Alena Shokolenko

Starting a commercial activity for a legal entity or an individual is closely tied to selecting a product or service name that should be memorable to consumers and recognizable in the market. The choice of name must consider uniqueness and creativity, as only with these characteristics can the name be registered as a trademark.What is trademarking a name and why it is doneThere are various approaches to choosing a designation for commercial activities and, subsequently, registering it as a trademark. Some businesses try to register the legal entity’s name as a trademark, while others choose an entirely different designation that does not correlate with the company name, often referred to as a "logo," which may involve an original name (word/phrase, possibly with added graphics/images). In any case, trademark registration is the only way to gain exclusive rights to a specific designation, enabling one to protect their rights from infringement in the market, advertising, domain names, and online use.Why is this so important for business?When choosing a designation for further registration, it is necessary to proceed from several factors.The designation must be unique – this means that such a trademark must not be registered in the country where the application is planned to be filed and the mark is to be used, and such a trademark must not be registered for similar goods/services.The designation must meet the requirements for registration of trademarks. In Russia, these requirements are set out in Article 1483 of the Civil Code of the Russian Federation.The designation must be registered in the form in which it is used/planned to be used, so that, if necessary, it will be possible to prove the use of your trademark after 3 years from the date of registration, when the mark becomes vulnerable to cancellation proceedings for non-use by third parties.Selecting the type of trademark. Thus, a sign can be: verbal - in this case the designation contains only a word or phrase, executed in a standard font in black and white; pictorial - in this case the designation contains only a graphic part without any verbal elements and can be in color or black and white; combined - in this case the designation includes verbal and pictorial elements in any color combination. Verbal, pictorial and combined types of marks are the most popular among applicants. Sound, volumetric, positional, taste and other types of trademarks are less common in practice.A trademark is registered in relation to specific goods and services that are grouped for registration purposes according to a special classification system – the International Classification of Goods and Services (ICGS). The ICGS includes 45 classes, from 01 to 34 – classes of goods, from 35 to 45 – classes of services.Applicant's choice. At the moment, the applicant can be: a Russian individual, sole proprietor or legal entity, as well as a foreign legal entity or individual.The above features form the basis for the future trademark. However, the terms "trademark" and "brand" should not be confused. The concept of "brand" is broader than a trademark. It can be said that a trademark is an element of a brand, since it is the trademark that legally protects the brand name or its visual part. In addition to a trademark, the concept of "brand" implies corporate style, the company's approach to business, attitude towards consumers, slogan, etc. "Trademark" is a designation used to individualize goods, work performed or services rendered.Stages of the procedureEvery year, more and more applications are filed with the Federal Service for Intellectual Property (Rospatent), and accordingly, registering trademarks is becoming more difficult, since the growth in the number of registered marks and filed applications narrows the space for new applicants. The interests of applicants and copyright holders of earlier trademarks collide, and disputes begin, considered by the Chamber of Patent Disputes of Rospatent.In order to reduce risks, it is advisable to conduct a search for the selected designation in relation to the classes of the Nice Classification of Goods and Services of interest before filing an application. We conduct two types of searches: verbal and figurative, respectively, depending on the type of mark, we offer specific types of searches. If the designation is multi-component, i.e. contains unrelated verbal elements or several separate figurative elements, we may recommend conducting more than one verbal/figurative search in order to check each element separately and understand the practice of registering such elements. For our part, we always offer to conduct searches so that before filing an application the client understands the chances of registering the mark, but the final decision remains at the discretion of the client.At the same time, it should be noted that conducting a search is a preliminary examination of a designation similar to that conducted with respect to a submitted application by a Rospatent expert. As part of the search, we check the designation for the presence/absence of absolute and relative grounds for refusing to register a trademark, and we check information about the designation on the Internet. Based on the results of the search, we send a report that contains all the information identified and possible courses of action in the event of possible obstacles to registering a trademark. Based on the search results, the client decides on further filing of the application. If the search results reveal significant risks, the client can modify the designation to avoid similarities with previously identified marks or applications. If the mark requires significant modification, we will recommend conducting another search.From a financial point of view, conducting a search before filing an application helps to save money spent at the application filing stage, including the Rospatent fee, if the examination results in a notification, which can be very problematic to overcome and will require additional costs.The procedure for registering a trademark in Russia begins with filing an application with Rospatent. After filing, the application goes through the stages of formal examination and examination of the declared designation.According to Article 1498 of the Civil Code of the Russian Federation, "A formal examination of an application for a trademark shall be conducted within one month from the date of its submission to the federal executive body for intellectual property. During the formal examination of an application for a trademark, the presence of the necessary application documents and their compliance with the established requirements shall be checked. Based on the results of the formal examination, the application shall be accepted for consideration or a decision shall be made to refuse to accept it for consideration. The federal executive body for intellectual property shall notify the applicant of the results of the formal examination. Simultaneously with the notification of a positive result of the formal examination of the application, the applicant shall be informed of the date of filing the application."After the formal examination is completed, the examination of the declared designation begins. According to Article 1499 of the Civil Code of the Russian Federation, “During the examination, the declared designation’s compliance with the requirements of the legislation is checked. Based on the results of the examination of the declared designation, the federal executive body for intellectual property makes a decision on the state registration of the trademark or on the refusal to register it.”Conducting an examination of the declared designation is the most important stage of the registration procedure, during which the Rospatent expert checks the application for the presence or absence of absolute and/or relative grounds for refusing to register a trademark, the specified grounds are set out in Article 1483 of the Civil Code of the Russian Federation.Is it possible to simplify/speed up the procedure?The examination of the declared designation can be accelerated in Rospatent. The standard examination period is 8-10 months from the date of filing the application. Acceleration allows to reduce the examination period to 2-3 months. At the same time, acceleration reduces the examination period, but does not affect its result. Rospatent's tariff for acceleration depends on the type of trademark: for a word, figurative mark - 94,400 rubles, for a combined one - 188,800 rubles.Based on the results of the examination of the applied-for designation, Rospatent issues either a decision on registration or a notification. A decision on registration means a positive decision made on the application by the expert. In this case, the final stage of the registration procedure remains - payment of the registration fee, registration of the mark and issuance of a certificate. Currently, a certificate can be obtained in electronic or paper form, both types of certificates have the same legal force. At the same time, the fee for issuing a paper certificate is 3,000 rubles more. Issuing a notification on an application means that there are obstacles to registering a trademark that the expert has identified. The deadline for responding to a notification is 6 months from the date of its issuance. During this period, the applicant can take action to overcome the arguments of the examination. Possible options for action may be: responses to notifications with arguments about the dissimilarity, heterogeneity of goods / services; negotiations on obtaining letters of consent from the owners of the opposed marks; making changes to the declared list. However, the decision to accept or reject the arguments presented in the response remains at the discretion of the expert.Why it’s better to work with specialistsInvolving a patent attorney to assist in the trademark registration process allows you to build a registration strategy so that the goal is achieved - the trademark is registered. At the same time, it is necessary to assess the risks that the attorney identifies, because our goal is to make the registration procedure as "smooth" as possible. Complex multi-stage cases are also our advantage, since the company Zuykov and partners has sufficient experience in solving complex strategic tasks of the trademark registration process in order to achieve the result that the client wants.

