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Contestation of Trademark

Under the current legislation of the Russian Federation, contestation of grant of legal protection to a trademark means contesting of decision of Rospatent on the state registration of a trademark and its recognition of the exclusive right to a trademark.

The invalidation of the grant of legal protection to a trademark shall entail cancellation of the decision of Rospatent on registration of the trademark.

Contestation of Trademark Service

  • Подача возражения

    2–3 weeks

  • Рассмотрение в Роспатенте

    3-6 months

  • Решение Распатента

    1-2 months

 

Trademark

The grant of legal protection to a trademark may be contested and recognized as invalid fully or partially. In this case the Russian Civil code imposes limitations on the timeframe within which a trademark can be contested. For some reason the trademark may be contested throughout the term of the exclusive right to the trademark, and in some cases within five years from the date of publication of information on state registration of a trademark in the official Bulletin.

Publicly Available Trademark

The grant of legal protection of publicly available trademark by its registration in the Russian Federation may be contested and recognized as invalid fully or partially throughout the entire term of the exclusive right to this trademark if legal protection was granted in violation of the requirements of the legislation.

Cancellation of Trademark

Legal protection of a trademark may be early terminated from the date of entry into force of the decision of the authorized person — Rospatent or the Intellectual Property Court.

The grant of legal protection to a trademark may be contested by filing objections to the Federal service for intellectual property (Rospatent). In case if the decision of Rospatent for any reason doesn’t satisfy you by results of consideration of objections in respect of trademarks, the decision may be appealed to the Intellectual Property Court.

In case of recognition of legal protection granting to a trademark as invalid fully or partially, corresponding amendment should be recorded in the State register of trademarks.

License agreements, concluded before the decision on recognition the granting of legal protection to a trademark as invalid preserve its validation to the extent by which they were performed at the time of the decision.

In case of dispute of your trademark or if there is intent to contest the trademark of a third party the lawyers of "Zuykov and partners" LLC are ready to provide you with relevant legal services.

Price for the Services
Contestation of TrademarkFrom 60,000–120,000 ₽
ConsultingFree
Federal Service Fees
Court Fee3,000 ₽
Rospatent Fee13,500 ₽
TotalFrom {{ 60000+13500+3000|number}} ₽

We will give you free advice and provide "Contestation of Trademark" service