How to register a brand and logo and where can it be done? How much does it cost to patent a trademark? Trademark How to register a trademark

The ability to compare favorably with its peers is an attribute of a good product. The bright name of any brand hides a successful combination of technology, specific knowledge, effective management and, of course, hard work. The trademark, in turn, allows the product to be recognizable, which, together with the above factors, gives an additional, indirect, positive impetus to the development of the company.

So how to register trademark on one's own? See this article for step-by-step instructions!

A trademark is a visual, verbal, or combined set of media that differentiates a particular manufacturer's product from others. A trademark is a trademark symbol registered to a specific owner.

Brand is a more general conceptual category. A trademark is part of a trademark, one of the symbols that characterize a product.

It should be noted that a trademark plays a more legal role: it is evidence that a given trademark belongs to a specific person.

Why do you need to register a trademark?

By Russian legislation state registration of a trademark is possible. She is the guarantor that the product of your intellectual and entrepreneurial activity- a trademark - will not become a tool for promoting the goods of another entrepreneur.

In the conditions of the modern market, when information is the driving force, when there is an acute struggle for sales markets, it became clear that business reputation and product image significantly affect the efficiency of the company. Therefore, the meaning of the trademark in modern economy it is difficult to overestimate.

Stage 7. Obtaining a certificate for a specific trademark

Once the registration of the TK is pre-approved, the FIPS will need to have evidence that the due fees have been paid. If everything is paid for, the entrepreneur will be issued a certificate. It fixes the owner's ownership of the trademark.

Stage 8. Renewal of ownership

The patent is issued for 10 years. Then it can be prolonged.

The number of renewals is not limited, the renewal period is 10 years.

Time and cost of self-registration of a trademark

In order to obtain a patent for a trademark on your own, you will need to pay state fees: for filing an application and checking a set of documents (2,700 rubles), analysis of the similarity of a trademark (1 class of goods and services, 11,500 rubles), for the issuance of a patent (16,200 rubles).

Depending on the situation, the applicant will need to pay the following fees: for the analysis of the similarity of each additional class of goods and services (RUB 2,050), for making changes and / or additions to the application and business papers (RUB 4,900), postponement of the response time to the FIPS request (850 rubles / month), for resuscitation of the right to provide the necessary documents in case of delay (8 100 rubles).

What documents are required to register an individual entrepreneur and how to draw up them correctly, you can find out

The law does not provide for fixing the deadlines for registering a trademark. Practice shows that it takes period from 1 to 1.5 years.

The most common mistakes

The most common mistake of the applicants is that its mark is too similar to the already registered one.

The second most common error is that the applicant indicates a sign that objectively not suitable for this(if it contains concepts that denote the general name of a commodity group, for example).

And, finally, the third most frequent error is that the applicant incorrectly indicates goods and services according to the ICGS: unreasonably large or small number of them, or goods and services that are not in the ICGS.

How to independently register an individual entrepreneur with the IFTS? The detailed answer is contained

How to register a trademark in Russia independently by an individual entrepreneur and LLC?

An individual entrepreneur, in order to confirm his status, must provide the FIPS with a duplicate of the certificate of state registration. There are no changes in the procedure for obtaining a patent for an individual entrepreneur.

A legal entity must also provide its certificate of state registration and details.

Non-residents do not have the right to independently register a TK (trademark) on the territory of the Russian Federation. To do this, they must contact a patent attorney who is registered in the economic space of the Russian Federation.

Thus, on the territory of the Russian Federation, the law provides for the possibility of registering a trademark. It is rather difficult to register a trademark in Russia on your own. All forms of documents for the registration procedure can be found on the official website of FIPS.

For more information on the procedure for registering a trademark in Russia, see the following video:

How to patent a name - step-by-step instruction+ how much does it cost this procedure+ what benefits await you.

If you want to protect your company from unscrupulous competitors, or in the future you are going to promote your business through an active advertising campaign, then you should think about how to patent the name.

You should know that patenting is pretty long process but it's worth it.

You will get a lot of benefits from this.

Firstly, you will know that the name of your company or product is unique and no one has the right to use it, and secondly, you will increase your brand awareness.

Difference between brand name and trademark

You might think, what is the connection between the patenting of the name, company name and a trademark?

Remember that the main goal of many entrepreneurs, in addition to making a profit, is that they want to stand out from the competition?

So, the brand name denotes the individualization of the organization, and the trademark denotes the product.

And despite such a simple definition of these two concepts, many confuse them and therefore do not understand the difference between them.

What are the differences between these two concepts, indicated in the table:

Criterion	Brand name	Trademark
Subject of law	entity	legal entity and individual entrepreneur
The form	can only be presented as a word or phrase, and	may have different shapes: verbal, pictorial, sound, volumetric
Validity	unlimited	10 years and then requires renewal; if not used for 3 years, then you can terminate its existence ahead of schedule
Rights	can participate in civil circulation	may be depicted on packages, goods, signs, in advertising campaigns
Responsibilities	should be indicated in official documents	should be used

And what was this all about?

To the one, that if you don't patent the name, you can't:

1. obtain protection from the state regarding a trademark;
2. carry out activities on behalf of your company due to the full or partial coincidence of your company name with someone else's.

A patent on the name: why is it needed?

First of all, it is worth giving a definition to the concept of "patent".

So, this is a document confirming the rights of a person or enterprise to intellectual property.

It's about inventions useful models, industrial designs and, of course, trademarks.

Therefore, as such, the concept of "patent for a name" does not exist, since it is the trademark that is patented, which denotes the corporate identity of the enterprise.

