Trademark Registration in Russia
A trademark is protected in Russia only after it is registered by Rospatent, the federal IP office, or after an international registration under the Madrid system is extended to Russia. Use abroad or a registration in your home country gives no rights here. The owner of a Russian registration can stop copies, block counterfeit imports and claim compensation. A registration lasts ten years from the filing date and can be renewed for further ten-year periods without limit.
Risks of Trading Without a Russian Registration
Russia follows the "first to file" principle. If a local distributor or a competitor files your brand first, it becomes the legal owner. You may then be forced to rebrand, pay for the mark or defend claims from your own former partner.
A registration also matters for everyday business. Marketplaces, customs and advertising platforms ask for a certificate before they remove fake listings or goods.
How a National Application Passes Through Rospatent
The procedure has several steps:
- Clearance search for identical and confusingly similar marks already on the register.
- Filing an application with the image of the mark and a list of goods and services under the Nice Classification.
- Formal examination of the documents and fee payment.
- Substantive examination for distinctiveness, descriptiveness and conflicts with earlier rights.
- Decision to register, payment of the registration fee and issue of the certificate.
A foreign applicant without a Russian address acts through a registered patent attorney. The examiner may send a query or a notice of provisional refusal. A reasoned reply, sometimes with a letter of consent from the owner of a similar mark, often saves the application.
Extending an International Registration Under the Madrid Protocol
Russia is a party to the Madrid Protocol. An owner of a home registration can file through its national office with WIPO and designate the Russian Federation. Rospatent then examines the designation under Russian law and has a fixed period to issue a provisional refusal.
This route is convenient for brands that seek protection in many countries. The weak point is dependence on the base mark: if it is cancelled at home within five years, the international registration falls too. Replies to Russian refusals are still prepared by a local patent attorney.
Timeline, Official Fees and Costs
Official fees are set by the government and published on the Rospatent website. The final amount depends on the number of classes and on whether the mark is filed in colour.
| Step | Typical duration |
|---|---|
| Clearance search | A few days |
| Formal examination | About one month |
| Substantive examination | Usually several months to a year |
| Certificate after payment | A few weeks |
| Expedited examination (extra fee) | About two to three months |
Keeping the Mark Alive
A registered mark must be used. If it is not used for three consecutive years, any interested party may apply to court for early termination. Keep invoices, contracts with distributors, labels and advertising that show the mark on the goods listed in the certificate. Licences must be registered with Rospatent, otherwise the grant of rights is invalid.
Enforcement Against Infringers
A trademark owner has several tools against infringement:
- a claim letter and a demand to stop sales;
- a complaint to a marketplace or hosting provider;
- entry of the mark into the customs register of IP objects so that suspicious imports are held;
- a lawsuit in an arbitrazh court for a ban, destruction of goods and compensation;
- an appeal to the Court for Intellectual Property Rights against Rospatent decisions.
Compensation may be claimed instead of proven losses, within the limits set by the Civil Code. Evidence should be fixed early: notarised screenshots, test purchases and receipts.
Filing Your Mark with Attorney E. V. Petrova
Attorney E. V. Petrova assists foreign companies with clearance searches, filing strategy, replies to examiners and disputes over infringement, working together with registered patent attorneys. To begin, send the mark, the list of goods and services and the countries where it is already registered.
The main channel of communication with the lawyer is email: lawyer@lawyer-moscow.com.