Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia form the Eurasian Economic Union (EAEU) and the Eurasian Customs Union (EACU). The countries have a common customs border and unified customs legislation. No customs borders exist between any of these countries and goods can flow without customs control. Therefore, no customs check for eventual IP rights violations takes place. In the absence of a unified EAEU trademark, the holder of a trademark registered in one of these countries may face difficulties in enforcing their rights against importation from the other countries. Registration of national trademarks in all the member states may be a solution to this problem.
Besides, Russia is a member of the Commonwealth of Independent States (CIS), an intergovernmental organization formed by nine post-Soviet republics located in the Eurasian region after the dissolution of the Soviet Union.
Until now, ex-USSR countries neighboring Russia, including the CIS countries, use the Russian language and/or Russian alphabet widely on their respective markets. Therefore, trademark applicants frequently require registering their trademarks in all those countries.
If you need to protect your trademark in a number of those countries, you have two options:
The procedure under the Madrid Protocol is usually less expensive and more convenient for the applicant than filing several national trademark applications. However, it has some disadvantages too.
The registration process in national Trademark Offices is usually faster and more flexible than procedures under the Madrid System. Furthermore, if you file through a local attorney, you may obtain recommendations and comments regarding your proposed mark before filing it for registration. This may help to avoid unnecessary mistakes and delays in obtaining trademark protection.
The Madrid System stipulates that, if a national Trademark Office issues objections against a trademark application (a provisional refusal), the applicant should contact a local trademark agent and try to overcome the objections using their services.
Our attorneys are able to assist you with such provisional refusals, as well as with national filings in Russia and the former USSR countries, namely, in Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, in accordance with international or national procedures. It is convenient for a rights holder to have just one point of contact for trademark protection in all these countries.
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.
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.
Who can sign a power of attorney to be submitted to the RUPTO, EAPO, Russian courts?
The signer does not have to hold any specific position or to be an executive of a certain rank. However, his or her position should be clearly indicated in the PoA. The signer should be duly authorized to act on behalf of the company, not just assigned to oversee certain cases. It is normally requested that the documents that empower the signer be mentioned in the text of the power of attorney. If the signer deals on the basis of a proxy, the powers of the person who has signed the proxy may also be checked. It is highly advisable that all the corporate titles coincide in different documents. For example, if the proxy is signed by the Chairman of the Board of Directors and the official title of the person who can sign according to the bylaws is Director, the respective Court may not accept the documents without requesting further clarifications.
Is sending a warning letter obligatory for initiating a non-use cancellation action against a Russian trademark?
Russian legislation provides for an obligatory pre-trial procedure in trademark non-use cancellation actions. In order to meet the requirements of the said obligatory pre-trial procedure the party which is interested in the trademark cancelation should send the Interested Person's Offer to the trademark owner. The Interested Person's Offer should contain an offer addressed to the trademark owner either to waive the rights for the trademark or to assign the trademark to the party that sent the offer (interested person).
The trademark cancellation lawsuit may be filed during 30 days upon expiration of two months from the date of forwarding the Interested Person's Offer.
Do foreign applicants need a Russian trademark attorney?
It is mandatory according to Russian legislation that foreign applicants be represented before Rospatent (the RUPTO) by a Russian patent (trademark) attorney who is listed in the Russian Register of Patent Attorneys.
To be successfully guided through the intricacies of national regulation and to ensure the needed scope of protection, it is important for the applicant to retain an experienced attorney.
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