How to get a trademark

As you know, a trademark gives its owner the exclusive right to use certain symbols (logo, inscription, etc.) to denote their goods or services. In a way, a trademark can be equated with copyright. The use of a trademark by other people is considered illegal, and with a timely renewal, the validity of a trademark can be unlimited.

You will need

• - application for registration of a trademark;

• - payment of state duty.

Instruction manual

1

Before registering a trademark, you must first have it. To develop the necessary image, which will decorate your products afterwards, you can attract a good designer and ask him to make several options for your logo.

2

After you decide on the image, write the appropriate application for securing your trademark to Rospatent. Consultation on how to fill out an application can be obtained from Rospatent, which is responsible for registering trademarks, issuing patents, etc.

3

But it’s better to still use the services of patent agencies. So you will save a lot of time and nerves. Since when preparing the registration of a trademark, you will need to not only write a list of goods and services to which the trademark will apply, but also to identify similar designations for other companies. If your trademark is not exclusive, then you may be denied registration.

4

After you write the application, do not forget to pay the state fee, send the application to Rospatent. This can be done directly at the institution or by mail. There, your application will be examined by an expert commission, which also has the right to call you to clarify some points. For example, during the examination you may be asked to submit additional materials, applications, etc. You or your attorneys, in this case, patent agents, will answer the requests of the expert commission.

5

After a certain period of time, Rospatent will issue you a certificate for a trademark or refuse to register it. Typically, the procedure for registering a trademark is delayed for a sufficiently long time - 14-16 months. And in case of an obstacle to registration, even more so. So we advise you to be patient in this matter.

6

If Rospatent decides not in your favor, you have the right to challenge it in the Chamber for Patent Disputes of Rospatent. Trademark registration is valid for ten years. After the end of the term, you can extend it for another 10 years an unlimited number of times.

note

To go international with your trademark, a company needs to register it with the Madrid Trademark Registration System. Thus, you retain the right to your trademark abroad. To register in the international system, you first need to be officially registered in the national.

Useful advice

If you intend to apply for registration in the international system, try to do this no later than 6 months after the issue of the trademark certificate in Rospatent to you. Then the international patent organizations will register you a mark from the moment of its registration in the Russian system. And if you warn Rospatent of the intention to register your trademark in the international system, it will make you an expedited registration procedure, which usually takes 6 months.