How to register a trademark yourself step by step. Trademark. Deadlines for receipt and validity

My friend officially registered her clothing brand last year, and before that she was engaged in production and sales without special registration of the trademark she developed. This procedure takes a long time and requires considerable investment. But my friend was forced to do this, because Lately someone began to actively counterfeit her things and sell them on the Internet at low prices.

To protect her rights, she had to officially register her mark and now she can sue anyone who counterfeits her branded items, and tactfully demand compensation from them for damages. Registering a mark can be made less expensive if you do it yourself. And in this article I will tell you step by step how to act.

We are accustomed to the fact that each product has a specific name, accompanied by the company logo. These are trademarks that distinguish and individualize each product from other similar manufactured products. A mark can be expressed in certain symbols, sounds, smells, drawings, which reflect the main idea of ​​the manufacturer.

The civil legislation of our country strictly regulates the requirements for registration of such marks, therefore registration of only 4 types of marks is permissible:

• symbols, expressed in verbal form in Russian or any other language;
• graphic arts, representing a specific pattern;
• volumetric objects or drawings;
• combinations the listed signs.

In addition to the strictly established form of the sign, the following mandatory conditions must be observed:

1. It should not contain a description of the product, a popular requirement, the sign itself should not mislead buyers.
2. The sign itself should be easily perceived by the buyer, sound good, and should be easy to read and remember.
3. The mark must not violate the rights of competitors or customers. And also it should not contain generally accepted meanings.

The owners of such marks can only be entrepreneurs or legal entities. But individuals can apply for an application. Only for this they must have a power of attorney to perform this operation, or this right must be secured by the company’s statutory documents.

Rules

In order to subsequently avoid troubles and refusal to register a mark, you must first make sure that you do not violate the established rules. Among the main requirements are the following:

1. Registration occurs only on behalf of a legal entity or entrepreneur. A individual officially is the legal representative, which is confirmed by relevant documents.
2. The invented company sign must be absolutely unique. It should not cause buyers to associate it with already registered marks.
3. The validity of the mark extends to the territory of the state where it is registered. That is, in other countries, third parties will be able to use such a mark, and your rights will be protected only on the territory of the Russian Federation.
4. After registering a mark, the owner's rights are valid throughout the country. Unless he was registering a regional mark.
5. All signs must comply with the established classification of the ICGS. Moreover, each owner establishes his own positions upon registration. Other applicants will not be able to obtain a similar sign in the same class.
6. When registering, you must pay a state fee. Without it, the service will not be provided. The more classes you choose, the greater the amount you will pay.
7. If the manufacturer has not used the mark for more than 3 years, his right to the mark may be revoked.

Before registering a mark, you must familiarize yourself with these rules and check their strict compliance. Only after this can you begin to directly register the mark. You can watch the video instructions in the video provided.

Step-by-step algorithm of actions

The main point of registering a mark is that the more complex the mark you come up with, the easier it is to register it. Since the chances of his similarity with other signs will be minimal. By carefully preparing for the registration process, you can avoid many of the problems that most companies face.

The procedure should be as follows:

1. Development. First of all, any company must come up with the design and design of its sign. It may include a name, graphic image, and sound. But sounds are not necessary and are rarely used. All successful companies develop their own corporate identity that distinguishes them from others. It includes: colors, logo, company motto, font and many other significant elements. When creating your own sign, you should carefully think through all the little details and make it stand out from the crowd of your competitors.
2. Examination. Before registering the mark you create, you need to make sure that it meets the established legal requirements of the state. It is also important to check if there are any similar symbols already registered. For this, there are many online databases that provide verification services. These databases can be paid or completely free. You should not skimp on verification, since if similarity with an already registered mark is detected, your registration will be denied. In this case, the paid fee will be lost.
3. Selection of class of ICGS. You must know in advance what products you will produce. Because the class or several classes you choose will depend on this. In the special ICGS classifier you will establish one or more classes of goods that your company will produce under the registered mark.
4. Compiling an application. It is drawn up on a specially designed form. It will require information about the individual who directly draws up the application. It also contains legal information about the organization, an image of the sign itself, its ICGS classes, and a description of the created layout. If the company has previously registered certain marks, you can provide this information as additional information.
5. Filing an application. To do this, you will need to have a mandatory package of documents with you. It is important to know that there are several possible ways to submit an application. This can be done in person at the Rospatent office or sent by an intermediary with a power of attorney, sent by registered mail with certified copies of documents from a notary, or issued electronically if you have an electronic signature.
6. Status Tracking. Verification of the submitted application and all documents can take several months, so anyone who wants to control the process can track the status of the application. After checking the correctness of the submitted documents, it goes to work. Examination of the uniqueness of a mark can take up to 18 months. Rospatent employees have the right to request other documents related to the company’s activities.
7. Obtaining a certificate. After successfully passing all checks, a decision is made to register the mark. On this basis, Rospatent prepares a certificate confirming your rights to the registered mark. The validity of such a document lasts 10 years. After this, it must be renewed, or your rights will be revoked.