This will include:

• title;
• logo (emblem);
• tagline;
• domain name of the site.

From the above, you can already understand why you need to patent the name:

• protect yourself from unfair competition if third parties use your trademark or its elements;
• in the future, you can expand your business by providing a franchise.

In this case, the following fraud scheme may operate.

For example, an enterprise was opened with common effort several founders.

Then, when the business starts to generate stable and impressive profits, one of the partners (the most entrepreneurial) applies for a trademark patent.

After that, he “pushes aside” the others and asks not to exploit his intellectual property rights.

And in this case, the law will be on his side, and the rest of the participants in the process will lose their joint business.

Where can a name be patented?

To patent a name, you need to contact Rospatent.

This is the federal agency that deals with intellectual property issues, namely patents.

It registers, verifies and stores information on patents, so this is where you should go to get the coveted certificate.

You can also contact specialized bureaus that will act as an intermediary between you and Rospatent.

They will help you understand the intricacies of patent registration, and will also take on the "paperwork".

But then, in addition to state fees, you will have to pay for the services of attorneys.

Steps how to patent a name

The main part of the question: “ How to patent a name? " is the study of the steps that must be taken to obtain a patent.

This is a rather lengthy process that includes:

• verification;
• preparation and filing of an application;
• a number of examinations carried out by Rospatent;
• issuance of a certificate.

Checking the uniqueness of the name

The first step is to check the uniqueness of the name.

You can skip this procedure, but then you may run the risk of overlaps with other brand names and trademarks, which will take a lot of your time.

Since in the Russian Federation there is no virtual database with names that you can check yourself, here there are two options for how to get through this stage:

1. contact Rospatent and expect a response for about a month;
2. apply to patent offices, which in a shorter time frame for a certain fee will carry out a check and help in correcting the name in order to achieve its 100% uniqueness.

Preparation and filing of an application to patent a title

At this stage, you must draw up an application to which copies of your company's documents, copies of the applicant's documents, as well as a receipt for payment of the state fee are attached.

It is important to describe everything in detail and accurately in the application.

If you are going to create a logo, then you will need a detailed description and a sketch, if the name is enough for you, then indicate it in verbal form.

The application can be submitted both at the branch of Rospatent and by sending it by e-mail.

Once accepted by the service, it will be given a priority that will give it priority over later applications.

Expertise carried out by Rospatent

This stage is the longest. This includes:

formal examination, which involves checking the accuracy and completeness of the submitted application.

This procedure takes 1 month;

substantive examination, during which the employees of Rospatent make a comparison between the existing names, as well as those that are also registered on registration, but filed at an earlier date.

At this stage, you may receive notifications that additional information is required, to which you must respond within a specified time frame.

Here you will have to wait about one year.

If during the check there are matches, then you will be notified of this.

This is not good news, as it is an obstacle to obtaining a patent.

In this case, you yourself or with the help of an attorney must draw up a competent answer that can convince Rospatent of the originality of the name.

Obtaining a certificate

If no coincidences are found during the examination, which confirms the uniqueness of the invented name, then the most pleasant stage begins - obtaining a certificate and entering the name into the State Register.

It will take 1 month.

So you get the rights:

• on the labeling of their products;
• conducting an advertising campaign under its own name;
• use of a domain name for an enterprise website;
• sale of a trademark.

In case of refusal, be prepared for the fact that you will not only lose the money you paid, but also time, because everything will have to start over.

We offer for viewing an interesting video about Russian inventors,

who have not patented their creations:

How much does it cost to patent a name?

The cost of obtaining a patent will consist of government fees.

In the case of contacting an attorney, it is necessary to take into account that their services are paid.

State fees that need to be paid to register a patent:

1. Order of search of registered patents:
   • checking the name according to class 1 of the MKTU (International Classification of Goods and Services) within 1 month - 4720 rubles;
   • within two weeks - 9440 rubles;
   • within one week - 14,160 rubles;
2. Application submission - RUB 2700;
3. Expertise - 11,500 rubles;
4. Issuance of a patent certificate - 16,200 rubles.

The total amount is at least 35,120 rubles.

It can increase with the addition of the MKTU class, so take this point into account.

If you have a question, how to patent the name and you doubt whether you need it, then know what you need.

The opportunity to work under a unique trademark or name is expensive, because you will be legally protected from unscrupulous competitors who want to steal your idea.

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Each manufacturer of goods and services tries to stand out and distinguish themselves from competitors by coming up with their own trademark. A trademark (TK) is part of a trademark. It allows you to increase the recognition of products on the market and legally protects against illegal use by third parties. Registration of a trademark is a mandatory procedure established by law Russian Federation.

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What is a trademark

A trademark is a unique image in the form of a set of symbols (letters, numbers, graphic elements) that allows a manufacturer to stand out in the market. Any prestigious company wishing to gain and maintain a reputation must have its own logo and brand. Registration of TK will allow to eliminate competitors from the market, as well as prevent confusion of their goods and services with similar offers from other manufacturers. There are several types of trademarks:

1. Consisting of numbers, letters, words or phrases.
2. Consisting of graphic elements (figure).
3. Representing a volumetric image in 3d format.
4. Combining combinations of the above symbols and elements.

The image should be individual, attention-grabbing, memorable and different from others.

What is a trademark for?

A trademark is a distinctive mark of a manufacturer. At the sight of a familiar image, people recognize the brand, trust and buy. This allows you to increase the company's turnover.

TK performs the following functions:

1. Distinguishes the manufacturer from others.
2. Gives individuality and originality, increasing the manufacturer's recognition in the market.
3. Strengthens customer confidence, acting as the main element of advertising campaigns (only the owner of the mark has the right to use it in advertising).
4. Adds aesthetic beauty to packaging and labeling.

