Trademark Oppositions in Russia

Cancellations in national trademark registration procedure in the Russian Federation

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in the Russian Federation, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation or invalidation.

The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark; rights under Art. 6 septies of the Paris Convention; rights in a registered company name (local or foreign); rights under Art. 8 of the Paris Convention; rights under Art. 6 ter of the Paris Convention or the equivalent thereto (Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality; if the mark is identical or confusingly similar to an appellation of origin protected in Russia, or if it reproduces or contains elements that are protected in one of the member states of an international treaty of which Russia is also a member, as marks identifying wines or alcoholic beverages produced within the geographic boundaries of this state if the mark is intended to identify wines or alcoholic beverages that do not come from the territory of this geographic area; if a mark becomes a customary designation for the goods of a particular type; if a mark was registered in the name of a natural person which had no status of entrepreneur; in case of liquidation of a company or trademark owner or cessation of entrepreneurial activity by a natural person; under a court decision that states that a change of trademark owner (as a result of merger or succession) misleads the consumers as to the producer; under a court decision that states that a collective mark is used on the goods the quality of which does not meet the claimed standards.

The deadline for cancellation actions based on a mark’s being identical or similar to a prior-registered mark, well-known mark or appellation of origin must be brought within five years from the publication date of the mark. Cancellation actions based on other grounds may be brought within the whole period of validity of the mark.

In case of non-use grounds, the term to begin the procedure is three years.

If you are facing oppositions in national trademark registration procedure in Russia, please contact us at office@trademark-oppositions.com.