Considering the concept of “trademark”, which is interpreted as “a designation used to individualize goods,” it should be noted that individualization occurs primarily by the consumer. A trademark should increase recognition, stimulate growth in sales of goods and services for which it is used to individualize, and, consequently, increase the profit received by the copyright holder. If all links in this chain are effective, then commercial activity will flourish.The consumer is the final recipient of the product or service. The choice of a particular product (service) is associated with a large number of selection criteria that are taken into account. For each individual consumer, the set of significant and less significant criteria is different. However, consumer awareness of a specific product can exist even in the absence of the direct fact of purchase. For example, a consumer knows a specific premium brand, but does not have the financial ability to purchase products under that brand.When considering controversial issues regarding trademarks, the consumer's opinion is taken into account by conducting a sociological survey. A sociological survey is a type of sociological research focused on studying the prevalence among a strictly defined population (general population, audience) of typical individual ideas, attitudes, values, opinions, knowledge, behavior and life circumstances.A sociological survey can be conducted in the following cases to assess:the presence or absence of actual confusion between a designation and a trademark;semantic, visual, phonetic perception of the designation, which can subsequently be taken into account when determining the similarity of designations, for example, the perception of a complex word by the consumer as having certain roots/parts;the degree of awareness of consumers about the declared designation and about the manufacturer of the goods marked with it when assessing the acquired distinctiveness;well-known designations when the mark is recognized as well-known;the entry of a designation into general use for a product of a certain type;the emergence in the mind of the consumer of the idea that goods belong to one manufacturer in order to establish the homogeneity of goods (services), etc.A sociological survey can be provided to each of the parties to the case, since its conduct can help prove or disprove the position.Requirements for conducting a sociological surveyAmong the requirements for the organization conducting the survey are specialization, independence, and lack of interest. Typically, such organizations are research institutes, companies and other independent and impartial experts.The requirements for the survey are as follows. A consumer opinion survey must first of all comply with professional standards in the field of sociology, that is, it must be conducted on the basis of generally accepted sociological methods and instructions established by the organization conducting the survey (ISO, GOSTR ISO, etc.). As a rule, the document consists of an introductory part (description of the goals, objectives of the study), a description of the study (methodology, target audience, sample, geography of the study, etc.), survey results and conclusions of the organization that conducted the survey. The study is also accompanied by a sample questionnaire and other supporting materials (for example, cards with symbols, instructions for completing the questionnaire for respondents). The field stage of the survey can take place in the format of an interview or in the format of a self-filled questionnaire by respondents.When presenting a consumer opinion survey conducted using a telephone, it should be taken into account that such a study is limited to phonetic perception of symbols. This method is generally suitable for determining the circumstances relating to most verbal designations, but cannot be applied to figurative, volumetric or combined designations.The assessment of the survey results should not contain legal conclusions, which is the competence of the authorized body (Court or Rospatent). It should be borne in mind that the results of a sociological survey cannot be specific; they only reflect the range of possible values. Therefore, it is important to pay attention to the boundaries of the range, and not to point values. In each case, certain ranges are considered in relation to the problem posed, taking into account all the circumstances of the case, in relation to the various questions of the questionnaire and with other evidence.The elements of the survey by which the methodology for conducting it is assessed are the following:circle of respondents - a sample from the target audience that participates in the survey. The total number of potential consumers is the target audience, which is limited depending on the characteristics of the trademark, the goods and services being studied (by age, gender, profession, geography, etc.). The sample as a subset must remain representative of the target audience as a population. The number of respondents in the sample does not affect its representativeness, but should be statistically significant . According to professional standards in sociology, for most cases the sample size is set between a minimum limit of 400 people and a maximum limit of 2000 people. These values, however, vary on a case-by-case basis.geographical distribution of respondents. A sufficient geographical distribution of respondents across the territory of the Russian Federation is especially important for surveys of consumer opinion regarding designations recognized as well-known trademarks on the territory of the Russian Federation. In more detail, the Recommendations for conducting a sociological survey of consumers on the issue of well-known trademark in the Russian Federation are reflected in the Order of Rospatent No. 74 dated 06/01/2001. The minimum number of surveyed respondents specified in paragraph 3.4 of the Rospatent Recommendations, allowing one to draw a conclusion about the objectivity of the survey (at least 500 in two settlements and less than 125 in each other settlement), is indicative in nature.the presence of qualifying (screening) questions to form a target group. According to sociologists, to study consumer opinions regarding goods, it is advisable to divide them into durable or everyday goods. To identify consumers of the first category, it is advisable to use a screening question, which will allow you to record the fact of purchase for a certain period; for the second category, it makes sense to determine the frequency of purchases. In the latter case, this will exclude consumers who accidentally bought a certain everyday product. The quality of the sample of respondents, which should represent an ordinary, average consumer, depends on the effectiveness of this stage.an indication of the goods/services in respect of which the survey will be conducted, usually indicating the items for which the trademark is registered.time parameters that should determine the circumstances on the date that is relevant to the case under consideration. The survey can be conducted at the present time or retrospectively. When assessing the results of a survey that is carried out at a retrospective date, it is important to check how well the target audience met the selection criteria for the study at that time, for example, by age.wording questions is a very important component of a survey. The results of the study depend on the questions. Questions should be clear, clear, objective and consistent with the goals and objectives of the study. Questions should not be leading or contain abbreviations not covered in footnotes. Please note that long questions with a large number of conditions (use of “if, in that case, etc.”) may be viewed critically. Questions can be open (without answer options) or closed (with answer options). Answer options should logically correspond to the question asked, and not distort it.the use of cards with images of trademarks allows respondents to familiarize themselves with the objects of research and express a subjective opinion. On the cards and throughout the survey, the trademark must be presented as registered for the most objective assessment. The use of cards is especially important in surveys regarding combined and figurative trademarks, since in this case the assessment by visual criterion is important.All of the above elements form the sufficiency and effectiveness of the survey. If the research methodology and its components do not contradict each other and meet the goals and objectives, then the use of such a survey can significantly strengthen the position of the copyright holder in the case. The analysis of a sociological survey from a legal point of view is carried out by a specialist representative of the interests of the copyright holder; it is very important to use the survey results to support your position.