Rospatent has a maximum of 18 months to fully verify all provided information. Therefore, you must understand that registering a sign may take you a long time. But on average, registration takes 6-10 months, unless there is a need to provide additional papers.

Documentation

When submitting your application you will need to provide the following documents:

• directly itself statement;
• receipt, confirming payment of the established state duty in the appropriate amount;
• your company registration documents(for entrepreneurs, only an individual entrepreneur certificate is sufficient; for legal entities, a full set of constituent documents is required);
• 8 copies of your sign with him detailed description and classification.

Representatives of legal entities will also need a power of attorney from the organization or a constituent document that states their right to represent the interests of the company.

Price

There are many companies involved in mediation in this area. And the cost of their services varies between 50-150 thousand rubles, and sometimes higher. But if you complete the entire registration yourself, you can save a lot, since the state duty amounts are established by law as follows:

• for submitting an application this year you need to pay 2,700 rubles;
• for organizing uniqueness checks sign 11,500 rub.;
• if necessary sign checks in several classes 2050 rub.;
• behind obtaining a certificate 16200 rub.;
• behind entering new information 4900 rub.;
• If you want to deferment 850 rub.;
• behind recovery lost papers 8100 rub.

All fees paid will be forfeited if the inspection reveals a violation and you have to re-edit your designed sign.

Refusal

Quite often, when registering marks, Rospatent employees identify violations of the law. In this case, the applicant receives official notification. But it is not yet a complete refusal. If it is possible in the document to make some changes to the registered mark, then approval can be obtained.

If you believe that the refusal in this case is illegal, you can try to challenge this decision within six months. To do this, you need to submit an application to a special Chamber. She handles patent litigation.

Conclusion

The process of registering rights to your own mark is quite complex. Therefore, when you are engaged in the production of certain products, you must immediately register an individual mark. In the future, you may have problems with competitors, or with registering a brand that you have already promoted, since it will be similar to someone else’s registered mark. Therefore I recommend:

1. Start developing and registering your own mark immediately after you produce a high-quality pilot sample of your product and firmly decide to engage in this production.
2. Don't wait for your competitors to start counterfeiting your products, or even before you register your trademark.
3. Remember that the registration process can take up to one and a half years, and all this time your product will not be protected by Russian legislation. Therefore, do not skimp on registering an official mark.

If you want to save money, register your mark yourself. The most difficult part is the preliminary verification of the uniqueness of marks, and in this case you can pay for it to reliable specialists using official databases. All other stages can be completed independently. But if you want to arrange everything carefree and quickly, it is better to contact trusted companies that provide these services.

Some companies operate quite successfully for a long period of time under a name that is not officially registered. At the same time, they can produce unique goods or provide good quality services.

If an organization does not have a trademark, it may become a victim of unfair behavior of competitors. In the worst conditions, the situation may become like this: a competitor will register a trademark in his name and will be able to bring the former “owner” to justice.

What it is

A trademark (TM) is another name for a trademark. This is a designation that serves to individualize a company’s product or services. Moreover, it can be owned by both an individual entrepreneur and a legal entity. A trademark can have several forms:

• Verbal.
• Fine.
• Combined.
• Sound.
• Volumetric.
• Other.

It is important to consider that Each trademark has an exclusive right. It is certified by a specialized certificate and is regulated by laws related to intellectual property rights.

At the same time, a TM differs from a brand, which has a certain value for its target audience. This is a recognizable image, which, unlike a trademark, is not directly associated with a product or service. A trademark is primarily a legal concept, while a brand is more of a marketing concept, stimulating the buyer to be more loyal to the company.

There are several types of trademarks, among which some groups can be distinguished:

• Manufacturer's brand- the most common type. It is created and owned by the manufacturing company.
• Seller's brand or private - created by a store, dealer or intermediary. Used to attract buyers who prefer to purchase goods at low prices.
• Licensed– the only type that does not directly belong to the owner of the product. It has to do with the use of names famous personalities and so on.
• Joint- the rarest type, which is used simultaneously by two companies.

