Opposition Against Trademark Application
If an entrepreneur plans to highlight products on the market with the help of a trademark, it is advisable to register the designation in the country where he plans to manufacture and commercialize goods.
In Russia, to provide legal protection, the owner of the means of individualization applies to Rospatent. After the receipt and registration of the application, the specialists of the patent office carry out a formal examination: they check the payment of the fee in the appropriate amount, the completeness of the information provided and the correctness of filling out the documents. If the application meets the requirements, the information about it is published in the official bulletin of Rospatent, and the documents are sent for examination of the trademark.
According to article 1493 of the Civil Code of the Russian Federation, in the period from the publication of information in the bulletin and until the decision of Rospatent to register a trademark, it is allowed to file an objection against the application and protection of the mark.
Any person can apply to the Patent Office. The information about the declared trademark becomes publicly available thanks to the publication in the official source.
There are a number of requirements for an objection:
- The document should be submitted in writing and in Russian.
- In the text of the objection, the person sets out the alleged reason for the refusal to register the object.
When Rospatent receives the information, specialists consider the objection and make a decision to satisfy the requirements or refuse it. In addition, the applicant is attracted to participate, who can make changes to the application and, thus, avoid a conflict of interest.
Zuykov and partners will file a reasonable objection or defend the trademark owner. The company's lawyers will help you competently defend your interests and achieve your goal.
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To register a trademark, the owner of the designation files an application with Rospatent. The provided information is checked at the stage of formal examination and information about the claimed trademark is published in the official bulletin. Thanks to this, information about the designation becomes publicly available. If another person considers the registration of such a means of individualization unacceptable, he has the right to oppose the trademark application and to appeal to the Patent Office with an objection. In the text of such an appeal, the person challenging the registration indicates the reasons that prevent the granting of protection. Rospatent specialists consider the objection, evaluate the arguments of the applicant and take them into account when examining the trademark.
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