Why you need to register a trademark

By itself, the symbolism has more aesthetic and advertising significance. And the state registration of a trademark allows you to legally protect the manufacturer's rights to its goods and services. Copying and distribution by third parties of the goods of another's brand is punishable by law.

Registered TK allows you to prevent mixing the products of a certain manufacturer with similar products of other companies.

The rights to the registered TK can be sold or transferred for temporary use to third parties for a fee and earn money on this.

Who may own a trademark

The main legislative document, which governs the procedure for providing legal protection the registered image is part 4 of the Civil Code of the Russian Federation.

According to article 1478 of the Civil Code of the Russian Federation, the exclusive right to the image or word formation of interest can belong only to economic entities.

Article 1477 of the Civil Code of the Russian Federation states that a trademark is a designation that serves as a means of individualizing goods of legal entities or individual entrepreneurs.

Therefore, only individual entrepreneurs and legal entities... Individuals cannot obtain such rights.

Registration is possible throughout the Russian Federation. It is also possible to apply for an international image registration.

How to check already registered marks

In order for the manufactured products to become recognizable, first of all, it is necessary to decide on the image with which it will be associated. The Civil Code of the Russian Federation contains a clause stating that a trademark will be registered only if it has distinctiveness. Images and word formations that are confusingly similar to other means of individualization are not subject to state registration.

Important! The registration procedure is enshrined in Articles 1492-1507 of the Civil Code of the Russian Federation.

Before applying for registration, it is necessary to check the logo for uniqueness, otherwise there is a high risk of rejection, which leads to additional loss of time and money:

1. You can check it yourself on the Internet at various resources. The service is usually provided free of charge, but there is a drawback: the base may be incomplete. There may also be problems with scanning the visual or verbal parts and difficulties in determining the similarity with other logos.
2. Contact specialized companies that provide similar verification services for uniqueness. But there are no guarantees of the reliability of the test results.

Trademark registration procedure

The state registration procedure is complex and lengthy. You must submit an application, collect the necessary documents, pay state fees, carry out examinations. All this happens with long periods of time, and the amount of state fees is rather big. You can contact specialized firms and offices that will accompany you in the process and free you from paperwork and understanding the intricacies of the procedure. But this, again, is an additional financial expense. You can go through the procedure yourself, you just need to be patient, study all the nuances in advance and be prepared for the unexpected. Any mistake or inaccuracy leads to an increase in the registration time, and changes and corrections to some documents can be made only for a separate fee.

Where to go

The Federal Institute deals with the registration of a trademark in Russia. industrial property(FIPS). It is legally registered in Moscow. Documents can be submitted in person (if possible) or remotely in in electronic format... Then registration will take place online. There are several ways to deliver documents to FIPS:

1. Via email.
2. By fax.
3. Through the official website of FIPS (also called Rospatent).

The procedure will be faster with a personal appearance and submission of documents to the institute.

Choice of class MKTU

When applying, you must indicate the class of the ICGS (International Classification of Goods and Services). You need to select a list of goods and services that will be designated by your trademark. You can view the current edition of the MKTU on the official website mktu.info. There are 45 classes in total, you need to choose the appropriate one. If there is no item that exactly corresponds to the product being produced, a similar product is selected, similar in characteristics and application.

Important! Choose a class carefully and correctly. Changes to the MKTU class after registration of the TK is possible only for a separate fee.

Required documents

To register, you must submit an application and attach documents, the list of which is approved by law. An application for registration of a trademark is filled out on a form according to the established sample.

The application for registration of a trademark shall indicate:

1. Information about the copyright holder of the TK, name or full name individual entrepreneur, INN, OGRN (EGRIP).
2. The location of the company or the residence of the entrepreneur.
3. A detailed description of the image applied for registration, indicating the colors, if a color image is registered.
4. List of classes of goods and services in respect of which it is necessary to register trademark(one or more).

Important! Order of the Ministry of Economic Development of Russia No. 482 dated July 20, 2015 approved the Rules for the preparation, submission and consideration of documents when registering a trademark. It is worth reading this document when filing an application or contact a patent attorney.

Along with the application to Rospatent, you need to submit a certain package of documents, which includes:

1. Payment receipt state state duty for filing an application (cost 3500 rubles)
2. Photos of the trademark in the amount of 6 pieces (size 8 * 8 cm).
3. Certificate of registration of an individual entrepreneur or charter and other data of the company.
4. A notarized power of attorney, if a third party will deal with registration issues.

Step-by-step instructions on how to register a trademark yourself

The procedure for fixing one's own rights to a trademark lasts 18 months or more. The stages of the procedure have a certain sequence and require different amounts of time. It is difficult to register a trademark on your own, but it is quite possible to cope with it if you follow the instructions step by step and do everything step by step in the correct order.

Stage 1. Modeling a trademark. At this stage, a novice businessman needs to come up with a name (product, company, individual entrepreneur), a verbal or graphic image (this can be a motto or slogan), develop a design, decide on colors and other image elements. You can come up with a company logo yourself, or you can order it from specialists. If the company is already operating under an unregistered own brand, you can skip this stage and move on to the next.

Stage 2. Checking the uniqueness of the TK. Before applying for registration, be sure to check the image for uniqueness and make sure that it does not duplicate the mark or elements of another brand. If such similarities are found, Rospatent may refuse to register, time and money will be lost. With the timely identification of similarities, they can be corrected and the uniqueness of your sign can be achieved. Sometimes entrepreneurs have to defend their rights even in court if the opinions of the inspecting and inspected parties differ. That is, experts see the similarity of the image submitted for registration with the existing brand, and the entrepreneur insists on the uniqueness and lack of similarities.