Companies most often combine the use of a licensed and a manufacturer's or seller's mark. This allows them to sell more products. At the same time, for the use of a licensed type, a certain percentage of the company or individual to whom it belongs is paid.

Basic provisions of the law

According to the current Russian Federation According to the legislation, for unauthorized use of a registered trademark, a legal entity or individual can be brought to civil, administrative and criminal liability:

• When civil liability the copyright holder may demand the seizure and destruction of counterfeit goods. In addition, he may demand either compensation, the amount of which varies from 10 thousand rubles to 5 million, or twice the cost of the goods.
• When administrative responsibility the violator will face an administrative fine in the amount of 5 to 10 thousand rubles with simultaneous confiscation of goods and equipment for their production from circulation. Moreover, if the person is an official, the fine can reach 50 thousand rubles. For a legal entity, the fine is even greater: its maximum amount is 200 thousand rubles.
• When criminal liability(which occurs in case of repeated violation of the law or causing serious damage) the fine is up to 200 thousand rubles. In addition, the violator may be kept in prison for up to 1.5 years or assigned to compulsory or correctional labor.

Russia has a law “On Trademarks”, which was adopted in 1992. It addresses issues such as the definition of a trademark and its legal protection, the registration process and terms of use. In addition, the law specifies the conditions for termination of legal protection of trademarks.

Why is registration required?

Registering a brand is an important step for most companies. However, this is a rather long and complex process. A brand name is a kind of legal protection that can prevent cases of counterfeiting, counterfeiting and falsification of goods.

Also, a trademark is a protection against competition in any market, since it separates the product from total mass. This allows you to gain customer loyalty and acquire regular consumers of the company's goods or services. At the same time, its presence allows you to attract the attention of potential customers to those products that are just appearing on the market. This is especially true for those products and services that do not yet have analogues.

TM can be considered as a guarantee of product quality. Accordingly, for the buyer this means a reduced risk of deception or disappointment in the product and company.

In addition to the above reasons, trademark registration is necessary because:

• It is inherently capital, allowing you to seriously increase sales while reducing prices.
• It increases the effectiveness of advertising campaigns and all other promotion methods.
• Having a brand name ultimately allows you to increase the profitability of the company.
• TM is a reflection of the status of a product or service. Accordingly, consumers strive to emphasize their status by purchasing only certain trademarks.
• It allows you to sell products at a higher price than your competitors.

Despite the benefits of having and using a trademark, it is necessary to understand that if one of the products fails for some reason, it has a serious impact on the sale of other products. That is why its presence imposes a great responsibility on the company for product quality.

In addition, it takes quite a lot of time to promote a brand. It will be assessed based on development and promotion costs. And the value of a trademark is determined by additional income, calculated depending on the industries in which the company operates and the territory in which it operates. Finally, how successful a TM is can be assessed based on the strength of its competitive position and the stability of financial flows.

Step-by-step registration procedure

Most often, the registration process is divided into 3 main stages, which are as follows:

1. Assessment of the possibility of registering a certain designation as a trademark.
2. Checking the planned designation for similarities with existing trademarks.
3. Completing an application and submitting it to the relevant authorities.

Registration feasibility assessment

At this stage, it is important to understand that the Civil Code of the Russian Federation provides for certain restrictions in relation to designations relating to trademarks, which are perceived by everyone as a designation of goods of one kind or another, etc. It is interesting that if you take the same name, it can be protectable (and accordingly, be used as a TM) for one category of goods or services and not work for another group.

Most often, this type of assessment should be carried out by a professional law firm, since the process is complex, time-consuming and requires certain skills.

Checking the planned designation

This step checks for similarity to existing trademarks and to those that have applied for registration but have not yet been registered. In this case, there are both situations of complete identity of names or designations, and the presence large quantity similarities

This step, like the first, is best entrusted to specialized companies who, in addition to its implementation, will be able to prepare a detailed report on the results of the analysis and draw a conclusion about the possibility of performing the third stage.

Completing an application and submitting it to FIPS

At this stage, documents are completed and sent to the relevant Patent Office. In this case, the application must indicate the following information:

• Designation TM.
• A list of goods or services that will be subject to its action (they must be grouped).
• Description of the invented designation.
• A document confirming payment of the state fee.
• Application for registration of designation.

