Any changes to a trademark holder's name or address and transfers of trademark ownership have to be recorded in the Russian Trademark Register.
Failure to notify Rospatent of name or address changes in a timely manner may entail difficulties in defending the holder’s rights in subsequent contentious cases.
A trademark assignment becomes effective in Russia from the date it is recorded with the Russian Patent and Trademark Office. For successful registration, the assignment agreement and the recordation request should meet the mandatory requirements of national law.
We assist our clients in the recordation of changes not only in Russia, but also in the whole geographic region.
Can importers bring to Russia products made in foreign countries and marked with that product manufacturer’s trademark registered in Russia, without consent of the manufacturer for the import?
Importation of goods bearing a trademark protected in Russia into the territory of the Russian Federation without the consent of the trademark owner constitutes a breach of the Russian legislation currently in force.
For more information on parallel importation, please refer to the Legislation News section.
Is it possible to fast-track trademark registration in Russia?
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.
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.
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.
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.
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