Objecting to a Trademark Registration
Under the current legislation of the Russian Federation, objections against the grant of legal protection to a trademark means contesting a decision of Rospatent to register a trademark and its recognition of the exclusive right to a trademark. It is not possible to file opposition in the same way as in many other countries, but it is still possible to object against a registration.
A prior rights owner may file an objection if the registered trademark is considered too close to the older trademark. The deadline for this is 5 years from the date of publication of the disputed trademark. It is also possible for a third party to object to the registration on the basis that the registered trademark is misleading. Both procedures are administrative and take place before Rospatent.
In case you are not satisfied with the decision of Rospatent, you may file an appeal with the Intellectual Property Court.
The grant of legal protection to a trademark may be contested and recognized as invalid fully or partially. Our law imposes limitations on the timeframe within which you can object to the registration of a trademark. In some instances, you can file objection throughout the term of the registration, and in some cases within five years from the date of publication of the registration of the trademark in the official journal.
The grant of legal protection of well-known trademark by its registration in the Russian Federation may be objected to and declared invalid fully or partially throughout the remaining term of the registration if the protection was granted in violation of the requirements of the legislation.
Cancellation for non-use are filed before the Court. A third party may request the early termination of legal protection of a trademark for non-use. The IP Court has exclusive jurisdiction of these disputes, and it is possible to appeal to the cassation instance.
If a trademark registration is fully or partially cancelled, this will be recorded in the Register of trademarks.
License agreements, concluded before the cancellation decision preserve its validity to the extent that they were recorded before the decision.
If your trademark registration is attacked or if you wish to object to the trademark of a third party, we will be pleased to provide you with our services.
If in the opinion of a person, the patent office has registered an unregistrable trademark or has committed actions in violation of the rights of other persons, then the protection of such a mark may be disputed. For this, the interested person draws up and submits an objection to Rospatent. In the text of the document, the person indicates the reasons for challenging the rights and validity of the trademark. A motivated statement of position and the attachment of evidence,(when available) is a plus. If the patent office refuses to satisfy the objection and retains the validity of the certificate for the trademark and the rights of the owner, then the person concerned has the right to appeal this act in court.