Every day, a person comes across a variety of different brands. This happens in a variety of places: in the media, on the street, in a store, while watching a movie, etc. With the transition to market relations, the number of trademarks in Russia has increased many times over. If in the past, only large business entities carried out the registration of a trademark, now it is possible for any company or entrepreneur to secure its own trademark. Nevertheless, despite this opportunity, a large number of business representatives are currently doing nothing to secure the rights to the trade brand. In addition, very often the recognized rights to a trademark are just a pleasing appendage to the business, and the certificate confirming this right is an ordinary non-working piece of paper. Nevertheless, for the protection of their rights, the assigned trademark is a very important element.
Let's consider the procedure for registering a brand. First of all, it should be mentioned that the rights to a trademark are secured on a territorial basis, that is, they are protected in the state where they were registered.
In the Russian Federation, application documents for the registration of a trademark are sent to a division of Rospatent - the Federal Institute of Industrial Property. According to Art. 1492 of the Civil Code of the Russian Federation, these documents include the following list:
- an application for state registration, which indicates information about the applicant, his address of residence or stay;
- trade mark designation;
- a list of goods and services for which the registration of a trademark is provided;
- describing information about the designation for which the documents are drawn up.
One application is issued for each trademark. In the case of registration of several alternative designations of the same trademark, documents are drawn up for each of them. All goods and services are divided into classes according to their purpose, there are 45 of them in total. The list of objects for which trademarks are registered is determined by the declaring party, and its quantitative composition is not limited by anything.
You can draw up application documents on an independent basis, with the help of intermediaries who have passed certification in Rospatent, or with the help of some other representative. It should be noted that when registering a trademark on the territory of Russia, only Russian certified attorneys can represent the interests of foreign companies or entrepreneurs. It should also be noted that only individuals or legal entities with a formalized business status can apply for trademark registration. Ordinary individuals who do not have an individual entrepreneur status cannot apply for a trademark.
The process of registering a trademark usually takes 10 to 12 months, but longer periods are often encountered. At the end of the registration period, a trademark certificate is issued, which secures the special right of the owner of the product or service.
As for the registration of a trademark in Ukraine, there are several nuances in the design of a trademark, which you can learn about on the Brand-UA website, which is located at http://brand-ua.org.