Detailed information about the registration procedure can also be viewed in the following video:

Cost and terms

Maintaining a trademark involves a lot of costs, not only during the registration process, but also during use. The largest percentage of costs is associated with advertising. At the same time, among the development costs, it is important to consider the following points:

• Costs of monitoring the market and competitive position.
• Payment of labor to designers and artists.
• Costs of testing different brand options.
• Promotion costs.

The cost of a contract to create a trademark in the West can reach several tens of thousands of dollars. In Russia, this amount is much lower, but the process itself takes much longer.

Assessing the feasibility of registration may cost 10-15 thousand rubles depending on the complexity of the procedure. Checking a name for similarity or identity usually takes about a month and will cost the company 20-35 thousand rubles depending on the region of operation and the degree of detail of consideration. The state fee is 2700 rubles. In addition, the fee for carrying out the examination is paid separately. Its sum is equal 11,500 rubles.

Thus, despite the complexity of the registration process, this step is important for the company to achieve a better position in the industry. The presence of a trademark can significantly increase profits from the sale of products and services.

Hello! In this article we will tell you everything about registering a trademark.

Today you will learn:

1. Which authority is responsible for registering trademarks?
2. What documents will need to be prepared;
3. How much does this procedure cost?

What is a trademark

Brand or Trademark – This is a combination of symbols, images, colors or lines that confirm the exclusive ownership of an individual entrepreneur or legal entity for a specific product or service.

In simple words, a trademark or trade mark is an icon that a manufacturer puts on its products. Thanks to this attribute, the buyer can avoid reading the information about the manufacturer written in small print on the back. Just look at the label. This is a kind of “stamp” of the manufacturer.

You've probably heard such concepts as trademarks, brands and trademarks. All these terms are synonymous and mean approximately the same thing. For example, by the word “brand” everyone understands a well-promoted trademark.

What is the purpose of trademarks?

The main purpose of using trademarks can be considered to be the identification of products produced by a specific manufacturer.

Any company that manufactures a particular product wants customers to quickly find its products among the huge assortment of products on store shelves.

A trademark helps to distinguish a particular product. Manufacturers are trying in every possible way to “promote” the brand so that it is recognizable. Thanks to this, the volume of products sold increases, because everyone strives to purchase a product of a well-known brand.

Is it necessary to register a trademark?

When a trademark is registered with Rospatent, it is property that is protected by current legislation.

Let's look at what happens if you don't register a trademark using examples.

Example 1. You produce sausage, you came up with your own logo, but in order to save money, you decided not to register a trademark. Your products are very popular and sales are growing every day. The sausage you produce is valued by customers for its high quality.

But a competing company found out that your products were selling well and started producing their own (less quality) sausage under the guise of yours. Because of this, your sales volumes fall and customers remain dissatisfied with the products.

In this case, you will not be able to contact any government agency with claims. You are defenseless against an unfair competitor.

Example 2. You produce the same sausage, and one day it turns out that the unregistered trademark vaguely resembles the emblem of another, but officially registered trademark. In this case, you may be held liable for misappropriation of another person's intellectual property.

Example 3. If you produce products that sell well, a competitor may register your trademark and launch their products under the guise of yours. And after receiving a certificate for this trademark, you will not have the right to put it on your products.

Types of trademarks

About 500 trademarks are registered in the Russian Federation annually. They can be very diverse.

Let's look at the main types:

• Verbal– trademarks represented by individual words or phrases. They are very easy to remember and convenient for creating any advertising;
• Fine– trademarks represented by drawings, ornaments, geometric figures, images of representatives of flora and fauna, etc.;
• Logos– a sign in the form of text that has been previously graphically processed;
• Combined– the most common trademarks, which are a combination of several types. For example, images and text.

There are also other types of trademarks, namely three-dimensional, holographic, sound, etc. But they are quite rare.

Step-by-step instructions for registering a trademark

So, if you decide to register your trademark through Rospatent, you must understand that you will need patience and the availability of certain funds.

The registration procedure itself will take 1-2 years, during which you will spend about 40 thousand rubles. Well, now everything is in order.

Step 1. Create a trademark.

The question of creating a trademark is asked by managers immediately after or. This must be done before the start of the advertising campaign.

The image on a trademark does not have to be complex. It should be easy and simple for customers to remember. Its creation can be entrusted to employees of the company or other organizations that specialize in these types of work.

Once the design is ready, it must go through a local approval process.

Step 2. Prepare for the registration procedure.

Trademark registration takes place in an institution such as FIPS (Federal Institute of Industrial Property). This is a subordinate institution of the well-known Rospatent.

But before submitting the package of documents, you must thoroughly check your trademark.