Stage 3. Definition of the class of MKTU. The classifier of goods and services can be found on the Internet. It is not always easy to understand it, so before starting the search desired code for your product, read the instructions for working with the classifier.

This article talks about typical solutions legal issues but each case is different. If you want to know how to solve exactly your problem - contact our consultant absolutely FREE OF CHARGE!

Stage 4. Submission of an application and collection of documents. The required set of documents must be prepared in advance. The application is written on a standard form. You can submit documents at the FIPS office or via the Internet.

Stage 5. Waiting for verification. This stage is the longest. FIPS specialists carry out a full check of the application and the trademark. During this period, there is a correspondence with representatives of the institute. It is very important to be always in touch. They can ask clarifying questions or request additional documents... If the answers are untimely or the questions are ignored, the registration procedure will simply be refused.

At Rospatent, an audit is carried out in two stages:

1. Formal verification of the correctness of filling out the application and documents, as well as the compliance of the declared image with legislative norms.
2. The main in-depth examination (substantive examination) of the trademark applied for registration and the identification of grounds for refusing to carry out the procedure.

If the first stage is successful, a formal decision on the acceptance of the application is sent to the applicant. From that day on, he predominantly has the right to register TK (for cases if an application for registration of a trademark similar to and denoting a group of goods similar in class MKTU is filed in the near future). If any errors or inaccuracies are identified, the applicant will receive a refusal with a list of deficiencies that need to be corrected.

Stage 6. Obtaining a certificate for registration of TK. In case of a positive outcome of the checks, FIPS sends a notification to the owner of the trademark. After receiving the notification, you need to pay the state fee for obtaining the certificate and provide the receipt to Rospatent. Then the trademark in accordance with the law will be included in State Register and will be published in the monthly trademarks bulletin. Upon receipt of the certificate in hand, you will need to pay one more fee for the paper medium.

Terms of registration of a trademark

The terms for registration of TK are determined by the legislation of the Russian Federation. The procedure is given 18 months without taking into account the preparation of the image, drawing up an application and submitting documents:

1. From the moment of submission for consideration and formal assessment of the application until the decision on its acceptance is made, no more than 1 month passes.
2. Next, an examination of the claimed image is carried out. This is the longest stage, which lasts from 12 to 15 months.
3. From the moment a positive decision to issue a certificate is made to an official decision, no more than 30 days should pass (during this period, a fee must be paid for obtaining a certificate).
4. From the moment of payment of the state duty to the issuance of the certificate, no more than 2 months should pass (during this period, the TK will begin to be listed in the register of registered trademarks).

You need to know and understand that when errors or violations of the law are detected, the time before obtaining a certificate increases, since additional time is required to make amendments and corrections.

The cost of registering a trademark in 2020

Since October 1, 2017, the amount of duties and the principles of calculation have been changed due to the fact that the Decree of the Government of the Russian Federation No. 1151 of September 23, 2017 came into force on amendments to the "Regulation on Duties".

Now, throughout the entire procedure, four state fees are paid at different intervals (previously there were three):

1. For consideration and formal assessment of the application and the declared TK - 3500 rubles. Plus 1000 rubles for each class of MKTU, if there are more than 5.
2. For the main examination of the claimed image for one class of MKTU - 11,500 rubles. For each additional class, an additional 2500 rubles is paid.
3. For registration and entry into the unified register of trademarks, a fee of 16,000 rubles is paid. Plus 1000 rubles for each class of MKTU, if there are more than 5 of them.
4. The fee for issuing a paper certificate for a trademark is 2000 rubles (if there is a need for a hard copy).

The minimum cost of the procedure will be 33,000 rubles for 1 class of goods according to the MKTU.

If errors are detected, you will have to spend additional money to fix them:

1. You can make changes and amendments to the application and the submitted documents by paying 4900 rubles.
2. To correct an already registered mark - 2050 rubles.
3. For a delay in responding to Rospatent's requests, you will have to pay 850 rubles for each month of the delay.
4. If all the deadlines are missed by the entrepreneur, it is possible to restore the rights to submit materials and answers to all inquiries from FIPS specialists for 8100 rubles.
5. If a refusal is issued, you can appeal it. Cost - 13,500 rubles.

If a person entrusted the execution of the procedure to a specialized company, you need to include the cost of such services in the list of financial costs. The price varies in different regions of Russia, on average it ranges from 15-20 thousand rubles.

Grounds for refusing state registration of a trademark

The grounds for refusing to register a trademark are determined by law. A trademark is not subject to registration if:

1. In the claimed image, symbols and terms of a generally accepted nature are used that describe the properties, value and other characteristics of the goods. Such symbols may only be included on the condition that they are unprotected elements and do not dominate the logo.
2. The claimed image contains elements that are similar to the degree of confusion with the logos of the objects cultural heritage countries that are under state protection.
3. The image contains symbols and elements that can mislead the consumer and are false.
4. In a close period of time, two persons submitted different applications for registration of rights to similar images, which will designate the same or similar group of goods and you are assigned the second degree of priority. The first applicant will be registered, but you will be refused.

Validity period of the trademark registration certificate

The certificate is valid for 10 years. In advance of the expiration of this period, you must apply for the renewal of the rights to your intellectual property. The cost of the procedure will be 20,250 rubles. Automatic renewal is not provided. You can renew the rights to TK an unlimited number of times.