Originally published in Patent Lawyer Magazine (July/August 2024)The main characteristics of the industrial designThe uniqueness of an object's appearance can be legally protected by registering. The design of the appearance of an industrial or handicraft product is protected as an industrial design.An industrial design is granted legal protection if its essential characteristics are new and original .The essential features of an industrial design include features that determine the aesthetic features of the appearance of the product, in particular the shape, configuration, ornament, combination of colors, lines, contours of the product, and texture of the material of the product.Features determined solely by the technical function of a product are not protected features of an industrial design.An industrial design is new if the totality of its essential features, reflected in images of the appearance of the product, is not known from information that became publicly available in the world before the priority date of the industrial design.An industrial design is considered original if its essential features are a result of the creative nature of the product's features. In particular, if, based on the information that has become publicly available in the world prior to the priority date of the design, there is no known solution to the appearance of a similar product that would produce the same general impression on an informed consumer as the industrial design reflected in the images of the product's appearance.Legal protection as an industrial design is not provided to:solutions, all features of which are determined solely by the technical function of the product;decisions that may mislead consumers about the product, such as decisions regarding the manufacturer, place of production, or product for which the container, packaging, or label serves, are prohibited. This includes decisions that are identical to those specified in paragraphs 4-9 of Article 1483 of the Russian Civil Code. These decisions may create a similar general impression or include the specified objects if the rights to these objects were acquired before the priority date of the design, unless legal protection for the design is sought by the person with exclusive rights to such an object.Consequently, if the product does not meet the criteria of novelty and originality, it will be impossible to patent such an object.Application for registration of an industrial designIn Russia, registration of industrial designs occurs with the Rospatent. To begin the procedure, you must correctly fill out the application, which must contain the following information:an application for a patent for an industrial design indicating the author and the applicant, as well as the place of residence or location of each of them;a set of product images of up to 7 pieces, giving a complete picture of the essential features of the industrial design that determine the aesthetic features of the product’s appearance;a drawing of the general appearance of the product, a confectionery card, if they are necessary to reveal the essence of the industrial design;description of the industrial design.The application can be submitted to Rospatent in paper or electronic form. At the same time, electronic filing of an application allows you to reduce the filing fee by 30%. The procedure for registering an industrial design with Rospatent consists of two main stages: formal examination and substantive examination.The formal examination of an application for an industrial design includes duty payment verification, checking the availability of application documents, verification of documents submitted upon request of Rospatent, and consideration of an application to withdraw an application/to transform an application for an industrial design, if such an application was submitted. Formal examination is carried out on the application without analyzing the essence of the industrial design.Regarding images submitted in an application: in accordance with paragraph 3 of Art. 1354 of the Civil Code, protection of intellectual rights to an industrial design is provided on the basis of a patent to the extent determined by the totality of essential features of the industrial design, reflected in the images of the appearance of the product contained in the patent for the industrial design. The specified requirement for images of the appearance of the product is aimed at ensuring that the images of the appearance of the product give a clear idea of the scope of the intellectual rights that the applicant is seeking and with which he will be issued a patent.The description of an industrial design is intended to disclose in verbal form the characteristics of the appearance of the product claimed as an industrial design, presented in the images. The description must contain: the name of the industrial design, essential features, characteristics of the purpose and scope of application of the industrial design, information about analogues, an indication of the classification index of the industrial design according to the International Classification of Industrial Designs (ICD).Examination of the applicationIf, as a result of the initial inspection, the necessary documents are found to be submitted and comply with the requirements of the legislation of the Russian Federation, the applicant will be sent a notification of a positive result within two months of completing the verification of payment with a positive outcome.After the successful completion of the formal examination, the substantive examination process begins. The main purpose of this examination is to verify the claimed solution against the conditions for patentability of the industrial design that has been submitted.The substantive examination includes the following stages:checking compliance with the requirement of industrial design unity;checking an object declared as an industrial design for compliance with the definition of the concept “industrial design”;checking an industrial design for the content of features that are contrary to public interests, principles of humanity and morality;checking an industrial design for the content of official symbols, names or distinctive marks;checking the industrial design for the content of features that can mislead the consumer;checking the presence in the appearance of the product of signs determined solely by the technical function of the product;checking the novelty of an industrial design;checking the originality of an industrial design.All of the above steps are carried out through an information search process, which aims to identify information that has become publicly available before the priority date of the industrial design, and which is relevant to the declared design.If any non-compliance with the established requirements is identified, the Rospatent expert will send a request to the applicant. The applicant has 3 months to respond.A positive outcome of the substantive examination is the decision to grant a patent for the industrial design. In this case, it is necessary to pay a registration fee.The validity period of an industrial design patent is extended during the last year of each five-year period, while the total validity period of an industrial design patent cannot exceed 25 years. Patent maintenance fees vary depending on the year of validity. For example, it is advisable to pay the fees for the first five-year period at the time of payment of the filing fee, since the patent will only remain in force for two years from the filing date.For an efficient design registration process, we recommend conducting a design search before filing an application to determine whether your product is eligible for patentability. Thus, you can reduce the risk of refusal of your application by Rospatent.

In the context of globalization countries create alliances for the purpose of integration and the formation of common rules of interaction. In particular, this article will focus on the Eurasian Economic Union. The EAEU is an international organization for regional economic integration with international legal personality and established by the Treaty on the Eurasian Economic Union of May 29, 2014. Currently, the EAEU includes five countries: the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation.The EAEU ensures the freedom of movement of goods, services, capital and labor, as well as the implementation of a coordinated, agreed or unified economic policy for the purpose of comprehensive modernization, cooperation and increasing the competitiveness of national economies in the interests of improving the living standards of the member states.The Eurasian Economic Commission (EEC) is a permanent regulatory body of the Eurasian Economic Union. The commission began functioning in February 2012. The main purpose of the Eurasian Economic Commission is to ensure conditions for the functioning and development of the EAEU, and to develop proposals for the further development of integration.The creation of the EAEU allowed the countries of the CIS to form a structure and rules that will help interact with each other and ensure the stimulation of trade activity and improved economic performance. Belarus and Kazakhstan have a common land border with Russia, therefore, trade turnover between these countries is quite high. Thus, the volume of mutual trade between Belarus and the Russian Federation in 2023 increased by 6% compared to 2022 and amounted to about $53 billion. Trade turnover with Russia, Kazakhstan’s second largest trading partner, amounted to $26 billion in 2023. Despite the fact that Russia does not have a common land border with