International Trademark Registration
Posted: Wed Jan 22, 2025 8:27 am
The Russian Federation legislation provides for international registration of a trademark in accordance with the Madrid Agreement. It affects 124 countries and allows choosing the states where the right holder would like to receive protection for his TM. The registration procedure will be extended depending on the number of countries selected where the trademark is valid.
If the trademark has already been registered in Russia, then you can proceed to the international application for registration. It is submitted to Rospatent, which sends it for consideration to the International Bureau of the World Intellectual Property Organization (WIPO). There, an examination of the application is carried out for compliance with the data of the national registry. Successful completion of this procedure allows you to legally register the trademark.
Moreover, almost every country advertising database can offer two options for registering a trademark: through the international system (covering several countries) or the national procedure.
International Trademark Registration
Difficulties in registering a trademark
Theoretically, you can register a trademark yourself, but in practice, problems may arise that will be difficult to solve without the help of patent examiners. Let's consider several main problems that you may encounter:
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To distinguish one TM from another, experts accept "similarity to the point of confusion" and "distinctiveness". These criteria are not described in laws, because they are evaluative. No matter how sure you are that the trademark is unique, a specialist can refuse registration, deciding the issue from the height of his experience. That is why he is called an expert.
On the other hand, each expert bases his/her assessment of the similarity of signs on his/her own vision, so there is a chance that you will pass registration with one, but not with another.
Search for similar brands
If the trademark has already been registered in Russia, then you can proceed to the international application for registration. It is submitted to Rospatent, which sends it for consideration to the International Bureau of the World Intellectual Property Organization (WIPO). There, an examination of the application is carried out for compliance with the data of the national registry. Successful completion of this procedure allows you to legally register the trademark.
Moreover, almost every country advertising database can offer two options for registering a trademark: through the international system (covering several countries) or the national procedure.
International Trademark Registration
Difficulties in registering a trademark
Theoretically, you can register a trademark yourself, but in practice, problems may arise that will be difficult to solve without the help of patent examiners. Let's consider several main problems that you may encounter:
Search for similar brands
To distinguish one TM from another, experts accept "similarity to the point of confusion" and "distinctiveness". These criteria are not described in laws, because they are evaluative. No matter how sure you are that the trademark is unique, a specialist can refuse registration, deciding the issue from the height of his experience. That is why he is called an expert.
On the other hand, each expert bases his/her assessment of the similarity of signs on his/her own vision, so there is a chance that you will pass registration with one, but not with another.
Search for similar brands