Rights of the owner of the trademark

After receiving a trademark certificate, the owner acquires everything legal rights on him. This is intellectual property with a certain value, so the trademark will be listed on the balance sheet of the company in the column of intangible assets. If it is used illegally by third parties, the owner has the right to sue for damages. Also, trademark rights can be sold or leased to third parties.

What actions the trademark owner has the right to take:

1. To issue and produce goods marked with registered TK.
2. Create advertising campaigns and promote your products under your brand.
3. Legally protect your products from the use of your name and brand by others for commercial purposes for profit.

Important! If the trademark after registration is not used by the rightholder, the third interested party can, through the court, achieve the transfer of the rights to the TK into its ownership.

The procedure for the international registration of a trademark

Your own trademark and trademark can be registered not only on the territory of the Russian Federation, but also on the international market.

The procedure and features of registration of trademarks abroad are spelled out in Article 1507 of the Civil Code of the Russian Federation. There are two options for entering the foreign market:

1. If necessary, promote your products in one or more selected foreign countries, you need to act through their patent office. The procedure is more complicated and costly than national registration. You need to pay translators, deal with the peculiarities of the legislation of a foreign country, hire patent attorneys in that state, etc. The advantage is the fact that in this case it is not necessary to register a trademark in Russia.
2. If the manufacturer is interested in several foreign states, it is advisable to use the Madrid system. In this case, the trademark owner acquires the right to promote and sell his goods in the countries participating in the Madrid Agreement, which are 99 countries. You need to act through the International Bureau of the World Intellectual Property Organization. To undergo the procedure, the trademark must already be registered in Russia. An application for international registration in Madrid is filed through the Russian Rospatent, and the documents are submitted to the International Bureau of WIPO. In this case, there is no need to hire translators and understand the intricacies of the legislation of each country. Registration of rights to TK is carried out according to a single scheme.

Registration of a trademark is a long, financially costly, but necessary process. It will allow the copyright holder to promote their products under a certain brand, earn a reputation and legally protect themselves from falsification. In large business, a trademark is an expensive intellectual property. World history knows many cases when a promoted brand brought a lot of money to its owner when it was sold.

Question answer

Question: is it possible to register a trademark on individual?

Answer: no, this is prohibited by law.

Question: what is a document confirming the registration of a trademark?

Answer: certificate for a trademark (service mark).

Question: can there be a refusal to register a trademark?

Answer: even if all documents are drawn up correctly, the deadlines are met, Rospatent may issue a refusal on the grounds prescribed by the legislation of the Russian Federation (non-uniqueness, the content of generally accepted or prohibited elements in the image, etc.).

This question is often asked Russian entrepreneurs, small, medium and large companies- that is, everyone who has invested certain resources, money and time in creating a brand and building their reputation in the Russian market and wants to protect themselves from unfair competition. In addition, the successful registration of a trademark - a word, picture or logo that you use (or plan to use) in your business activities - will avoid claims from third parties that you violate their intellectual property rights.

Stages of registration of a trademark

1. It is necessary to determine the type of designation

The most "popular" are verbal, pictorial and combined signs, although there are also color, sound, volumetric, etc.

A word mark is a word or combination, in a standard font, black and white.

Pictorial mark Is a picture or several pictures that form a composition.

Combined sign Is a combination of a picture and a word. However, please note that if you apply for registration a word or several words that are executed in color or in the original font, in accordance with the rules of Rospatent, this will qualify as a combined (and not as a word) mark.

2. Determination of the list of goods and services

An application for registration of a trademark is filed not "for everything", but for specific goods and / or services for which you are using or planning to use the mark. All goods and services in accordance with the International Classification (International Classification of Goods and Services, ICGS) are divided into 45 classes. 35 of them are goods sorted by homogeneity, the rest is services. There is an official list of positions that are included in each class. If you did not find what interests you, you can add your own, but there is a risk that the examination will not accept them and will send you a request according to the list to which you will have to answer.

We recommend applying for those classes that you directly need. Adding any class increases the cost of registration. In addition, if you have registered a mark for several classes and do not use it for some of them, the legal protection of your designation may be terminated ahead of schedule - at the request of an interested person, in court, following a lawsuit.

3. Checking the possibility of registration

Before applying for a trademark registration, we always recommend that you conduct a preliminary check. You can do this yourself (there are several available databases on the Internet), or you can contact specialists, for example, to our company.

The disadvantages of self-checking are that, firstly, free databases on the Internet are incomplete. That is, for example, there is no free access to applications that were filed in the last 1-1.5 years and which can interfere with your mark in the same way as the already registered designations, for which search engines, as a rule, search. The second drawback: information sometimes "leaves" from some sites to unscrupulous market participants, and after checking with the help of some server, you may find that someone immediately after your search submitted exactly the same application. Finally, significant disadvantage self-checks on the Internet: You will receive a list of the same or similar signs, but you may not understand which of this may interfere with you, and what are the legal requirements. Only a specialist with experience can conduct a full analysis, compare the visual impression of signs or the similarity of lists and make you informed recommendations about which sign and in what form is most likely to be in
hastily registered.

In addition, the patent attorney checks the compliance of your mark with the Civil Code of the Russian Federation on the so-called absolute grounds: whether the trademark has distinctiveness, whether the consumer is misleading, whether it is false, etc. That is, you get a full report on whether your mark meets all the requirements Civil Code(this is Art. 1483 of the Civil Code of the Russian Federation, "Grounds for refusing state registration of a trademark").

Therefore, we will still recommend that you contact the specialists. In our company, you can carry out an express check of a trademark for identity free of charge, using secure databases that include registered marks. Or, for a full assessment of the chances of registration, you can order full search, as a result of which we will send you a detailed report with our comments and recommendations, and then we will additionally consult by phone. You can familiarize yourself with the cost of searches here, or leave your contacts, and we will call you back and tell you everything.