Armenia and Kyrgyzstan, the volume of mutual trade between these countries shows an increase when comparing 2022 and 2023. Thus, the trade turnover between Armenia and Russia amounted to $7 billion 306 million, increasing by 43.3% compared to 2022. The largest share of Kyrgyzstan's mutual trade in 2023 was with Russia - 67.3% of the total volume of $15.7 billion. Thus, economic indicators of mutual trade confirm that currently the EAEU countries are actively cooperating with each other in trade and increasing these indicators.The result of international trade is the appearance of goods on the market and the satisfaction of customer needs. Products are marked with trademarks for the purpose of individualization for the consumer. Among the countries that are of interest to applicants from Russia from the point of view of registering trademarks, currently the most popular are the countries of the EAEU and other former Soviet republics. How can you register a trademark in the countries of the EAEU? Let’s consider the registration of a trademark in Armenia, Belarus, Kazakhstan and Kyrgyzstan by an applicant from Russia.Methods of trademark registration in the EAEU countriesRegardless of the registration method you choose, we recommend conducting a trademark search in each country to assess your chances of registration before filing your application. The search will allow you to identify possible risks and predict the progress of the registration procedure and likely additional costs. Based on the search results, the applicant will decide on the advisability of filing an application in a particular country.The first method is to submit an international application under the Madrid system on the basis of a Russian registration or application. From the point of view of financial costs and ease of managing international registration, this option is convenient: there is no need to involve local attorneys at the stage of filing an application, and you will have to carry out actions with a sign, for example, making changes, renewing, in only one sign. However, there are a number of features when filing an international application. Thus, an international application must contain information about the applicant, the requested designation and the list of goods/services in accordance with the basic registration/application in Russia. The list of goods/services may be shortened compared to the list in the Russian registration, but it cannot be expanded and additional items cannot be specified. In addition, international registration for 5 years is dependent on the basic registration. In the event that a trademark in Russia ceases to be valid or the Russian application is withdrawn within the 5-year period, the international registration will cease to be valid.The processing time for an international application in Armenia, Belarus, Kazakhstan and Kyrgyzstan is 12-18 months from the date of assignment of the international registration number. Based on the results of the examination, the Office of each country makes a decision on granting legal protection or a preliminary refusal. The time limit for responding to a provisional refusal is limited; local patent attorneys must be involved to prepare and submit it to the national Office. After filing and reviewing the response to the provisional refusal, the national Office makes a final decision, which may be positive or negative, either in whole or in part. If a positive decision is made, separate certificates confirming the registration of the mark in Armenia, Belarus, Kazakhstan and Kyrgyzstan will not be issued.The second method is to submit separate national applications to each country. In this case, the involvement of local patent attorneys will be required, due to which the financial costs will certainly increase compared to the international registration procedure. However, this registration option may be applicable if the applicant does not have a basic registration/application in Russia or plans to use the trademark in different graphic designs (designs) or for different goods in each specific country and, accordingly, cannot file one international application. The time frame for registering a trademark under the national procedure is also approximately 12-18 months. The stages of the national procedure are similar to the international one, however, if the decision is positive, national Offices issue certificates of registration in electronic or paper forms.In the near future, the introduction of a third method is expected - regional registration of a trademark in the EAEU system by filing a single application. The Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union was ratified by Russia on November 20, 2020, and entered into force on April 26, 2021. On September 9, 2022, the 12th meeting of the Advisory Committee on Intellectual Property under the EEC was held, at which priority issues of integration through the EAEU were again considered, including the launch of a regional system for the protection of trademarks and appellations of origin of goods. This system has not yet been put into operation and it is not possible to use it, since currently the participating countries are developing technological documents necessary to launch the relevant general processes of the Union, and a system of duties is being formed for the procedure for registering a regional trademark.What is registered in the EAEU countries?According to statistical data provided by the World Intellectual Property Organization for 2022, the structure of the scope of registration of trademarks of the EAEU countries was as follows.In Armenia, among the most popular goods and services were: advertising and business management; alcoholic drinks; coffee, tea and food products; food and beverage services; meat, fish and poultry (in descending order of popularity). The total number of applications submitted indicating Armenia in 2022 is 13,358 applications, of which 57.4% of the total were submitted by non-residents. The main non-resident applicants were applicants from the Russian Federation, the USA, Switzerland, China, and the United Kingdom. In turn, the leading foreign destinations for applicants from Armenia were Iran, the Russian Federation, the USA, Georgia, and Kazakhstan.In Belarus, among the most popular goods and services were: advertising and business management; research tools; meat, fish and poultry; coffee, tea and food products; non-medical cosmetics (in descending order of popularity). The total number of applications submitted indicating Belarus in 2022 is 16,618 applications, of which 78.4% of the total were submitted by non-residents. The main non-resident applicants were applicants from the Russian Federation, Germany, China, the USA, and the United Kingdom. In turn, the leading foreign destinations for applicants from Belarus were the Russian Federation, Kazakhstan, China, Azerbaijan, and Ukraine.In Kazakhstan, among the most popular goods and services were: advertising and business management; education; coffee, tea and food products; alcoholic drinks; food and beverage services (in descending order of popularity). The total number of applications submitted indicating Kazakhstan in 2022 is 30,437 applications, of which 51.2% of the total were submitted by non-residents. The main non-resident applicants were applicants from the Russian Federation, China, the USA, Germany, and Switzerland. In turn, the leading foreign destinations for applicants from Kazakhstan were the Russian Federation, Kyrgyzstan, Uzbekistan, Ukraine, and China.In Kyrgyzstan, among the most popular goods and services were: advertising and business management; pharmaceutical products; clothing, shoes, hats; coffee, tea and food products; financial services (in descending order of popularity). The total number of applications submitted indicating Kyrgyzstan in 2022 is 8,203 applications, of which 91.1% of the total were submitted by non-residents. The main non-resident applicants were applicants from the Russian Federation, China, the USA, the United Kingdom, and Switzerland. In turn, the leading foreign destinations for applicants from Kyrgyzstan were the Russian Federation, Kazakhstan, Uzbekistan, China, and the USA.In the Russian Federation, among the most popular goods and services were: advertising and business management; clothing, shoes, hats; research tools; education; scientific and technological services (in descending order of popularity). The total number of applications submitted indicating Russia in 2022 is 421,140 applications, of which 10.8% of the total were submitted by non-residents. The main non-resident applicants were applicants from China, Germany, the USA, Switzerland, and Italy. In turn, the leading foreign destinations for applicants from Russia were Kazakhstan, Belarus, China, Uzbekistan, and Armenia. And the leading applicants under the Madrid system for 2020-2022 were PJSC Gazprom Neft, JSC Zhirovoi Kombinat, part of the Rusagro group of companies, JSC KONTI-RUS, CJSC Myasnaya Galereya, part of the group of companies "ABI Product".Thus, effective interaction between the EAEU countries is confirmed by the statistics provided. It is obvious that the application activity of non-resident countries ensures investment in the economy of the country where it is planned to open a business. Therefore, the launch of a regional trademark registration system in the EAEU is eagerly awaited by both applicants and patent attorneys. We hope that from the economic and technical aspects this system will be more profitable and convenient, which will lead to closer interaction between the EAEU countries in the field of trademark registration.