This can be done independently through the open register of already registered trademarks on the FIPS website.

Or create and send a request to FIPS, where they will conduct a comprehensive examination of your trademark. But this service costs some money.

You are unlikely to check it properly on your own, since specialists check both the entire trademark and its individual parts. At the same time, you may not know about elements that cannot be included, i.e. prohibited.

In addition, FIPS employees compare your registered trademark not only with already registered marks, but also with those that are currently being registered.

In order for registration to proceed quickly and without major problems, it is better to order a paid examination.

Step 3. Preparation of documents and application.

To carry out the procedure for registering a trademark, it is necessary to prepare a package of documents:

1. An application in the prescribed form, which is filled out by hand. It is a form where you enter the necessary information in certain cells. You can take it from FIPS itself or find it online.

When filling out the application, corrections and going beyond the boundaries of the cells are not allowed.

1. Layout (sketch) of the trademark emblem in two copies. The print must be of high quality, color, the size of the picture is 8*8 cm.
2. Description of all components and parts of the brand. If the image is abstract, then you must indicate its meaning. In the presence of foreign words in a trademark, these words are transliterated in Russian letters.
3. A list of all goods (services) falling under your trademark according to the International Classification of Goods and Services.
4. Receipt for payment of state duty.

Step 4. Submitting an application for trademark registration.

After you have collected all the documents, you need to decide on the method of transferring the documents to FIPS.

This can be done in the following ways:

• Send by mail;
• Send by fax;
• Through the official FIPS website;
• Personally.

Documents will not be accepted if:

• The applicant will not have a passport;
• The trustee will not have a power of attorney (notarized);

If you decide to send documents by mail, then you need to put notarized documents in the envelope and make an inventory of them. Send by registered mail.

Step 5. Waiting for the results of the formal examination.

After you submit an application for registration, FIPS conducts a formal examination of the trademark within a month. During this time, you may receive a letter from Rospatent asking you to correct errors or clarify some points. You must respond to this within 3 months.

Step 6. Conducting a detailed examination.

After the formal examination has been carried out, the trademark is sent for detailed examination. At this stage, everything is checked down to the smallest detail. The trademark is checked both as a whole and its individual parts.

At the same time, a comparison is made with already registered trademarks and those that are this moment are being registered.

The examination is carried out within 12 months. If you contact patent organizations, then with their help the procedure will speed up a little. The review will last 10 months. But this service is quite expensive.

Step 7. Solving clarifying questions.

During a detailed examination, FIPS employees often have questions. They address them to applicants in writing. They must be answered within 6 months, otherwise the application will be cancelled.

If you want registration to take place as quickly as possible, please provide answers promptly.

Step 8. Obtaining a certificate confirming your rights to own the trademark.

If your company's trademark passes all tests, then you will be issued a certificate stating that you will be the owner of the trademark.

You can dispose of a trademark from the date indicated in the certificate.

Registration rules

Registering a trademark is a rather complicated procedure. There are no small things here. Any inaccuracy may result in your application being rejected.

To prevent this from happening, you need to know some rules:

1. Only an individual entrepreneur or legal entity can apply for trademark registration. Individuals are denied registration.
2. The applicant and owner of a trademark can be not one, but two people. But in all documents one (first) will be written.
3. The certificate is issued within 2 months after payment of the state fee.
4. The trademark can include first and last names. The person who registers a trademark with his own name must be an individual entrepreneur. If it is registered by a legal entity that does not bear the given name, then permission must be provided from the person whose name appears on the trademark.
5. The name of geographical objects can be included in a trademark. But there is one condition. The applicant must be registered in this region. For example, let's say you want to create a brand and include the name of your city. Then you must be registered as an individual entrepreneur or legal entity in this particular locality.
6. A trademark can be registered either as a whole or as individual parts.
7. A trademark is protected by the laws of the country where it is registered.

Time limits for trademark registration

The registration procedure takes from 10 months to several years. It all depends on how quickly you answer clarifying questions.

The certificate is issued for 10 years, after which it will have to be renewed. This period is counted from the date of submission of the application for registration. That is, if it took you 2 years to register, then you will have to submit documents for re-registration after 8 years.

Cost of registering a trademark

The amount of financial investment depends on how many goods (services) will fall under your trademark.

Once you decide to register a trademark, you will have to make the following payments:

• Payment for checking a trademark sketch for the presence of prohibited letters, symbols, etc. This includes an examination-comparison of your mark with already registered marks;
• Checking the correctness of filling out and drawing up documentation;
• Comprehensive support (including registration) of an application for trademark registration;
• Government duty.

