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FAQ

FAQ

Here you can find answers to the most common questions. Our specialists have prepared comprehensive information on various topics that may interest you.

PATENTS / 2
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WHAT IS THE BETTER WAY TO PROTECT THE APPEARANCE OF THE PRODUCT – AS AN INDUSTRIAL DESIGN OR AS AN OBJECT OF COPYRIGHT?

The application for the industrial design claimed for patenting is examined for novelty and originality by the expert examination, which reduces the risks of direct collision in civil circulation with known identical or very similar objects and increases the significance of the developed product.

The publication of images of patented industrial designs in Russia in the open registers of the Rospatent informs competitors about the existence of objects of exclusive rights and is the reason for civilized competition of homogeneous products on the market.

A patent for an industrial design, like other intellectual property right objects protected by patents, can be used as collateral for loans and is accounted for in the liquid assets of an enterprise, reducing its taxable base.

CAN THE PATENT BE RESTORED AFTER ITS VALIDITY HAS BEEN TERMINATED FOR THE CAUSE OF NON-PAYMENT OF DUTIES?

Yes. An application for restoration of the validity of a patent has to be filed by the person to whom the patent belonged or by its successor.

The application for restoration of a patent should be filed with the FIPS within three years from the date of expiration of the term of payment of the patent fee, but before the expiry of the patent, at the same time relevant fees should be paid.

Trademarks / 6
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BRAND or TRADEMARK. WHAT is the DIFFERENCE?

TRADEMARK – is a designation, which serves for individualization of goods of legal entities or individual entrepreneurs; an exclusive right for it is certified by a trademark certificate.

BRAND is a complex of associations, representations, emotions, value characteristics and features about a product or service in the mind of consumers. The components of the brand are the whole complex of elements of the corporate identity: the name of the brand (word, phrase), the logo, the palette of company colors, the original style, a set of phrases, sounds, trademark, and so on.

So, a brand is a broader concept than a trademark. A trademark can become a brand as a result of active promotion of goods and services.

HOW LONG DOES THE LEGAL PROTECTION OF TRADEMARK IS VALID?

The term of the legal protection of a trademark is 10 years and can be renewed every 10 years. Thus, the period of validity of the legal protection of a trademark can be extended indefinitely, as long as the legislation of the country in which it is registered provides for the legal protection of trademarks.

The longest operating trademark in Russia – Trademark No. 83 “Sunlight”.

Date of the application: 31.03.1923.

Name of legal owner: Unilever N.V.

TRADEMARK AND APPELLATION OF ORIGIN OF GOODS. WHAT IS THE DIFFERENCE?

Trademark || Appellation of origin

10 years. The term can be extended every 10 years without restrictions.

 

10 years. The term can be extended every 10 years during the whole period of the existence of the opportunity to produce goods whose special properties are exclusively or mainly determined by natural conditions and (or) human factors characteristic of the respective geographical object.

 

Right holder

The legal owner (Right holder) can be one legal entity or an individual entrepreneur.

A collective mark may be registered for the association of persons, if the goods produced or sold by persons belonging to this association have uniform quality characteristics or other general characteristics.

 

The Right holder could be any person who, within the boundaries of the same geographical object, produces goods possessing the same special properties. That is, all such manufacturers in accordance with the established procedure can receive a certificate for the exclusive right to use the Appellation of origin.

 

Disposal of the right (alienation, license, etc.)

Allowed

Forbidden

WHY REGISTER A TRADEMARK?

In the process of carrying out entrepreneurial activities, various designations (words, logos, sounds, colors, original forms of packages, etc.) are used to distinguish the company’s products / services against that of competitors.

If such a designation is not registered in a due time, then there is a high probability that competitors will register themselves and begin legally forbid the use of such a designation. Restoration of justice (priority) could take a lot of time, be quite expensive and in some cases it cannot be successful.

WHY REGISTER THE APPELLATION OF ORIGIN OF GOODS?

It is not allowed to use the registered Appellation of origin by persons who do not have the appropriate certificate, even if the actual place of origin of the goods is indicated or the name is used in translation or in combination with words such as “gender”, “type”, “imitation” and so on, as well as the use of a similar designation for any goods capable of misleading consumers as to the place of origin and special properties of the goods (illegal use of the Appellation of origin).

Goods, labels, packaging of goods on which the names of places of origin of goods or similar to them to a degree of confusion of designations are illegally used and counterfeit.

Thus, if a competitor has registered an Appellation of origin, it may begin to prohibit other producers from using such Appellation of origin, if they have not received a certificate for this Appellation of origin in due course.

HOW TO DETERMINE IF THE RIGHTS TO A TRADEMARK ARE VIOLATED?

No one has the right to use without the permission of the Right holder the designations similar to his trademark in respect of goods for the individualization of which the trademark is registered or similar goods, if there is a possibility of mixing as a result of such use.

The rights to a trademark are violated if someone without the permission of the Right holder places a trademark or a designation similar to it to the degree of confusion:

1) on goods, including labels, packages of goods that are produced, offered for sale, sold, displayed at exhibitions and fairs, or otherwise brought into civil circulation on the territory of the Russian Federation, either stored or transported for this purpose, or imported on the territory of the Russian Federation;

2) when performing works, rendering services;

3) on documentation related to the introduction of goods into civil circulation;

4) in offers for the sale of goods, on the performance of work, on the provision of services, as well as in advertisements or on signs;

5) in the “Internet” network, including in the domain name and with other methods of addressing.

If you have not found the answer to your question, please contact us, we will be happy to advise you.

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