According to Art. 1477 of the Civil Code of the Russian Federation, a trademark is a designation used to individualize goods [1]. Thus, the ability to individualize goods (services) is determined by the nature of the trademark. The type and color combination of a trademark are characteristics that distinguish marks from each other. The most basic types of trademarks include verbal, combined and figurative. Verbal designations include words, combinations of letters that have a verbal nature, phrases, sentences, as well as their combinations. Pictorial symbols include images on a plane of living beings, objects, natural and other objects, compositions of lines, spots, and any figures. Combined designations include combinations of elements of different types of designations: pictorial, verbal, volumetric and other designations. However, in addition to the indicated types, signs can be three-dimensional, sound, positional, changing, color, light, holographic. A designation may be applied for registration as a trademark in any color or color combination [2].However, a unique combination of mark elements or colors is not enough to register a trademark. The designation applied for registration must comply with the requirements of Art. 1477 and 1483 of the Civil Code of the Russian Federation. So, in paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation contains the so-called absolute grounds for refusal of registration, according to which state registration as trademarks of designations that do not have distinctive ability or consist only of the following elements is not allowed:those that have come into general use to designate goods of a certain type;which are generally accepted symbols and terms;characterizing goods, including indicating their type, quality, quantity, property, purpose, value, as well as the time, place and method of their production or sale;representing a form of goods that is determined solely or mainly by the property or purpose of the goods.Designations that do not have distinctive ability also include: simple geometric shapes, lines, numbers; individual letters and combinations of letters that do not have a verbal character or are not perceived as a word; common names. These elements may be included in a trademark as unprotected elements if they do not occupy a dominant position in it.However, designations, designations consisting only of non-protectable elements mentioned in paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation can be registered as trademarks if they have acquired distinctiveness as a result of their use and the consumer perceives the declared designation as a trademark of the applicant [3].The distinctiveness of a trademark is the property of a trademark to distinguish, in the eyes of the consumer, the goods marked by it from similar goods of third parties. It should be noted that applicants often submit for registration designations containing so-called slogans, sometimes of an advertising nature. Often, such designations can be effective for individualizing goods and services on the market. Such phrases can be easy to remember and thereby provide an advertising effect for the product or service specified in the list.When conducting an examination of the above-mentioned designations, to determine the presence or absence of their distinctiveness, the following factors can be taken into account:whether the designation is ambiguous;whether it is original in nature;whether it can be easily remembered by the consumer.Such designations should be succinct and not overloaded with words [4].If at the application stage a notification is received which sets out the reasons for refusal of registration on the basis of clause 1 of Art. 1483 of the Civil Code of the Russian Federation, the applicant may try to prove the distinctive ability of the mark so that the element is registered without disclaimer. As documents confirming the distinctiveness of a mark, information can be provided: on the duration, intensity of use of the designation, territory and volumes of sales of goods marked with the declared designation, on advertising costs, its duration and intensity, on the degree of consumer awareness about the declared designation and the manufacturer of the goods, including the results of sociological surveys; information about publications in the open press of information about goods accompanied by the declared designation and other information.Please note that the submitted documents must contain the mark in the form in which it was applied for registration.Documents submitted by the applicant to prove that the designation has acquired distinctiveness are taken into account when making a decision on state registration of a trademark if they confirm that the applied for designation, before the filing date of the application, was perceived by the consumer as a designation intended to individualize the goods of a certain manufacturer.Documents containing information about the duration, intensity of use of the designation, are advisable to present the territory and volumes of sales of goods in a structured form, broken down by year, so that the idea of the use of the mark within the framework of the specified criteria is clearer. It is desirable that indicators of the intensity of use and sales volumes of goods show growth, and the territory of use expands. Such development in the use of the trademark will be confirmed by an increase in the share of consumers familiar with the mark.Information about advertising provided as part of the process of proving distinctiveness is an important indicator, because advertising is the main channel for promoting goods or services. It is through advertising that a consumer can learn about a trademark that is used on a product or in the provision of services. In the modern world, advertising methods and tools are widely developed: advertising is carried out by posting on signs in public places, broadcast on television, radio, on the Internet and by telephone, as well as through the distribution of samples or printed advertising materials. Contracts with advertising contractors, videos, printed materials - all this can be presented as an argument for the applicant's position on the acquisition of distinctiveness.A sociological survey is a tool that identifies the degree of consumer awareness about the declared designation and the manufacturer of the goods. Due to the high cost of conducting a sociological survey, applicants are not always ready to carry it out at the application stage. At the same time, if the survey results show a result confirming a high level of consumer awareness about the declared designation and the manufacturer of the goods, about the association of the designation with the applicant, the applicant’s position will be significantly strengthened.Additionally, to prove distinctiveness, information on exhibitions and other events at which the trademark was presented to a wide range of people, information on the placement of the mark in printed publications, etc. can be provided.The examination of Rospatent is very strict in the analysis of documents that are submitted by applicants to prove their distinctiveness. Thus, the expert can request additional materials that he considers necessary to provide in the application materials.At the same time, even if a trademark consisting of the elements specified in paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation, registered as protected, taking into account the provided evidence of distinctiveness, it cannot be ruled out that third parties may try to challenge the corresponding decision of Rospatent on registration. Such actions may include conducting a counter-argumentative social survey and collecting evidence to support the contrary.It must be understood that proof of distinctiveness is subjective. The perception of the declared designation and its attribution to unprotected elements must occur without speculation, that is, without building additional associations. To be classified as unprotected elements, the designation must directly meet the criteria of paragraph 1 of Art. 1483 Civil Code of the Russian Federation. In the event that the designation is not descriptive, i.e. does not apply to the designations specified in paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation, we can talk about its fantasy and give appropriate arguments.Sources:Civil Code of the Russian Federation (part four) dated December 18, 2006 N 230-FZ (as amended on December 5, 2022), Article 1477.Rules for the preparation, submission and consideration of documents that are the basis for carrying out legally significant actions for the state registration of trademarks, service marks, collective marks, approved by Order of the Ministry of Economic Development of Russia dated July 20, 2015 N 482, paragraph 32 [Electronic resource]. Access mode: https://rospatent.gov.ru/ru/documents/482-prikaz-minekonomrazvitiya-rossii-ot-20-07-2015-482Rules for the preparation, submission and consideration of documents that are the basis for carrying out legally significant actions for the state registration of trademarks, service marks, collective marks, approved by Order of the Ministry of Economic Development of Russia dated July 20, 2015 N 482, paragraph 35 [Electronic resource]. Access mode: https://rospatent.gov.ru/ru/documents/482-prikaz-minekonomrazvitiya-rossii-ot-20-07-2015-482Filippova A.A. Features of checking the presence of distinctiveness of designations applied for registration as trademarks [Electronic resource]. Access mode: https://new.fips.ru/about/deyatelnost/konferentsii-seminary/fil_tz.pdf

The role and significance of intellectual property objects (IPO) in the economy and society becomes more and more important and significant every year. In developed countries, it is IPO and innovation that form the majority of the country's gross domestic product. The share of the innovation sector is growing every year, causing the process of intellectualization of the world economy.In addition, the volume and variety of methods of violating the rights to the results of intellectual activity and means of individualization are growing. The creation of intellectual property involves significant costs, but at the same time, objects are easily replicated and reproduced in violation of the rights of copyright holders. Products related to intellectual property are the most vulnerable and require state protection and protection.It is important to competently carry out the movement and control of intellectual property. For these functions, the Customs Register of Intellectual Property Objects (hereinafter referred to as TROIS, the Register) is used.TROIS is one of the mechanisms that allows for customs control while respecting the rights and interests of intellectual property rights holders included in this Register in the Russian Federation.Almost all goods moved across the border contain elements of intellectual property or are directly related to them. With the help of TROIS, customs regulation of the turnover of goods containing intellectual property is implemented.The procedure for maintaining TROIS by the customs authorities is determined in accordance with the Administrative Regulations of the Federal Customs Service for the provision of public services for maintaining the customs register of intellectual property objects dated July 8, 2019 (approved by Order of the Federal Customs Service of Russia dated January 28, 2019 N 131 (registered with the Ministry of Justice of the Russian Federation on June 6, 2019 No. 54861).The central body authorized to maintain the register is the Federal Customs Service of the Russian Federation, which receives and considers applications:for inclusion of intellectual