The state duty is divided into 2 payments. The first (for accepting documents and carrying out the initial examination), you pay before submitting your application. The second – after your registration documents are accepted.

Approximate amount of payments

How can you dispose of a trademark?

A trademark (sign) is an intangible asset. He can bring to his owner.

The rights to use it may be transferred to third parties in whole or in part for a fee. But it is worth considering that the fact of transfer of rights to a trademark must be officially registered with Rospatent.

The owner of a trademark can only transfer the right to it to an individual entrepreneur or a legal entity.

In this case, one of the following agreements is drawn up:

1. Trademark assignment agreement– by signing it, the owner loses all rights to use the trademark.
2. License agreement– according to this document, the owner temporarily transfers the rights to use his intellectual property.
3. Franchise agreement– by drawing up this document, you authorize third parties, in addition to the trademark, to use the company name, use production secrets, etc.
4. Pledge agreement– under this agreement, you use the trademark as collateral to creditors.

Conclusion

Registering rights to a trademark is a rather complicated procedure. It takes a lot of effort, time and money. You can prepare documents and communicate with Rospatent employees either yourself or through a law firm.

But if you do go through the entire procedure and receive the coveted Certificate, you will understand that all the torment and investment are justified.

After all, having your own trademark, you get:

• Product recognition by customers;
• Basis for an advertising campaign;
• Intangible assets.

Often companies decide to register a trademark. As soon as the desire moves into the action stage, problems begin due to misunderstanding of the entire procedure.

Advantages

Main advantages registration of a trademark is considered to be:

In addition, the owner has the right to protect his trademark on the Internet. This applies to domain.ru. In case of illegal use of a sign by any portal, it will be blocked instantly, and administrative liability will be provided.

Requirements for 2020

The main requirements are:

1. Lightness, sonority and simplicity in pronunciation of the trademark. IN mandatory it should be easy to read, remember, and pronounce. It is recommended to test for sound perception.
2. Having an original style and individuality. It is prohibited to use a mark similar to another that has already been registered.
3. Multifunctionality. The trademark should not distort the name in combination with different colors, fonts, and paper quality.
4. The sign must necessarily meet the specifics of the company/firm.
5. Compliance with new trends in industry and technology in general.
6. Internationality. This implies ease of acceptance in the international market.

Cost and place of registration

Registration of a trademark with Rospatent includes payment of state and patent fees. Full price includes:

1. Formation of an application – 2700 rubles. If the request is made via the Internet, the price is reduced by 15%.
2. Conducting an examination of goods and services, for one class – 11,500 rubles. For each additional class you will have to pay an additional 2050 rubles.
3. For the possibility of extending the response period to an examination application - 850 rubles for each month.
4. To make possible changes and various additions to the application or documents - 4,900 rubles.
5. For the registration of the mark itself and the provision of the corresponding certificate – 16,200 rubles.

Payment and provision of the certificate is made within the first four months from the date of receipt of the notification. The period can be increased to six months provided that the fee is doubled.

Preparation

Often, FIPS (Federal Institute of Industrial Property) does not begin checking a trademark immediately; initially it is necessary submit a preliminary application. Only after this the stage of checking the trademark for possible violations begins. Upon completion of the formal examination, all necessary receipts will need to be paid.

Only after this the trademark will be entered into the appropriate database.

Trademark development

If the business is only at the initial stage of its development, but the sale of the product (with the existing name and design) is already in full swing, then this point can be neglected, since the trademark already exists.

If this is not the case, then you have to think about the name of the product or company, a catchy advertising slogan and logo.

With the involvement of qualified designers, you can complement your corporate style with various color shades, including beautiful description(think about the font).

Examination

A trademark must be unique, so you should always check it for compliance. To check for uniqueness, you will need to contact the Rospatent register and search for similar logos.

Uniqueness check is carried out:

• independently (via the Internet);
• through intermediary companies.

The key is awareness importance uniqueness checks. If during the inspection it turns out that such a mark has already been registered, this can lead to serious consequences. For example, you can be refused registration and, as a result, lose your own capital spent on paying fees. If similar signs are identified in a timely manner, you can short term amend the design and make it a unique product.

The use of publicly available databases on the Internet cannot be a guarantee that the mark will be unique. The best option would be to contact organizations that provide patent examination services.

Selecting classes of goods and services

A trademark that has already passed the procedure cannot be changed in the future. For this reason, it is necessary to correctly determine the classification of goods or services that are directly related to the corporate identity.

