A well-known trademark is a trademark widely known in Russia among consumers in relation to a certain class of goods or services
A well-known trademark has expanded legal protection compared to ordinary trademarks and is characterized by its indefinite validity.
The procedure for obtaining the status of “Well-known Trademark” is set out in Rules on recognition of a trademark as well-known in the Russian Federation and approved by the Order of Rospatent dated March 17, 2000.
To obtain the status of “Well-known trademark”, you must submit an application to Rospatent with documents confirming the well-known and intensive use of the trademark, as well as a document confirming payment of the state duty.
In documents confirming the intensity of use of the trademark, it is necessary to indicate:
- start date of its use;
- a list of settlements where goods or services were sold under the trademark used and their volume;
- the average annual number of consumers of a product or service, information about the manufacturer and its position in the market, as well as options for using the trademark.
Documents are also submitted confirming the frequency of use of the trademark in different regions of the Russian Federation and data reflecting the popularity of the trademark in various countries, the results of a consumer survey, as well as documents calculating the cost of the trademark and information on material costs for its advertising.
Information on the registration of a well-known trademark is published by the federal executive body for intellectual property in the official gazette immediately after it is included in the List of Well-Known Trademarks.
Main advantages of a well-known trademark
1. Legal protection in all classes of the ICGS;
2. In cases of legal disputes, if a well-known trademark wins, it is possible to receive monetary compensation or termination of protection of the disputed trademark;
3. Increased growth in sales of goods or services designated by a well-known trademark, and therefore income;
4. Increasing the value of the company owning a well-known trademark;
5. Possibility of active presence in the information space.
