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How to register a trademark
According to the Civil Code of the Russian Federation, a trademark (TM) is an arbitrary designation or combination of designations that distinguish goods or services produced or provided by one person from goods (services) that are produced (provided) by others.
Why do I need to register a trademark for an individual entrepreneur
In our country, an individual entrepreneur at registration is given a name in the form of the surname and initials of the business creator, adding the letters “I” and “P” to the left. This name can hardly be called attractive for business. You can change this situation by creating your own brand. It will not only ensure the recognition of the business, but will also help to increase the authority of the retail establishment in the eyes of buyers and competitors. The name should be registered in the state register and a certificate should be obtained confirming this fact.
A trademark in Russia can be registered by legal entities or individual entrepreneurs. Individuals cannot do this, so you first need to open a business
How to register a trademark in Russia: preparation for the procedure
Before proceeding with such a procedure, you need to study article 1483 of the Civil Code of the Russian Federation, which contains a list of designations that are subject to registration. In particular, it is prohibited to register marks that exactly repeat the state symbols, including images of celebrities (without their permission), etc. A businessman must also determine the class of a trademark according to the ICGS, since it can only be used in relation to those services and goods for which it registered.
You also need to make sure that your brand does not duplicate an existing one. At this stage, the help of specialists may be required, since at the moment about 500 thousand trademarks have already been registered in our country and it will be extremely difficult to check the uniqueness of your logo on your own. The patent office can help solve this problem. Its employees will search not only among the existing ones, but also among the signs that have just been submitted for consideration to Rospatent.
How to register a trademark
In the Russian Federation, Rospatent is authorized to register trademarks. For this, an individual entrepreneur or a company must send an application to this organization. You should be aware that if the TM is not used within 3 years from the date of issue of the certificate of registration, then it will be canceled.
An application should be submitted to Rospatent in advance, since according to the existing regulations, the registration period is at least 12 months. In practice, the procedure can take from a year to 15 months.
What documents will be required
To submit an application to Rospatent, you need to prepare a package of documents, consisting of:
- a statement from the business owner, which indicates the name of the individual entrepreneur or the company – the future copyright holder of the brand submitted for approval, and the registration address of the legal entity or individual entrepreneur;
- TM image in the form of 8 prints (8 by 8 cm) with a verbal description;
- a list of goods with an indication of the classes according to the ICGS for which the designation is registered;
- a receipt confirming the payment of the fee;
- the charter of the trademark, if the mark will have collective owners.
The application can be submitted by the future copyright holder or through a patent attorney. In the latter case, you will need to submit an application signed by the head of the organization.
Registration costs are made up of the state duty for registration services and payment for the work of the agency, which checks its uniqueness and the execution of all documents.
Registration of a trademark for individual entrepreneurs can be carried out independently. However, it is difficult for an unprepared person to cope with this task, which requires a lot of time and knowledge of the intricacies of the procedure.
Directly filing an application with Rospatent costs 2700 rubles. The examination service with the subsequent decision-making, which will cost 11,500 rubles, is quite costly. In addition, for each class of goods to which the TM will apply, in addition to the 1st, an additional payment of 2050 rubles is required. You will also need to pay a state duty in the amount of 16,200 rubles. for the issuance of a registration certificate for one owner or RUB 20,250 if the mark is collective.
The minimum fee is RUB 30,400. To this sum must also be added the cost of the services of the patent office (on average 30 thousand rubles). They include checking the uniqueness of a mark, preparing an application, filing it with Rospatent and obtaining a registration certificate from this organization.
You should also be prepared for possible additional costs in the event that during the procedure you have any changes in the charter or legal address. This will require making changes to the application and again paying the state fee of 4900 rubles. Any mistake or discrepancy in the submitted documents, as well as their incorrect design, will lead to the fact that the registration of the mark will cost you more than if you entrusted this work to professionals.
Should I register a trademark?
Having learned the cost of TM registration, many decide to abandon this “idea”. However, the costs not only pay off, but also help to significantly increase profits by increasing the prestige and reputation of the brand, as well as by increasing its recognition.