To determine the required product class, they seek help from an international classifier, which has the highest degree of complexity. This is due to the fact that the same product can be located in several different classes at the same time.

To facilitate the process of finding the required class, it is recommended to take into account not only the purpose of the product, but also its other properties. Rospatent for search has released a special methodological instructions, which aims to provide assistance in this matter.

Completing an application and submitting documents

The trademark is intellectual property, which is registered by the state, so you need to prepare a certain package of documents.

If the applicant is an individual, you must prepare:

• statement regarding initiation of the registration process;
• original certificate of an individual entrepreneur;
• image of the trademark (8 copies must be prepared);
• a list of goods that are directly related to the registration mark, according to the international classifier (ICGS);
• original receipts confirming payment of duties.

If the applicant is a legal entity, then in addition to the above list of documents, it is necessary to prepare a certificate with the code. It is imperative to prepare a copy signed by the head of the organization/company.

Submission procedure

The required package of documents should be submitted to Rospatent in any possible way:

• by personal contact to any branch of Rospatent;
• by sending via Russian Post;
• via the Internet (special software required);
• via fax;
• with the help of companies providing intermediary services.

Tracking status and obtaining a certificate

After the entire package of necessary documentation is transferred to Rospatent employees, they conduct an examination regarding possible registration. The examination period varies within from 8 to 14 months.

Initially, during the first two months, a check is carried out to ensure the correctness of the completed application, a complete list of documents, as well as the compliance of the trademark.

After the formal examination comes to an end, Rospatent employees make a decision on the admission of the trademark to further verification procedures. By the way, it costs extra.

During the inspection process, Rospatent employees may require additional documents from the applicant.

If the applicant does not contact you within several months, the application is canceled automatically. Based on the results of the work carried out, the applicant will be issued a decision by a special commission of Rospatent to register the trademark or to refuse it.

If a refusal is received, it is possible to file a statement of claim with the court in order to appeal the decision.

If a positive decision is made, the applicant receives a corresponding certificate of trademark registration. Before receiving it, you must pay the fee, and then send a copy of the receipt with a covering letter to Rospatent employees.

After a few months, the registration certificate will be received by the applicant by Russian post, its validity period will be 10 years.

State duty

In addition to the above fees, the applicant will need to pay in the amount of:

• for possible decision-making on the issue of consideration of the drafted objection - 8,200 rubles;
• for making a decision on the result of consideration of a possible objection to the issue of granting protection to a trademark - 13,500 rubles;
• on the issue of making a decision on the preliminary result of the request regarding the termination of the provision of trademark protection - 16,200 rubles.

When registering a trademark internationally, there is an additional fee (in Swiss francs):

• 653 – for the black and white shade of the sign;
• 903 – for the color shade of the trademark;
• 100 – additional payment for each product provided that the established minimum is exceeded (if more than 3 products are indicated in any class);
• 100 – for each country.

In addition, during international registration, FIPS requires payment of a state duty in the amount of 4,900 rubles (+ 400 for every fourth and subsequent goods according to IKGS classes).

Deadlines for receipt and validity

According to the current legislation of the Russian Federation, the maximum period for consideration of an application and provision of the corresponding certificate is 18 months and 2 weeks.

In this case, the maximum registration validity period is 10 years. The legislation of the Russian Federation provides for the possibility of extending the validity period for another decade. It must be remembered that you can extend the validity of the certificate an unlimited number of times.

How to register a trademark? Find out in this video.

Each business entity has the right to ban the use of your trademark(TM) by outsiders, but few people know how a trademark is registered. However, many years of experience proves that it is advisable to use such a right as quickly as possible. The article provides information in the form of a step-by-step guide on how you can register a trademark on your own. This is an important process for entrepreneurs, because if a TM does not have registration in government agencies, this can make a businessman dependent on those who registered an identical sign, brand or trademark first. And this, in turn, will pose a serious threat to business development.

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

It should be noted that only a legal entity or individual entrepreneur has the right to possess a trademark. If the business is already operating and the products produced are being sold, then this step can be skipped. After all, the trademark already exists, and customers already know it. If the company has just started operating, before trademark registration its owner needs to think carefully about its development. You need to come up with:

• What will the name of the company or the product it produces be called?
• The company's motto, which would clearly reflect its activities, and at the same time be a kind of advertising;
• It is also necessary to find professional designers so that they can work on the company logo, choose the best and most suitable color scheme, and choose a beautiful and appropriate font for writing in this particular case.

