only limited data, without disclosing any sensitive information.
Please contact us if you require further information on the subject.
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