So, a full search in our company includes:

1) checking the mark for distinctiveness

2) checking the mark for the possibility of misleading the consumer

3) checking the mark for identity / similarity with registered Russian trademarks

4) checking the mark for identity / similarity with registered international trademarks

5) checking the mark for identity / similarity with the submitted applications for registration, the paperwork for which has not been completed

6) general conclusions about the chances of registering the mark as you sent it to us for verification

7) comments on possible options for overcoming the identified obstacles

Note that preliminary trademark verification is a recommended but not mandatory procedure. You can apply without verification, but then you will know whether your mark can be registered only after 10-12 months, based on the results of the examination - this is the standard registration period.

4. Drawing up an application for registration of a trademark

There are a lot of fields in the registration application, however, having some experience or having familiarized yourself with the examples, you can fill it out quite quickly.

Please note that the fields "DATE ​​OF DELIVERY", "REGISTRATION No.", "INCOMING NUMBER" do not need to be filled in - this is done by the department.

Be sure to indicate the date of the application and sign the applicant or representative.

The application is printed in one copy - only one-sided printing.

The trademark image is submitted in two copies.

If the information does not fit in the required fields in the application itself, they are given on separate, additional sheets.

The application is submitted in Russian.

On this page you can download the application form, fill it out yourself, print it and then submit it to the department.

5. Payment of the trademark registration fee

An application for registration of a trademark must be accompanied by the payment of fees: for filing an application and conducting a formal examination and for conducting a substantive examination. Without the receipt of this fee, your application will not be accepted for consideration.

The fee can be paid both before and after the application, the main thing is to do it in a timely manner. If after filing the application the fee is not received by Rospatent, you will be sent a notification about the payment procedure. From the date of this notification, you are given 2 months to pay duties in the standard amount, another six months - to pay duties with a 50% penalty. If Rospatent does not see payment within this period, your application will be canceled.

The payment of the fee is confirmed by a copy of the executed payment order with the bank's mark on the payment. The blue stamp is optional and can be electronic when the payment is made online. You can pay using a receipt at the bank, through the Internet bank, and in other ways. It is recommended to indicate in the payment order the clauses of the Regulations on Fees for which the fee is paid, as well as the name of the mark, the number of the application (if it has already been submitted).

The amount of the duty is: according to clause 2.1. (Application registration) - 3500 rubles. (+ 1000 rubles for each class of MKTU over 1) PLUS according to clause 2.4. (Expertise upon application) - 11,500 rubles. (+2500 rubles for each class of MKTU over 1).

If you apply with the help of specialists, for example, through our company, the amount of fees can be reduced by 30%: such a discount is made when conducting office work through the personal account of a patent attorney. Our company has completely switched to electronic document management: each patent attorney has an electronic digital signature, it is enough to submit an application personal account, it is not necessary to additionally transfer “paper” copies of the application to Rospatent. This ensures reliability, efficiency and fast processing of documents by the department, as well as, as already mentioned, a 30% discount on fees.

A trademark is a rather expensive object of intellectual property, duties are high, so this discount will allow you to save a significant amount of money.

6. Submitting an application for registration

The application must be printed in one copy. Printing is one-sided.

If the mark is colored, it is necessary to print the application in color: Rospatent will enter into the register exactly the designation that will be placed on paper, conduct an examination and register the mark exactly as it is provided.

You must attach to the application payment order confirming the payment of the fee.

The application is submitted to Federal Service for intellectual property at the address: Moscow, Berezhkovskaya nab., 30, bldg. 1 from the right side of the building.

You can also send an application by mail: Berezhkovskaya nab., 30, bldg. 1, Moscow, G-59, GSP-3, 125993, Russian Federation.

Upon receipt of the application, you will receive a notification - an official document, which will indicate the application number and the date of receipt (priority date).

Also, such a notice includes a copy of the first page of the application with the sign itself, information about the applicant, etc.

7. Formal examination of the application

After filing an application, it goes through two main stages of consideration: formal examination and substantive examination. As part of the formal examination, the correctness and correctness of the completion of the application documentation is checked, the presence of all required documents, as well as payment of the duty in the required amount. If any discrepancy is found, the examination will send you a request, the answer is given 2 months. If the problem is that no fee has been received on the application, 2 months are given for payment (or confirmation of the payment made) in the established amount. After that - another six months to pay the duty with a 50% fine.

8. Expertise on the merits

According to the law, the examination is obliged to make a decision within 12 months from the date of the decision on consideration. In practice, the term is 8-10 months from the date of the formal examination.

The period for obtaining the results of the examination on the merits can be officially shortened to 3 months.

The cost of acceleration will be:

Attorney services to speed up the consideration of one application: 29,000 rubles.

Rospatent tariff for acceleration in 2 months:

For one verbal designation (only a word) - 94,400 rubles;

For one pictorial (logo only) - 94,400 rubles;

For one combined designation (word + logo) - 188 800 rubles.

We would like to draw your attention to the fact that the shortening of the examination period does not essentially affect the content of the examination results. Thus, by launching the acceleration procedure, it is possible to obtain the result of the examination much faster (both the decision on registration and the notification of the results of the verification of compliance (provisional refusal)).

9. Provisional refusal

If, based on the results of the examination, you receive a notification of the results of checking your designation to the requirements of the legislation (that is, a preliminary refusal), you can prepare a reasoned response to it, disagreeing with the arguments of the examination. The answer is given six months, after which the examination makes the final decision. If the department does not receive a response, with a 99% probability the examination will remain with the same opinion as in the notification.