All components should be as attractive and memorable as possible. They must be fully consistent with the activities of the enterprise, and at the same time should not copy the symbolism inherent in trademarks that are the property of other companies.

Step #2: Make a request to employ a trade mark or brand

In order to avoid misunderstandings and related difficulties with the law, before registering a trademark, it is necessary to check for matches in its constituent elements with the elements contained in the technical specifications, which are the property rights of other business entities. This important component for business promotion must be completely unique. You can check it for similarities in the Rospatent registers. If a person understands this issue and has time for this, he can conduct a check on his own. If he does not want to bother himself with such work, he needs to call on people who do this on a professional level. What can the presence of coincidences lead to:

• You need to take a responsible approach to this step in registering your own trademark. Similarity with the brand of other enterprises will be the basis for the patent structure’s refusal to register trademarks;

• As a result of this, the businessman will waste his money spent on paying government duties;
• He will also lose the time spent on the entire procedure.

In some cases, the bureaucracy is quite fastidious in its search for similarities. They dig into their own databases and manage to find the slightest similarity. To prevent this from happening, it is better to immediately seek help from specialists in this area who are capable of conducting a patent examination at a professional level. Plus, it will be much faster.

Step No. 3: Selecting an ICGS class for a product or service

Registration of a trademark means that it cannot be changed in the future. Therefore, before carrying out this procedure, it is necessary to give a precise definition of the goods or services for which the trademark was registered. To find out the class of a product or product, you need to resort to the data of the international classifier. It is called IKGS, that is, the international classifier of goods and services. A product, product or service may be listed under the same name, but is in completely different classes. This is a rather complex process, and to facilitate the work of entrepreneurs, Rospatent even issued a manual that allows you to understand the IKGS. So it is recommended that you first read this manual.

Step No. 4: Drawing up an application for TM registration

After completing all the previous stages of the procedure, you need to write an application. The following documentation must be submitted along with the application:

1. The application itself for registration of your own trademark, where you need to set out all the confidential information of the applicant;
2. Trademark logo (and it must be presented in eight copies). It is also necessary to add a description of the product and its classification according to the International Classification of Standards;
3. Receipts proving that the applicant has paid the required government fees;
4. A certificate certifying that the company has state registration.

These documents will be needed if we're talking about about IP. In the case of legal entity You will also need the company charter and a copy of it.

Step No. 5: Submitting documents for trademark registration

All documentation collected by the applicant, in accordance with the law, is provided to the specialized government agency Rospatent. It is this body that deals registration, chosen by the business entity trademark. You can submit the collected documentation in several ways:

• Arriving at a branch of this government agency and submitting documents in person;
• You can use telefax. But in the future it will be necessary to provide original documents;
• Documents can also be sent by mail;
• An application with a set of documentation can be submitted by a company that is an intermediary;
• If the applicant has the appropriate software, he can submit the application electronically.

Having recorded the submitted application, Rospatent notifies the entrepreneur of the day when the department received it and gives him the registration number of the application.

Step No. 6: Monitoring the status of the submitted application

Documentation submitted to the patent office is formally verified:

• Check whether the application meets the required standards;
• All attached documentation and its necessary availability are checked.

The verification procedure can last up to sixty days. If everything meets the required standards, the documentation is subjected to a more thorough check, which can last up to a year and a half. All of the above is checked (lack of similarity, classification of products or services). This procedure often takes place in the form of requests and responses between the patent office and the entrepreneur who wishes to register a trademark. If no inconsistencies are identified, Rospatent gives the go-ahead and notifies the applicant of this.

Step #7: Pick up the issued certificate

As soon as the trademark registration is completed, the applicant pays another fee, for the document itself. By submitting the payment receipt to the patent office, the customer receives a certificate within the same sixty days. The received certificate must be renewed or re-registered after ten years.

Cost of registration (state fee, legal services, etc.)

For the entire procedure you need to pay approximately (if difficulties arise) fifty thousand rubles:

1. For the initial inspection – 2700;
2. For expert assessment regarding classification - 11,500;
3. For any additional class, according to international classification you will need to pay 2050;
4. For the certificate itself you will have to pay 16,200;
5. If the application and other documentation need to be changed during the process, you will need to pay another 4900;
6. If the filing deadline has expired, then another 8,100 will be required for the right to re-apply;
7. 850 rubles will need to be paid monthly if the applicant does not respond to requests from the patent office.

In case of refusal to register his own trademark, the businessman will need to pay another 13,500 to appeal the decision of the patent office.