property in the Register on the basis of applications from copyright holders (their representatives); on extending the deadline for entering IP into the register; on the exclusion of IP from registers; on making changes and additions to the registers; publication of a list of IP included in registers, bringing these registers to the attention of customs authorities and interested parties; taking measures related to the suspension of the release of goods; interaction of customs authorities with government bodies, citizens and organizations on issues related to maintaining registers.Thus, we can highlight several main functions of the TROIS mechanism:The protective function lies in the operation of the TROIS mechanism, used to protect the interests of the copyright holder.The regulatory (control) function is carried out through the activities of the Federal Customs Service when checking goods at the customs border, identifying violations and taking measures to suspend goods, informing the copyright holder.The incentive function is to motivate copyright holders to enter IP into the Register in order to prevent further violation of their rights.The economic function implies a reduction in the financial losses of copyright holders from the penetration of illegal goods into the market and their sale, which could result in a decrease in the share of original goods on the market. Thus, the copyright holder will be able to sell the planned volume of its original products.Currently, the application and all documents attached to it for the inclusion of IPO in the TROIS can be submitted electronically through a personal account on the website of the Federal Customs Service of the Russian Federation or on paper.The main IP included in the TROIS: objects of copyright and related rights; trademarks (service marks); appellations of origin of goods.Copyright holders (Russian and foreign individuals and legal entities, including individual entrepreneurs) can act as applicants for inclusion of IPO in the TROIS. If the copyright holder is a foreign person who does not have the possibility of representation on the territory of the Russian Federation before the customs authorities, the corresponding application is submitted by a representative - a Russian legal entity, or an individual who has Russian citizenship and resides in the Russian Federation, including registered on the territory of the Russian Federation as individual entrepreneurs authorized in accordance with title documents to interact with the Federal Customs Service of Russia on issues related to maintaining the Register.A document confirming the authority of a representative is a power of attorney.An application for inclusion of a trademark in the Register must contain the following information about the copyright holder:if an application is submitted by a Russian legal entity, it must be signed by its head or a person authorized by the head and contain the following information: location and address; telephone number, fax number (if available), email address for exchanging information on public services; information on state registration of a legal entity; information about registration with the tax authority as a taxpayer and taxpayer identification number.if an application is submitted by a Russian individual, it must be signed by him personally and contain the following information: last name, first name, patronymic (if any), address of residence; contact telephone number, email address, postal address for exchanging information on public services; number, series of the passport, name of the authority that issued it, date of issue, date and place of birth, registration address at the place of residence, TIN (if any) or relevant details of another identification document.if an application is submitted by a representative of the copyright holder, information about the representative of the copyright holder is indicated in accordance with the information specified in paragraphs 1-2 above;if the copyright holder is a foreign organization, the following shall be indicated: full and abbreviated name of the foreign organization in Russian and foreign languages (in Latin transcription); address of the foreign organization in the country of registration in Russian and foreign languages (in Latin transcription); information about registration based on data from the trade register or certificate of incorporation, or other document of a similar nature of the relevant country of origin, containing information about the authority that registered the foreign legal entity, registration number, date and place of registration;if the copyright holder is a foreign individual, the application shall indicate the surname, full name and address of residence, name and details of his identity document.The Applicant also provides information about persons authorized by the relevant title document to interact with customs authorities on the issues of taking measures to protect rights to intellectual property, including those related to the suspension of the release of goods that have signs of violation of the rights of the copyright holder to intellectual property.An application for inclusion of a trademark in the Register must contain the following information about the IPO trademark:name and description of the trademark (service mark);information about documents confirming the registration of a trademark (service mark) in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation;information about agreements on the alienation of exclusive rights in the event that exclusive rights were acquired under such an agreement;information about the transfer of the exclusive right to a trademark (service mark) without a contract;information about license ( sublicense ) agreements and licensees (sublicensees);information about commercial concession agreements (subconcession);information on granting the right to use a trademark (service mark) on other grounds provided for by the legislation of the Russian Federation.An application for inclusion of a trademark in the Register must contain the following information about imported/exported goods:information about persons involved in the circulation of original goods and goods that have signs of violation of the rights of the copyright holder, indicating their role (importer, carrier, consignee, manufacturer, exporter);information about traffic (transit) routes, types of transport, places of transshipment, storage, places of crossing the customs border of the Eurasian Economic Union, places of customs operations and customs control;information about the distinctive features and characteristics of goods (for each type of product);description of goods and individual components, images and diagrams in JPEG format;features of transportation of goods, type of packaging, identification numbers, imitation of security markings, barcodes , images and diagrams in JPEG format;information about the documents accompanying the goods and their distinctive features;information about identified cases of violation of the rights of the copyright holder (provided if this information is available).Information about goods is generated indicating product codes in accordance with the unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union at the level of the first four characters, based on the list of goods in respect of which cases of violation of the rights of the copyright holder have been identified, indicating for the trademark (service mark) classes of international classification of goods and services, in respect of which a trademark (service mark) is registered and the corresponding goods are introduced into civil circulation.Please note that the application must indicate the period during which the customs authorities need to protect the rights to the trademark specified in the application. The period of protection by customs authorities of the right holder's rights to a trademark is established when it is included in the Register, taking into account the period specified in the application (taking into account the validity period of the documents attached to it, that is, the certificate for the trademark), but not more than three years from the date of its inclusion in Registry .Regardless of the IPO, the following documents are attached to the application: power of attorney (as indicated above); obligation of the copyright holder to compensate for property damage that may be caused to the declarant, owner, recipient of goods or other persons in connection with the suspension of the release period of goods; the charter and constituent documents of the copyright holder and the representative of the copyright holder (if the application for inclusion of IP in the Register is submitted by the representative of the copyright holder) if the Applicant is a legal entity; a copy of the passport or other identification document of the Applicant, if the Applicant is an individual ; an extract from the trade register or a certificate of incorporation or other document of the relevant country of origin containing information about the authority that registered the foreign legal entity, the registration number, the date and place of registration; a document confirming insurance of the copyright holder's liability for damage that may be caused to the declarant, owner, recipient of goods or other persons in connection with the suspension of the release of goods (insurance agreement, insurance policy) with confirmation of payment of the insurance premium (if available at the time of filing the application for inclusion of IP in the Register).In relation to a trademark, the following documents are provided: certificate for a trademark (service mark); certificate of trademark based on information from the State Register of Trademarks and Service Marks of the Russian Federation; a certificate of a well-known trademark based on information from the List of well-known trademarks in the Russian Federation; documents on the availability of legal protection of a trademark (service mark) in the Russian Federation by virtue of international treaties of the Russian Federation; agreement on the alienation of the exclusive right to a trademark (service mark) (on the assignment of a trademark (service mark); license (sublicense) agreements granting the right to use a trademark (service mark); commercial concession agreements; documents confirming the transfer of the exclusive right to a trademark mark (service mark) without a contract.The above documents are presented in the form of originals or copies certified by the person who submitted them, by the authorized bodies that issued such documents, or certified by a notary, or in the form of electronic documents signed with the electronic signature of the person who submitted the documents using the Personal Account.The period for consideration of an application for inclusion of a trademark in the Register cannot be more than three months.If the documents and information submitted by the Applicant are insufficient to make a decision to include the trademark in the Register, the period for consideration of the application is extended until the requested additional information is submitted, but no more than two months after the day the request was sent.The inclusion of a trademark in the TROIS has become an important and necessary mechanism for preventing violations of the rights and interests of copyright holders. The use of such measures by customs authorities to protect intellectual property rights is becoming increasingly popular among Russian and foreign copyright holders. However, the procedure for entering a trademark into the Register requires careful collection of all necessary documents and information so that the process is efficient and effective.