At the same time, we quite often have cases when, after preparing and submitting an answer to a preliminary refusal, an expert changes his mind, takes into account our arguments and makes a decision on registration. Therefore, it is worth fighting for a sign.

If you agree with the opinion of the examination (for example, with the exclusion of any word from legal protection), you can also send a response to the department. In this case, you do not have to wait six months: you will receive a decision on registration after a few weeks. Pay the fee promptly - and in one and a half to two months you will have a certificate for the trademark.

10. Decision on registration

If the department made a decision on registration without provisional refusal or after it, you need to pay another fee - for the registration of the mark and the issuance of a certificate. Before that, we always recommend that you carefully read the registration decision, check the declared designation, information about the future copyright holder, the list of goods and services - for errors or typos.

Here you can find the current details for payment of duties and examples of filling out payment orders.

The amount of the fee is: according to clause 2.11 of the Regulations on Fees (Registration of a Trademark) - 16,000 rubles. (+1000 rubles for each class of MKTU over 5) PLUS according to clause 2.14 (Issuance of a certificate for a trademark) - 2000 rubles. For an electronic application, 30% is deducted from these amounts (the fee, it turns out, starts from 12,600 rubles).

The payment of the standard fee is given 2 months from the date of the decision on registration. After that, the fee is increased by 50%, and you have another 6 months to pay it. If during this time cash will not be received by the department, the application will be withdrawn.

11. Obtaining a certificate

After paying the fee within 1-2 months, the mark is registered, entered into the register, you receive a paper certificate. The priority of your mark is determined by the date of application.

Validity exclusive rights for your trademark - 10 years; the TK can be extended an unlimited number of times, each time for ten years. To renew, you need to pay the required fee to Rospatent during the last year of the TK validity period (in the amount of 20,000 rubles up to 5 classes of MKTU + 1,000 rubles for each class over 5) and send an application.

Documents required for registration of a trademark

For a legal entity

Full details of the company (INN, KPP, OGRN, legal address, FULL NAME. the head of the organization and his position)

Power of attorney (we will prepare its draft in accordance with the details you sent)

For an individual entrepreneur

FULL NAME. individual entrepreneur, TIN, OGRNIP, registration address (according to passport)

Power of attorney (we will prepare the project)

Trademark image in graphic format and good quality

List of goods and services for which you want to obtain legal protection of your trademark

The cost of our services for filing a trademark application and record keeping can be found here.

Over the years of our work, we have registered thousands of trademarks, including providing legal protection for the most famous Russian and foreign brands. We will be happy to advise you and do our best to register your trademark. Leave your contact details and we will contact you and answer all your questions!

A trademark (service mark) is an officially registered designation that is used to individualize goods (works, services) of individual entrepreneurs or organizations.

In practice, quite often it is referred to as "brand", "logo", "trade mark", etc. In essence, these expressions are synonymous, but it is the term "trademark (service mark)" that is legal concept and regulated current legislation(Part 4 of the Civil Code of the Russian Federation).

The exclusive right to a trademark is confirmed by a corresponding certificate issued by the Federal Institute of Industrial Property () and is valid for 10 years from the date of filing an application for registration of the mark (with the right to prolongation).

A trademark is protected in the very state in which it was registered, throughout its entire territory. At the same time, the protection applies only to the classes of goods and services specified in the registration application.

Can an individual register a trademark?

Note, only individual entrepreneurs and legal entities can become the owner of a trademark.

Sometimes, companies providing trademark registration services, in order to save time, offer to submit an application before registering as an individual entrepreneur or LLC, or at the same time. This option is possible, but you should act quickly and very carefully, at any time FIPS may request documents confirming your status.

Why do you need to register a trademark?

The owner of a registered trademark receives a significant competitive advantage - no one except him has the right to conduct activities under a similar (similar) designation, otherwise it will be a violation and entail liability.

Registration of a trademark contributes to the growth of profits and an increase in the value of the business, since such a means of individualization can be transferred in whole or in part to the use of other individual entrepreneurs and LLCs for a fee.

In addition, a certain consumer confidence is formed and an increase in the popularity (recognition) of the brand is ensured. After the registration of the mark, it is possible to put a protection mark - ® (registered trade mark) on any items (objects) related to the company.

Types of trademarks

Allocate the following types trade marks:

• verbal - consist of individual words and (or) phrases (slogans);
• figurative - consist of drawings, figures, lines, elements, etc.;
• bulk - represent packaging or directly the product itself;
• sound - can consist of a separate sound or a fragment of a work (melodies, musical screensavers, audiologotypes);
• combined - various combinations of the above types.

What cannot be registered as a trademark

It is prohibited to register a designation if it is not distinguishable or consists of the following elements:

• designating certain categories of goods that have come into general use;
• common terms and symbols;
• describing goods (their quantity, type, quality, place and method of production / sale);
• characterizing the shape of the product, which can be determined solely by the properties or purpose of the product.

Note: the listed elements can be included in the trademark as unprotected, provided that they do not occupy a dominant position in the designation.

