Detailed instructions have been prepared for those who want to apply for trademark registration on their own
The trademark “UZTM” (Certificate No. 1530; application filing date: 05/11/1940) is one of the oldest trademarks that is still valid. The trademark “CocaCola” (certificate No. 242) was filed for registration on July 23, 1925.
Registration of a trademark (TM) is an important step to protect the brand from counterfeiting, unfair competition and for the legal use of the logo and name.
We have prepared instructions for those who want to apply for trademark registration on their own.
Let's look at the questions:
- Why register a trademark?
- Who can apply and what can be registered?
- Selection of classes of ICGS;
- Instructions for checking a mark for protectability;
- Filling out an application;
- Submitting an application to Rospatent;
- Payment of duty;
- Record keeping;
- Duration of the trademark right;
- Tips for successful registration.
1. Why register a trademark
- Protection from counterfeits and competitors. A registered trademark allows you to stop attempts by competitors to use similar designations.
- Franchising and licensing rights. Only a registered trademark can be legally granted under a franchise or license agreement.
- Customs protection. Including a trademark in the Customs Register of Intellectual Property Objects allows you to block the import of counterfeit products.
2. Who can apply and what can be registered
Legal entities, individual entrepreneurs and individuals can register a trademark.
What can be registered as a trademark?
The following can be registered as a trademark:
Trademarks: RU586873 “Dark bottle protection of taste”, RU893982 “Erfis”, RU327569 “IKEA”, RU769735 “Bottle”, RU473405 “sound trademark”, RU540276 “We read by syllables”, RU560598 “color trademark MTS sign"
3. Selection of classes of ICGS
Trademarks are registered in respect of goods and services that are classified into 45 classes of the International Classification of Goods and Services (ICGS). It is necessary to determine in which classes, that is, for which goods or services, your trademark will be used. To select a class, use special resources, for example, on our company website.
To select the required class, you need to enter a search bar for each product (service) that you plan to produce (provide), after which the system will help you determine the class of the ICGS.
As a result, you can create a table that looks like this:
After determining the headings and classes of the ICGS, we move on to the next stage - checking the designation.
4. Instructions for checking the mark for protection
Before filing an application, we recommend checking to see if a similar trademark has already been registered. You can do this yourself via
or contact a patent attorney to conduct a professional search.
It will also be important to familiarize yourself with the provisions of Art. 1483 of the Civil Code of the Russian Federation and correlate your designation with each requirement for trademarks by law.
The most popular reasons for refusal of registration include:
There is an interesting post on this topic in our telegram channel. Channel "Patent reading"
5. Filling out the application
There are several options for filing a trademark application.
- in paper form;
- through the State Services portal;
- through your personal account on the Rospatent platform;
- use the services patent and trademark attorney.
In this material, we will consider submitting an application in paper form, since, having mastered it, you will be able to cope with other options.
Page 1 (what needs to be filled out is highlighted in blue):
This example applies to an individual. Accordingly, if the application is made on behalf of a legal entity, then in the column “APPLICANT” the name “Limited Liability Company “Romashka”” and the registration address are indicated, and on the right, the applicant’s identifiers are OGRN, INN, KPP.
If the applicant is an individual entrepreneur, then “OGRNIP” and “TIN” are filled in in the identifiers.
Page 2:
The designation “TORMON” can occupy any percentage of the square area.
Page 3:
6. Submitting an application to Rospatent
The application is submitted in one copy, and the declared designation is submitted in two copies. Moreover, the first copy of the applied designation is submitted as part of the Application (field 540), and the second copy of the applied designation of the same size is submitted on an appendix to the application signed by the applicant. The application must be drawn up in free form and signed by the applicant.
The application is accompanied by a receipt for payment of the fee (more on this in the next section).
The address for sending correspondence is indicated on the website of the Federal State Budgetary Institution FIPS in the Contacts section.
7. Payment of duty
Due to the fact that the details of the patent office may change periodically, we recommend updating the details on the website FSBI FIPS in the "Fees" section.
The fee for registering a trademark is paid in two stages.
The first stage is when filing an application (fee for filing an application and conducting a formal examination + fee for conducting a substantive examination);
The second stage is after completion of the examination of the application (fee for registering a trademark and issuing a certificate in electronic or paper form).
From October 5, 2024, the following fees have been established: for filing an application and conducting a formal examination: 4,000 rubles. + 1,000 rub. for each additional class of ICGS over one.
- for conducting a substantive examination of the designation: 13,000 rubles. + 2,500 rub. for each additional class of ICGS over one.
- for registering a trademark and issuing a certificate in electronic form: RUB 18,000. + 2,000 rub. for each ICGS class over five.
- for issuing a certificate in paper form (optional): RUB 3,000.
Fee table for clarity (in Russian rubles):
8. Record keeping
Here is another important tip - when filling out the application, indicate a current address for correspondence in order to receive correspondence regarding the application on time.
1. The first letter that Rospatent will send is “Notification of acceptance and registration of an application.” It will contain a copy of the first page of the Application, as well as the application number, priority date (date of filing the application). This document is confirmation of the filing of a trademark application.
2. Within 2 months, Rospatent makes a Decision on accepting the application for consideration, which initiates the stage of formal examination of the application. A substantive examination is ahead.
3. If the examination reveals grounds for refusal to register a trademark, then the applicant is sent a Notification of the results of checking the conformity of the applied designation. It states the reasons why the designation cannot be registered and also gives a six-month period for the applicant to submit counter-arguments.
In a controversial situation, the examination may send an additional request.
4. If the designation satisfies the requirements of the law, then the next document sent by Rospatent is the “Registration Decision”. It indicates the need to pay a second fee (for registering a trademark) and provides a link through which you can download an electronic certificate 2-4 weeks after paying the fee.
9. Duration of the trademark right
The exclusive right to a trademark is valid for 10 years from the date of filing the application. The validity of a trademark can be extended for the next 10 years by filing the appropriate application and paying the fee in the last year of validity of the trademark an unlimited number of times.
There is also a six-month period after the expiration of the trademark, if the deadline is missed, during which the registration can be renewed with payment of an additional fee.
10. Tips for successful registration
- Conduct a preliminary database search to ensure that your designation is unique.
- Carefully determine the classes of the ICGS in which the trademark is planned to be used.
- If necessary, contact a patent attorney to prepare and file your application.
- Respond to Rospatent requests in a timely manner and make the necessary adjustments.
- Be sure to pay your trademark registration fee on time.
Ilya Ishinov
Source: RBC
