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Registration of Company Name as Trademark

Aug. 1, 2016

The correct name of the company is the key to any start-up success, and the more responsible you are in your approach to naming a new company, the better. It is well known that the name should be short, capacious and it should indicate unambiguously the scope of the company activities. After all the required documents for the registration are drawn up and filed, and the proper procedures are carried out, you will obtain an exclusive right to use the company name, but if you prefer to be on the market with such a name in splendid solitude, then this is just the beginning of a long journey.

Unfortunately, the registration only of a company name in our country does not release the entrepreneurs from their main problem at any stage of the business development – a large number of companies with consonant, and often with practically the same names, which are, in fact, engaged in the similar activities as well. So if you do not want to explain endlessly to your customers that your LLC Romashka has nothing to do with companies  Romashka-TM, Romashka -S and with the similar companies, then it is reasonable to register your company's name as a trademark (for the manufacturers of goods), or as a service mark (if it is an issue of services).

It is worth mentioning at once that this process is complex, and the most important thing is that it is not quick. The first thing to do is to make sure that the trademark of interest to you is not in the list of the trademarks that have already been registered. The applicant can receive a refusal to register, even if the registered mark partially (mostly) repeats the trademark that has already been registered. Secondly: Rospatent does not like very much, when the entrepreneurs try to mislead the consumers. For example, any good things will hardly happen, if you try to name the canned horseradish, which you manufacture, the same way as the ketchup of the world famous brand. You should also refrain from using the national symbols, including the names of official organizations, cities, territories, regions and even municipalities. All this can complicate the registration procedure (but this is a topic of a separate, detailed conversation) greatly.

If all formalities are met, and your trademark or service mark does not contradict the registration requirements, then you can file an application with Rospatent freely. This can be done both independently and using the services of a patent attorney, what is much more convenient, because the process of filling in the application also contains a lot of pitfalls. So, for example, in order to draw up the documents properly, it is necessary to determine in which ICGS class (or classes) the trademark or service mark will be registered, and it also should be properly described and the receipt of the payment of the official fee should be enclosed to the application.

What happens next? One of the pleasant things is the fact that Rospatent carries out a formal examination of the documents within a month, after which it takes them into further work. This means the appearance of the priority date of the trademark. That is, if any applicant attempts to register a trademark similar or identical to your trademark, in the overwhelming majority of cases he will receive a motivated refusal from Rospatent. One of the unpleasant things is the fact that it may take a whole year from the moment of the appearance of the priority date of the trademark till the end of the registration procedure. During this period, Rospatent shall carry out a comprehensive examination of the applied designation, under the results of which it shall either issue a certificate of registration for the period of 10 years, or not

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Author of article

Victoria Makarova

Victoria Makarova

Deputy Head of Department / Trademark Attorney