Other reasons why the designation as a trademark cannot be registered:

• the designation refers to objects that are not subject to legal protection (Art. 1231.1 of the Civil Code of the Russian Federation) or is similar to them to the point of confusion;
• the designation is false (can be misleading);
• the principles of morality and humanity are violated, there is a conflict with public interests;
• the designation is identical or similar to the degree of confusion with the official names (images) of especially valuable objects of the cultural heritage of the peoples of the Russian Federation, objects of the world cultural (natural) heritage;
• the trademark has already been applied for registration by another person (earlier priority) and the application for it has not been withdrawn (no refusal has been received);
• the designation is identical or similar to the point of confusion with the appellation of origin of goods for which the legal protection regime is already in force;
• the designation is identical with the company name or commercial designation protected in the Russian Federation, or with the name breeding achievement;
• the designation is identical or similar to the point of confusion with a work of science, literature, art known in the Russian Federation, a character (his quotes) and no consent has been obtained from the copyright holder.

How to register a trademark?

The registration procedure is regulated by the Order of the Ministry economic development RF No. 483 dated July 20, 2015.

1. We develop the designation and check for uniqueness.

In the development process, it is necessary to determine the list of goods and services for which a trademark is registered. Such a list is formed on the basis of International classification(MKTU). If the classification of the goods (services) is carried out incorrectly, the registering authority will notify of the need to make adjustments, with the payment of a state duty for making them.

The designation must be unique (original) and not violate the rights of third parties. Russia has Single register registered trademarks, this service is free and freely available. The main disadvantage of the registry is that it will not work to check the verbal and (or) pictorial part of the designation.

Check uniqueness in in full it is possible with the help of FIPS specialists (term - from one month), or by contacting a specialized company (term - from three days).

2. We fill out an application and submit documents for registration.

To register a trademark, an application is filled out in the prescribed form (download the form, sample filling,).

The following documents are attached to the application:

• list of goods by classes of MKTU;
• description of the designation;
• receipt of payment of state duty.

Note: the application and documents for it are drawn up in compliance with the requirements established in clause 7-29 of the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015. No. 482.

State duty for filing an application for registration of a trademark and making a decision based on the results of a formal examination - 2,700 rubles. In addition, there are additional state fees that are paid by the applicant.

List of additional state fees for registration of a trademark

State fees for the registration of trademarks

State fees for extension of terms

State fees for registration of a trademark, contracts and amendments

Ways to submit documents

Trademark registration documents can be submitted in one of the following ways:

• sending by mail;
• transfer of documents directly to the registration authority;
• sending by fax, subject to the provision of original documents within one month with a covering letter;
• using EDS through the FIPS website.

After receiving and registering the application, information about it is sent to the appropriate FIPS division, which publishes information about the applications submitted in the official bulletin. Within a period not exceeding 15 working days, information on the application will appear in the bulletin.

3. Passing the examination

There are two stages here:

1. Formal examination - the application and the documents attached to it are checked (the duration of the stage is up to 2 months).
2. Examination of the claimed trademark is the main stage, during which the designation is studied for uniqueness and lack of similarity to the point of confusion with trademarks that have already been registered in the territory of the Russian Federation (stage duration is up to 18 months).

At any stage, the registering authority may require clarifications, clarifications, additional documents. It is important here to respond in time to incoming requests and not delay the response. If there are no grounds for refusal, the second stage will end with a decision to register the trademark.

4. We receive a certificate of registration of a trademark

After a positive decision on the registration of a trademark is made, FIPS, within a period of not more than 5 working days, sends a notification about this to the applicant.

Having received the decision, you will need to pay a state fee in the amount of 16,200 rubles for registration and issuance of a certificate for a trademark. The document confirming the payment is provided to the FIPS. The registration certificate is issued within 2 months from the date of payment of the state fee.

Refusal to register a trademark

Instead of a decision to register, sometimes it is possible to receive a refusal notice. But in this case, you should not despair, since the refusal is preliminary in nature and you have 6 months to provide arguments in defense of the trademark.

If the deadline for the protection of the mark is missed or the justification is not convincing enough, you will be sent a notification of the final refusal of registration. And even in this case, it is possible to appeal against the refusal in the Chamber for Patent Disputes and (or) in court.

International registration of a trademark

To use the trademark outside the Russian Federation, an international registration of the designation is required. The standard registration procedure involves filing applications with all Patent Offices of those countries in which the use of the trademark is planned.

RF is a member of the Madrid Agreement on the International Registration of Trademarks. Total amount of the acceding countries - 84. Thanks to such cooperation, an application for international registration can be submitted according to a simplified procedure to the Patent Office of the Russian Federation, in English or French... The rules for filling out and filing an application are established by the International Patent Office (WIPO).

Note, international registration of a trademark is carried out on the basis of the originally submitted documents or a certificate of registration of the designation in the Russian Federation.

How to transfer the rights to a trademark?

The rights to a trademark can be transferred to third parties (LLC or individual entrepreneur), while they can be assigned both for all goods (services) and for certain categories. The transfer of rights is carried out on the basis of a civil law contract, on a reimbursable basis.

Types of contracts for the transfer of rights to a trademark:

• agreement of assignment (alienation) of a trademark (Article 1488 of the Civil Code of the Russian Federation);
• license agreement (article 1489 of the Civil Code of the Russian Federation);
• franchise agreement;
• a pledge agreement for a trademark.

When concluding an assignment (alienation) agreement, the original owner loses the rights to the trademark (in full or in relation to the designated goods, services). License agreement is used to transfer a trademark for temporary use, the number of such agreements is determined by the owner of the trademark.

Under a franchise agreement, in addition to the rights to a trademark, a permit is issued to use the name of the company, corporate style, production secrets and others (Article 1027 of the Civil Code of the Russian Federation).

On the basis of a pledge agreement, the owner of a trademark has the right to transfer it as collateral for loans (other obligations). In the event that there is a failure to fulfill them, a claim may be levied on the subject of the pledge.

Everything specified contracts are concluded only in writing and are subject to mandatory state registration with the Patent Office.