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Russia's current trademark regulations are primarily based on Part IV of the Civil Code of the Russian Federation, which includes Chapter 76 on trademark laws. This part was approved on December 18, 2006, came into effect on December 1, 2007, and was amended in 2014.

Russia is a signatory to international intellectual property treaties such as the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, the Madrid Agreement, the Madrid Protocol, and the Nairobi Treaty. Therefore, trademark protection can be obtained either through "single-country registration" or by designating Russia in a Madrid application.

Russia does not have a formal trademark opposition procedure. While a trademark is still in the application stage, third parties may submit observations, which the examiner will consider, but the third party will not be considered part of the proceedings. If the examiner decides to allow the trademark to proceed to registration, the third party may file an invalidation action with the Russian Patent Office after registration. Russia is a signatory to international intellectual property treaties such as the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, the Madrid Agreement, the Madrid Protocol, and the Nairobi Treaty. Therefore, trademark protection can be obtained either through "single-country registration" or by designating Russia in a Madrid application.

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Classification

The International Classification of Goods and Services (Nice Classification) is applied. OAPI is a multi-class registration system.

Convention Priority

Convention priority may be claimed under the Paris Convention on the basis of an earlier application filed in a convention country not more than six months prior to the OAPI application.

Examination/procedure

The application is filed at the OAPI office; since an application covers all member states there is no need for countries to be designated. The OAPI office examines the application to determine whether it complies with the formal and substantive requirements. If it finds that the conditions for registration have been met, an acceptance notice will be issued. The trade mark will then be published for opposition purposes. If the opposition term expires without incident, the registration certificate will be issued. The grant of a registration will also be published in the Gazette but only to notify third parties of the registration and the statutory rights secured by the trade mark owner.

Opposition

In the case of trade mark applications filed from 1 January 2022, any interested party may oppose the registration of a trade mark within three months from the publication date referred to above (see the section on Examination/ procedure above). The deadline is not extendible.

In the case of trade marks with filing dates prior to 1 January 2022, the opposition term is for a period of six months from the date of publication.

The opposition deadline is not extendible.

Duration and renewal

A trade mark registration is effective for a period of 10 years from the date of application for registration and may be renewed for consecutive periods of 10 years upon payment of the renewal fees. A six-months grace period is allowed for the late payment of the renewal fees.

Subject matter eligible for protection

The following literary and artistic works, if they are original creations of the mind in the literary, artistic and scientific fields, are eligible for copyright:

  • Works expressed in writing, including computer programs
  • Lectures, addresses, sermons and other works composed of words and expressed orally
  • Musical works, whether or not accompanied by words
  • Dramatic and dramatico-musical works
  • Choreographic works and mimed works
  • Audiovisual works
  • Works of fine art such as drawings, paintings, sculptures, engravings and lithographs
  • Works of architecture
  • Photographic works
  • Works of applied art
  • Illustrations, maps, plans, sketches and three-dimensional works relating to geography, topography, architecture or science
  • Traditional cultural expressions.

 

The following shall also be protected as works:

  • Translations, adaptations, arrangements and other transformations of works and of expressions of folklore;
  • and Collections of works, of expressions of folklore or of simple facts or data, such as encyclopaedias, anthologies and databases, whether reproduced on a medium that may be processed by a machine or in any other form, which, by reason of the selection, coordination or arrangement of their contents, constitute creations of the mind.

Registration of copyright

There is no provision in the Bangui Agreement for the registration of copyright.

Duration of copyright

  • General rule:  The term of copyright is for the lifetime of the author and for 50 years after his death.
  • Works of joint authorship: Lifetime of the last surviving author as well as for 50 years after death
  • Anonymous and Pseudonymous Works: 50 years from the end of the calendar year of its lawful publication for the first time or, failing such event occurring during the 50 years following the making of the work. 50 years as from the end of the calendar year in which such work was lawfully made accessible to the public or, failing such an event occurring, during the 50 years following the making of the work.
  • Collective and audiovisual works: 50 years from the end of the calendar year of its lawful publication for the first time or, failing such event occurring during the period of 50 years as from the making of the work. 50 years from the end of the calendar year in which such work was made accessible to the public or, failing such an event occurring during, the period of 50 years as from the date of making of the work.
  • Applied art: 25 years as from the making of the work.

Professional Team