Russia's trademark policy is governed primarily by Part IV of the Civil Code of the Russian Federation, namely "Individualized rights of legal entities, goods, works, services and enterprises". In addition, Russia is a signatory to a number of international IP treaties, including the Madrid Agreement Concerning the International Registration of Marks, the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty and the Nairobi Treaty.
The applicant for trademark registration can be a company, sole proprietorship or individual. Prior to 2022, applicants had to be companies or business operators, but a new bill was passed since then, allowing individuals and individual operators to register trademarks without being spopreneurs. For foreign legal or natural persons who do not reside in Russia, the application for trademark registration should be made through a legal representative registered with the Russian Intellectual Property Service.
The trademark registration process includes a direct application to the Russian Patent and Trademark Office or a trademark application through Madrid. Again the Federal Service for Intellectual Property is responsible for the receipt and examination of trademark registrations, which are valid for 10 years and are renewed every 10 years from the filing date. It is important to note that if a trademark has not been used for 3 consecutive years, its legal protection may be terminated early.
Russia has acceded to a number of international conventions and agreements in order to build its legal basis for the protection of intellectual property. In addition, Russia is constantly improving its laws and regulations on the protection of intellectual property rights, including trademark law. The Russian Federal Service for Intellectual Property (ROSPATENT) manages and supervises intellectual property rights such as trademarks.
In general, Russia's trademark policy comprehensively covers the registration, protection, use and renewal of trademarks, in line with the standards of international IP treaties, while also taking into account the changes and needs of domestic laws.
*From: Red and Blue Law Author: Qidu Trademark Team.