Trademark registration

Types of trademarks 

A designation of any type or a combination thereof can be registered as a trademark if it has distinctiveness and is suitable for individualization of goods or services. 

Varieties of trademarks are determined by the form of representation of the designation: 

Word Trademark

It includes words, phrases, abbreviations, proper names, letters, numbers. It can be made in both regular and stylized fonts. It is the most common type of mark due to its ease of registration and versatility of use. 

Figurative Trademark

Contains graphic elements: logos, images, symbols. The image must be original and not confusingly similar to the already registered marks. 

Combined trademark

It combines verbal and pictorial elements. The applicant has the right to indicate which of the elements are protected and describe them separately in the application. Often used for logos with the name of the company or brand. 

Three-dimensional trademark

It is the form of a product or its packaging, which has distinctiveness. An example is the original shape of a bottle or vial. It requires the submission of a three-dimensional image and justification of eligibility. 

Sound, light, hologram, positional and other non-standard signs

Such forms are possible if they can be graphically depicted and registered. In Russian practice, such marks are rarely registered, but are allowed if the requirements are met. 

Collective Trademark

It can be registered by an association of legal entities or individual entrepreneurs to designate products that have the same quality characteristics or originate from a certain geographical region.  

Domain name, logo, slogan as trademarks

If the designation is used as a means of individualization and meets the criteria for protectability, it can be registered as a trademark. This includes domains, advertising slogans, and branded graphic elements.

What does trademark registration give? 

Registration of a trademark provides its owner with a legally confirmed exclusive right to use the designation in relation to certain goods or services. This right applies only to the registered mark and is valid within the classes specified when filing the application in accordance with the ICGS (International Classification of Goods and Services). 

Securing exclusive rights

Registration allows the right holder to legally use the mark, indicate it on products, in advertising, on packaging, as well as prevent its use by third parties. Without registration, protection of the designation is only possible in limited cases and requires additional evidence of actual use and notoriety. 

Participation in commercial turnover

A registered trademark can be the object of transactions - alienation, licensing, franchising. It is included in intangible assets, can be contributed to the authorized capital, inherited or used as collateral. 

Protection against unfair competition

Only a registered mark allows you to legally suppress attempts to copy or imitate the brand. Without registration, the suppression of violations is significantly difficult or even impossible. 

Customs protection

After the registration of a trademark, it can be included in the Customs Register of Intellectual Property Objects (TROIS). This makes it possible to block the import of counterfeit products into Russia. 

Judicial protection

The presence of a certificate of registration greatly simplifies the proof of rights in court. The right holder has the right to demand compensation of up to 5 million rubles for infringement of trademark rights.

Who can apply for trademark registration 

The right to file an application for registration of a trademark belongs to entities engaged in entrepreneurial activities - legal entities and individual entrepreneurs.  

Legal entities registered in Russia

Russian companies can file an application with Rospatent independently or through a representative (patent attorney). Registration may relate to designations intended for individualization of manufactured goods, services provided, packaging, advertising, corporate identity. 

Foreign Legal Entities

Foreign applicants must file applications through a patent attorney registered in Russia. The preparation of documents is carried out taking into account the requirements for legalization and translation. 

Sole proprietors

Entrepreneurs without the formation of a legal entity have the right to apply for registration of trademarks, if such designations are used in their professional activities. 

Non-existent entities (individuals who do not conduct business)

Individuals who are not entrepreneurs do not have the right to register trademarks in Russia. Designations used by them for personal purposes (for example, for creative activities) do not fall under the legal regime of a trademark and can be protected by other means (for example, copyright). 

Collective applications

It is allowed to register a collective trademark by associations of legal entities, for example, associations or unions operating in the same industry or region. In this case, an approved charter for the use of the sign is required. 

Representation on request

The application can be filed directly or through a representative – a patent attorney registered with Rospatent. For foreign persons, such representation is mandatory. In this case, the representative acts under a power of attorney issued in accordance with the established procedure.

Trademark registration procedure 

Registration of a trademark in Russia is carried out in accordance with the provisions of Chapter 76 of the Civil Code of the Russian Federation and the administrative regulations of Rospatent.  

1. Preparation of the application

A set of documents is formed, including: 

• application for registration; 

• Designation image (if applicable) 

• a list of goods and/or services according to the Nice Classification; 

• Description of the trademark (if applicable); 

• information about the applicant; 

• power of attorney (if a representative acts). 

2. Filing an application with Rospatent

The application can be submitted on paper or in electronic form through your personal account. From the moment of filing the application, a registration number is assigned and the priority date is fixed. 

3. Formal examination

At this stage, Rospatent checks the correctness of the documents, the availability of all necessary data, the payment of the fee and compliance with formal requirements. 

4. Substantive examination of the designation

An analysis of the protectability of the mark is carried out: 

• the presence of distinctiveness; 

• the absence of grounds for refusal; 

• checking against databases; 

• if necessary, request additional materials. 

5. Making a decision on registration

If the designation is recognized as protectable, a decision on registration is made. The applicant is sent a notification indicating the amount of the fee for registration and issuance of the certificate. 

6. Registration and publication

After paying the fee, information about the trademark is entered into the State Register. At the same time, the mark is published in the Official Bulletin of Rospatent. 

7. Issuance of a certificate

The registration certificate is issued on paper and has legal force from the date of application. The validity period is 10 years, with the possibility of extension. 