Starting a business in another country is necessary, in addition to organizational formalities, including registering a trademark in order to obtain protection of your exclusive rights in order to be able to defend them.International registration of a trademark under the Madrid system is a convenient and cost-effective tool. Currently 114 countries of the world are parties to the Madrid Agreement and the Protocol. To file an international application, it is necessary to have a basic certificate or an application filed in Russia. The information specified in the materials of the international application must correspond to the information from the base mark (application), namely: the name and address of the applicant, the trademark, its color combination, the list of goods or services. In this case, the list in the international application may be declared in a shortened form, but expansion of the available goods or services is not provided. The main advantages of filing an application under the Madrid system are the centralized submission of documents to the WIPO IB, which is carried out through Rospatent and gives the ability to expand the validity of an international registration to other countries in the future, and carry out all necessary actions (extension, amendments, alienation, etc.) directly through WIPO MB by submitting a single request. Centralized office work through the WIPO MB allows you to effectively manage your trademark and wisely spend financial resources. Otherwise, applicants would be forced to file separate applications with the national offices of countries with the help of patent attorneys.Upon receipt of the materials of the international application at the WIPO IB and subject to payment of the appropriate fee, the application is assigned an internal number, and within 4-6 months from the date of filing, an electronic certificate is issued with the assignment of an international registration number. At the time of receipt of the certificate, the trademark has not yet been registered in the declared jurisdictions; examination of it is just beginning in each national office. The examination period is 12-18 months, depending on the workload of the departments and the established procedure for considering applications. Based on the results of the examination, each agency makes either a positive decision on the application or a preliminary refusal with the expert’s arguments about the obstacles to registering the mark. The time frame for responding to provisional refusals varies from country to country depending on national legislation - in China this period is 14 days, and in the USA it is 6 months. To overcome the preliminary refusal, it is necessary to contact foreign attorneys on whose behalf the response is submitted. Some national authorities, for example, in the USA, Canada, Australia, may issue more than one preliminary refusal, identifying the grounds for their direction.The official website of the WIPO IB contains a search section for trademarks, both by number and by a larger number of components: by name of the mark, by class, by country, by copyright holder, by base number, by image. From the point of view of managing international registration, there is a convenient eMadrid system , which allows you to independently interact with the WIPO IB and submit documents of various types.The Madrid Application Assistant is an electronic version of the official Form MM2 that must be used to file an international application under the Madrid System:An extension of an international registration provides a tool for filing an international registration in additional jurisdictions, subject to payment of an extension fee. As soon as the WIPO IB receives a request for an extension, the copyright holder is informed about it, and then examination begins in the countries specified in the extension.Limiting the list of goods or services is an option that is sometimes necessary to overcome preliminary refusals if it is not possible to implement a restriction as part of a response to a refusal.Termination of an international registration in whole or in part is two separate options that allow the copyright holder to independently terminate the legal protection of his trademark in all or part of the declared countries.Alienation of an international registration allows you to fully or partially assign the exclusive right to a trademark in favor of a third party.Renewal of international registration is an integral part of the trademark management process. Renewal of a trademark in the WIPO IB is carried out every 10 years during the last six months of the validity of the mark. If the renewal deadline is missed, the mark can be renewed for an additional period of six months after the deadline. In this case, the amount of the duty will be increased by extending it into an additional period.The WIPO IB also provides the opportunity to submit electronic forms for the disposal of an exclusive right through licenses, restoration of missed deadlines (subject to compliance with all necessary payments), merger or division of an international registration.Thus, the Madrid Trademark System provides applicants and representatives with the ability to manage trademarks that are registered under the system. Recently there have been changes to the interface of the Madrid search engine Monitor: the procedure for presenting data has been updated; documents on office work in different countries have been mostly digitized. Additionally, I would like to note the convenient Contact service Madrid, where WIPO IB specialists respond to requests within 1-2 days.WIPO

On June 29, 2023, changes regarding the procedure for registering a trademark in Russia came into force, namely: now the applicant for the registration of a trademark (service mark) can be an individual, in addition to individual entrepreneurs and legal entities.A high level of interest and desire for such a change on the part of the applicants was observed for a long time, while until June 29, 2023, in accordance with Art. 1478 of the Civil Code of the Russian Federation - the owner of the exclusive right to a trademark could be exclusively a legal entity or an individual entrepreneur [1]. This article is now invalid.At the same time, the practice of trademark registration shows that trademarks were previously registered in the name of foreign individuals. As an example, we can cite the trademark "MONACO" according to certificate No. 783076, the copyright holder is Vladimir BANKO, "Le Roque Fleuri" 1 ru du Tenao, MC 98000 Monaco, MONACO (MC) [2].Thus, Russian individuals who do not have the status of an individual entrepreneur were limited in comparison with foreign individuals in terms of law. The entry into force of the respective amendment equalizes the position of applicants from Russia and foreign states, providing equal opportunities for both groups of applicants.In terms of requirements for filing a trademark application, there have been minor changes, which are as follows. If the applicant is an individual, it is necessary to indicate the SNILS (insurance number of individual personal account) number when submitting the application in the appropriate field. The ability to specify SNILS appeared in the application form after the entry into force of the relevant changes. The full name and address of the applicant must be indicated as in the passport of a citizen of the Russian Federation. The requirement to indicate the TIN when applying remains in force, since it is assigned to each individual. Previously, when only individual entrepreneurs or legal entities could be an applicant, it was necessary to indicate PSRN (primary state registration number) and KPP (registration reason code). When applying for an individual who does not have the status of an individual entrepreneur, the required number of zeros must be filled in the indicated fields. The rest of the application requirements remain unchanged.At the same time, in addition to formal changes, I would like to analyze and try to predict the trends that may occur in the field of trademark registration in connection with these changes.The imposition of sanctions against Russia in 2022 led to significant changes in the structure of the economy and the market: many foreign participants in the Russian market left our country, while others, on the contrary, appeared as new players. The mechanism of parallel imports was launched, and trade intermediation became a very popular and profitable business. At the same time, nothing has changed from the point of view of the effective exclusive rights to the trademarks of the right holders that have left the Russian market, the marks continue to be protected on the territory of Russia.Structural changes in the economy and the market stimulated the development of small and medium-sized enterprises (hereinafter referred to as SMEs), which