REGISTRATION OF TRADE MARKS (SERVICE MARKS)
Trade mark (service mark): according to paragraph 1 of article 1477 of Civil Code of Russian Federation, this is a designation which serves to individualize products and services of juridical persons (artificial bodies) and self-employed sole traders. The certificate will be issued for the trade mark registered in the National Register of trade marks.
Trade mark certificate certifies the priority of the trade mark and exclusive right to the trade mark within the range of products and services listed in this Trade mark certificate.
Designations or depictions represented by words, drawings, 3D and other pictures and their combinations can be registered as a trade mark.
Assignor (possessor of the right) can manage his exclusive right for the trade mark by the way of making license agreements or an agreement of alienation of the exclusive right for the trade mark. Such agreements must be registered in the Patent Office of the Russian Federation.
Assignor (possessor of the right) is obliged to duly inform the Patent Office of the Russian Federation about any changes relating to registration of the trade mark, including naming of assignor (possessor of the right), about shortening of the list of products, about the address of assignor (possessor of the right).
Exclusive right to a trade mark remains in force within ten year period starting from the priority date.
Exclusive copyright to a trade mark can be prolonged infinite number of times.
Legal protection of the trade mark can be terminated before expiry for all products or partially because of permanent disuse of the trade mark during any three years after its official state registration. Burden of proof of the trade mark use lies with the assignor (possessor of the right). Thus, the confirming documents to the use of the trade mark must be kept by the assignor (possessor of the right).
1) development of trade marks (service marks):
- word marks, including development of slogans (naming)
- design for pictorial (figurative) trade marks
- combined trade marks (naming and design);
2) custom-design of your own corporate identity using the trade mark (service mark);
3) carrying out preliminary information search for registered trade marks (service marks) using the computer automated national data base of Federal Institute of industrial property;
4) carrying out information search for registered trade marks (service marks) and filed applications using the automated national computer data base of Federal Institute of industrial property;
5) analysis of possibility for your designation or mark to be registered as a trade mark (service mark);
6) preparing and filing of your application for registration as a trade mark (service mark) in Federal Institute of industrial property;
7) records-keeping of your filed application for registration as a trade mark (service mark), including: answers to requests for formal expert examination, substantive examination, answers to notifications for substantive examination, making amendments and alteration in your application, obtainment of the juridical decision for registration of a trade mark (service mark), obtainment of the certificate for a trade mark (service mark);
8) drawing up and registration of contracts and agreements granting the right for usage of a trade mark (service mark) or alienation of the exclusive right to the trade mark (service mark);
9) extension of the validity of a trade mark;
10) international registration of trade marks (service marks) according to the procedure of the Madrid Agreement and Protocol
11) representation in court (Court for intellectual rigrts, Arbitration court, Federal Anti-monopoly Service), Patent dispute Chamber of Russian Federation;
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