Registration deadlines

On average, the procedure takes from 8 to 12 months, depending on the complexity of the examination and the workload of the department. There are expedited procedures (for example, under the Rospatent Accelerated Registration Program), but they are not applicable to all cases.

Requirements for the designation when registering a trademark 

The Civil Code of the Russian Federation and the practice of Rospatent determine the criteria that a designation must meet in order to obtain legal protection. 

Distinctiveness

The designation should clearly individualize the goods or services and not merge with their description. Marks that do not have distinctiveness are not subject to registration. Examples: indication of the type of product ("milk"), generic concept ("network"), general descriptive terms ("best", "new"). 

However, distinctiveness can be recognized as a result of long-term use in the market (acquired distinctiveness). 

Lack of identity or similarity with previously registered marks

Registration will be rejected if the designation: 

• identical to the already registered trademark; 

• confusingly similar to another mark registered earlier for homogeneous goods or services; 

• violates the rights of applications with earlier priority. 

Similarity is evaluated visually, phonetically, and semantically. 

No prohibited elements

Registration is not allowed if the designation: 

• is contrary to the public interest or moral standards; 

• contains official symbols and names (flags, coats of arms, names of states or international organizations); 

• misleads the consumer about the product, manufacturer, place of production; 

• contains elements protected as objects of copyright without the consent of the author. 

Language and symbolism

Registration is allowed for both Cyrillic and Latin notations. However, designations in foreign languages can be recognized as descriptive if they directly indicate the characteristics of the goods. 

Additional Requirements for Non-Traditional Marks

• Images should be graphically reproduced and not repeat generally accepted symbols without justification; 

• Three-dimensional forms - confirmation of the distinctiveness of the form is required; 

• Domain names — possible if the domain is used as a means of individualization; 

• Slogans are protected in the presence of originality and advertising function.

Terms, Costs and Actions After Trademark Registration 

The exclusive right to a trademark is valid for 10 years from the date of filing the application with Rospatent. After this period, the right can be extended for subsequent 10-year periods an unlimited number of times. An application for renewal is submitted during the last year of the badge's validity. It is allowed to file within 6 months after the end of the period with the payment of an increased fee. 

State fees and costs

The amount of the state fee for registration depends on the composition of the application. For 2025, the base rates are as follows: 

• submission of an application (1st class of the Nice Classification) — from 3500 rubles; 

• for each additional class — from 1000 rubles; 

• examination of the designation - from 11500 rubles; 

• Registration and issuance of a certificate - from 16000 rubles. 

Additional actions are also paid: extension of the term, making changes, registration of the transfer of rights, licenses, etc. 

Obligation to use a trademark

The right holder is obliged to actually use the trademark within three years from the date of registration. If the use is not confirmed, any interested person has the right to file an application for early termination of rights with Rospatent. Packaging, advertising, supply contracts, licenses and other documents are used as evidence. 

Making changes and registration support

In the process of using the mark, the following may be required: 

• change of address or name of the copyright holder; 

• transfer of rights (alienation, inheritance, liquidation); 

• conclusion of license agreements; 

• inclusion in the Customs Register of IP objects. 

All changes are subject to registration in Rospatent on the basis of applications and supporting documents.

International Trademark Registration 

Madrid System

Russia is a party to: 

• Madrid Agreement Concerning the International Registration of Marks (1891), 

• Protocol to the Madrid Agreement (1989). 

The system allows you to submit a single international application covering several participating countries (more than 110 countries) at once. At the same time, registration must be based on a national application or registration in the country of origin (in the Russian Federation — in Rospatent). 

Steps to an international registration

1. National filing – the mark must be registered or under consideration by the national office (in Russia – Rospatent). 

1. An international application is filed through Rospatent in WIPO, indicating the list of countries in which protection is required. 

1. Verification and publication – WIPO verifies the application, publishes it in the International Gazette and forwards it to the declared countries. 

1. National examinations – each country independently conducts an examination under its own law and decides on granting protection. 

The Madrid System does not cover all countries. A number of jurisdictions require a separate national application. It is filed through local patent attorneys and is governed by local law. 

• Different countries have different criteria for eligibility; 

• Translation, proof-of-use, and priority issues are often dealt with separately; 

• International registration does not automatically protect against conflicts with previously registered marks in individual countries – in each case, an independent examination is carried out.

Grounds for refusal of registration 

Rospatent has the right to refuse to register a trademark if the claimed designation does not meet the requirements for protectability or violates the norms established by the Civil Code of the Russian Federation.  

Legal grounds for refusal

• Lack of distinctiveness

Designations describing the kind, quality, type, purpose of the goods, as a rule, are not subject to registration. Examples: "Bread", "Eco", "Best". 

• Confusingly similar to already registered trademarks

Rospatent checks for identity and phonetic/visual similarity. Even a partial coincidence can be a reason for refusal. 

• Misleading Designations

Marks that create a false impression of the product, manufacturer, country of origin are not subject to registration. 

• Contradiction of public interests, moral norms

Obscene words, aggressive or politically sensitive symbols are not allowed. 

• Use of restricted elements without permission

Flags, coats of arms, state symbols, full or abbreviated official names of states and international organizations require appropriate consent. 

In case of refusal, the applicant has the right to:

• provide additional evidence (e.g., acquired distinctiveness); 

• change the designation or list of classes; 

• appeal against the decision of Rospatent in administrative or judicial proceedings.