Expertise/Intellectual Property

Service

Trademark Registration

A name, logo or slogan is filed with Rospatent as a trademark, with the involvement of patent attorneys, to secure for the company the exclusive right to the brand for its goods and services.

We are most often instructed by:

  • Companies that use or are launching a brand
  • Groups of companies with a shared brand
  • Applicants whose application has already been filed, including by another representative
  • Holders of registered trademarks

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from RUB 55,000

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
The trademark as an asset

A trademark registration certificate confirms the exclusive right to the brand, and once registered, the brand becomes a company asset and the subject of transactions: sale of the trademark, a trademark licence agreement, a commercial concession (franchise) agreement. Rights to a brand may also be pledged.

A company name does not confer an exclusive right to a brand name: that right is conferred by the company's trademark.

A name and a logo are registered separately or together. Registration of a brand name protects the word itself regardless of font, while registration of a logo protects the specific image.

When a business changes hands or an investor is brought in, it is established separately who owns the rights to the key designations. If a brand is used by several group companies or is linked to the founder, it is determined in advance in whose name it is to be registered and on what basis the others use it.

02 / Outcome
Service Outcome
  • Opinion on registration prospectsA written conclusion on the risks in the selected classes before the application is filed.
  • Filing setAn application with a representation of the designation and a list of goods and services, filed with Rospatent.
  • Responses and objectionsA response to the examiner's notice and an objection to a refusal of registration, if required.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Preparation
What the application is built on

  1. Materials

    The application is built on information about the subject matter and the applicant; the following points are relevant.

    • DesignationThe name, logo or slogan in the form in which it is or will be used.
    • Goods and servicesWhat is currently produced, sold or provided, and what is planned.
    • ApplicantThe person who will become the rights holder, and a power of attorney for the representative.

  2. Assessment

    On the basis of the materials, the prospects of the examination, possible obstacles and ways of overcoming them are assessed.

  3. Plan

    For the chosen option, a plan is drawn up: the documents required, the sequence of steps and the timing.

04 / Projects
Selected Projects
01 / 04

Acting for the buyer

Intellectual property rights in the acquisition of an equipment and digital solutions manufacturer

Challenge

The buyer was acquiring shares in a foreign company that owned a Russian manufacturer of industrial equipment and digital solutions for equipment management and monitoring, as well as shares in a Russian legal entity. The acquisition of the foreign company was governed by English law.

What was done

The comprehensive legal due diligence of the Russian business covered intellectual property rights, as well as the corporate history, business operations, contractual relationships and other matters material to the transaction. The foreign ownership structure, title to the shares being acquired and the legal aspects of the buyer's entry into the existing corporate structure were analysed separately.

The structure and documents of the transaction were agreed. The findings on the Russian and foreign parts of the structure were reflected in the terms of the transaction and the arrangements for its closing.

Preparing for franchising

Consolidation of rights to a group's accounts, websites and materials before franchising

Challenge

A group of companies was engaged in extensive marketing, but its accounts, websites and rights to the materials created were registered in the names of different entities within the group. To set up franchises later, the rights had to be brought together in the group's management company.

What was done

It was established which group entity held each asset, and the transfer of rights to the management company was documented. The rights to the group's marketing assets were put in order and consolidated in the hands of a single entity.

Trademark dispute

Non-use dispute over a trademark that blocked registration of the client's mark

Challenge

The client needed to register a trademark to brand the services of a travel agency. Registration was blocked by another company's mark: that company used it for a cosmetics brand, but the protection of the mark also extended to a number of Nice classes the client needed.

What was done

Claims for early termination of the legal protection of the mark for non-use were prepared in respect of those classes. The claims were put to the rights holder at the pre-trial stage, and the dispute was settled without going to court.

Purchase of an interest

Review of an app developer's intellectual property rights

Challenge

The buyer was acquiring an interest in a company developing a healthy lifestyle app with a weekly audience of more than 1.5 million users worldwide. Comprehensive legal due diligence of the business being acquired was a key part of the engagement.

What was done

The company's intellectual property rights were analysed, as well as its corporate history, business operations and employment relationships. The due diligence findings were taken into account in structuring the transaction and preparing the contractual documentation.

05 / Questions
Frequently Asked Questions

A similar or identical designation does not always mean that the name has to be abandoned. The options depend on whether the similar mark is in force, for which goods and services it is registered and how similar the designations are.

The possible routes are a letter of consent from the rights holder, a change to the designation or the list, acquisition of the rights from the rights holder or, if the similar mark is not in use, early termination of its protection at the request of an interested party. The choice is made on the basis of the check of the designation.

The prosecution can be taken over at any stage under a power of attorney from the applicant. The correspondence with Rospatent and the current deadlines are reviewed, after which a response to the notice is prepared or the prosecution is conducted until Rospatent's decision or, if registration is refused, until the objection has been considered.

An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

Key Contacts
Deni Murdalov Deni Murdalov Partner, PhD (Law), LL.M. Ilya Smirnov Ilya Smirnov Partner

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Other Services in This Practice
Protection and Disputes Brand Transactions Licence Agreements Franchising Assignment of Exclusive Rights Computer Programs and Databases Account Disputes Domain Name Disputes Madrid System Trade Secrets and Know-How Inventions Utility Models Industrial Designs Documents and Consultations

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