were able to satisfy the needs of consumers with goods, the supply of which to Russia decreased or stopped completely due to the decision of their manufacturers. SMEs are the group of entrepreneurs most capable of responding to crises and stimulating the economy in these situations. Thanks to SMEs, it was possible to maintain supply on the Russian market in the current unstable conditions. Therefore, expanding the circle of applicants in terms of registering trademarks for individuals is an additional tool for another important group - self-employed persons.In 2019, the State Duma of the Russian Federation adopted amendments to the law “On the procurement of goods, works, services by certain types of legal entities” (223-FZ), which equate self-employed citizens with small and medium-sized businesses in the procurement of state-owned companies [3].Self-employment is a special tax regime with a reduced rate. It is also called the Professional Income Tax (PIT). From income received from individual entrepreneurs and legal entities, the self-employed pay 6%, and from income from individuals - 4%. Taxes are paid only upon receipt of income [4].Thus, it is more profitable from a tax point of view to carry out commercial activities, acting as an individual with the status of self-employed , and now the possibility for the specified group of persons to register trademarks makes it possible to protect the designation used and makes it possible to protect their exclusive rights if necessary.According to the main performance indicators of Rospatent for the first quarter of 2023 [5]: “In the first quarter of 2023, the number of applications to Rospatent from the commercial sector increased by almost 10% compared to the same period last year. The number of applications from the SME sector increased by 14%. The growth of indicators is also observed in the marketing promotion of Russian businesses of their own goods and services. In the first quarter, Rospatent received almost 29,000 applications for the registration of Russian and foreign trademarks, which is almost 20% more than last year. This was announced on April 27 by the head of Rospatent Yuri Zubov during the plenary session of the XV International Forum "Intellectual Property - XXI Century", organized by the Chamber of Commerce and Industry of the Russian Federation (CCI RF).".That is, even before the changes in the part of trademark applicants, there was an upward trend in the number of trademark applications, in particular, the growth shows the SME sector as an applicant. Of course, innovations will lead to an increase in the number of applications, as well as an increase in the share of SMEs as applicants, which include self-employed individuals.At the same time, the aspect of increasing the load on Rospatent and FIPS, which carry out the examination of applications and the subsequent registration of trademarks, is interesting. So, if we consider the indicators for 2022, then according to the main performance indicators of Rospatent for 2022 [6], “For 2022, compared to 2021, the overall indicator of the average duration of consideration of applications for trademarks remained at the level of no more than 4 months and amounted to 3.88 months, and compared to the indicator for 2020, it decreased by 1.12 months. The algorithm for calculating the duration of consideration of applications, as in the previous year 2021, in the reporting year 2022 was based on the calculation of the period of time between the submission of a decision based on the results of a formal examination on the acceptance of an application for consideration and the first action of the examination, i.e. sending the first document based on the results of the examination of the declared designation. The period of the first validity of the examination of applications for trademarks for 2022 was: according to the national procedure - 4.5 months. In the plans for 2023, measures are outlined to maintain the achieved indicators of the average duration of consideration of applications for trademarks at the same level and even to reduce them.”.But in practice, the terms for consideration of applications for trademarks still differ from the statistical data and in most cases are 5-6 months from the date of sending a decision based on the results of a formal examination on accepting an application for consideration. In this connection, there are certain fears that the additional "layer" of applicants-individuals will increase the burden on the Office, which has certainly significantly reduced the time for consideration of applications in recent years. Perhaps Rospatent will resolve this issue by expanding the staff of experts, but in any case, it is very interesting to see the results of Rospatent's work for the 3rd and 4th quarters of 2023.Every year it becomes more difficult to register trademarks, because every year more trademarks are registered, which means that there is less space for registration of new ones. At the same time, applicants make a number of mistakes that prevent successful registration of a trademark. First, a number of applicants do not conduct pre-filing searches, which greatly increases the risk of being notified at the examination stage. Conducting searches is an important and necessary step that allows you to assess the chances of registration and predict possible problems, as well as financial costs in the registration process. Based on the results of the search, the expediency of filing an application becomes clear. This is especially important for representatives of SMEs, since the size of current assets of this group is less than that of large businesses, and incurring financial losses in case of refusal to register becomes more tangible.Secondly, the reluctance of applicants to get creative with the development of a trademark, because sometimes they are set on a completely standard designation, which is most likely already registered by a third party, or they want to register a designation that, in principle, will not pass the registration procedure, for example, on absolute grounds. In such a situation, applicants either listen to the opinion of patent attorneys and change the designation, or file an application and receive a notification with the relevant examination comments. Such applications put a heavy burden on the Office.Of course, like any legal area, trademarks are somewhat limited in terms of legislation and the scope of existing exclusive rights to them, which causes disputes between interested parties. An individual applicant needs to be prepared for conflicts of interest with other rights holders. Negotiations in the field of trademarks are becoming a very frequent stage of the registration procedure, and, given the increase in the number of registered marks every year, it is advisable to agree and subsequently coexist in the market without violating each other's rights.The adopted changes will affect the area of trademarks in Russia, stimulate the scope of registration by a new group of applicants more strongly, and thereby increase the flow of state fees to the budget. But due to competition, which will certainly increase, we must not forget about the possible risks described in this article. In this regard, a new group of individual applicants must approach the registration procedure responsibly and thoughtfully, because it is with the trademark that the consumer associates the activities of the person engaged in the production of goods or the provision of services on the market, which means that the trademark is your business card, which should be original and memorable.Sources:1. Civil Code of the Russian Federation (Part Four) dated December 18, 2006 N 230-FZ (as amended on December 5, 2022), Article 1478 [Electronic resource]. Access mode: https://rulaws.ru/gk-rf-chast-4/Razdel-VII/Glava-76/paragraph-2/Statya-1478/ (accessed 07/09/2023).2.Federal Institute of Industrial Property. Register of trademarks and service marks of the Russian Federation [Electronic resource]. Access mode: https://www1.fips.ru/registers-doc-view/fips_servlet (accessed 07/09/2023).3.Interfax. The State Duma adopted a law on equating the self-employed with SMEs in the procurement of state-owned companies [Electronic resource]. Access mode: https://prozakupki.interfax.ru/articles/1580 (accessed 07/09/2023).4.Kommersant. IP and self-employment 2023: what is the difference and what is better [Electronic resource]. Access mode: https://www.kommersant.ru/doc/4804622 (accessed 07/14/2023).5.Rospatent in facts and figures. Annual report for 2022 [Electronic resource]. Access mode: https://rospatent.gov.ru/content/uploadfiles/annual-report-2022-short-version.pdf (accessed 07/14/2023).6.Key performance indicators of Rospatent for 2022 [Electronic resource]. Access mode: https://rospatent.gov.ru/ru/about/stat/osnovnye-pokazateli-2022 (accessed 07/14/2023).