Brand and logo registration

Even the most successful companies or retail chains need a set of measures to promote a group of products or a specific brand to consumers. The process of creating a logo and brand allows not only to develop a new, bright and memorable image of goods, but also to create additional incentives for customers to purchase them.

To protect the unique brand and logo, it is necessary to go through the procedure of registration of the object of intellectual property - a trademark. For this purpose it is necessary to address in service of Rospatent and to confirm distinctive ability of a designation. All types of services related to the application and registration of exclusive rights will be provided by experienced specialists of Prof-Patent.

Logo and brand registration requirements

The development of a logo and brand is an intellectual activity, the results of which need to be protected. The legislation of the Russian Federation does not allow to formalize the rights to a trade brand, only separate elements are subject to protection - firm name, trademarks, designation mark, commercial designation. A company logo is a designation, so it can be registered as a trademark.

Trademarks allow identifying a certain product/service or a group of products. Therefore, they must differ from similar designations of other firms - a check with the service of Rospatent will be aimed at confirming the distinctiveness of a trademark. It means that the designation must not resemble similar objects to the extent of their confusion, and also must not mislead consumers.

In order to register a logo and a brand in the form of a trademark, one needs to file an application with the Rospatent. To do so, the following requirements must be met:

• the designation submitted for registration must be described and presented in graphic, textual, volumetric or other form, or in a combined form;
• the application may be filed in respect of several groups of goods - such a choice the applicant should indicate when applying for legal protection;
• registration may be effected at the national or international level, and, once filed, conventional priority arises;
• The registration procedure is completed by the entry of information about the trademark in the Federal Register, and a certificate will be issued to the right holder.

Filing of the application can be carried out by the organization itself, or through a representative by proxy. The best option is to support registration activities by professional specialists - patent attorneys. The firm of patent attorneys Prof-Patent will provide services for drawing up an application and supporting each stage of registration - all actions will be performed in strict compliance with regulatory acts and in the shortest possible time.

Stages of registration

Even before filing the application, it is necessary to make sure that the logo (trademark) designation has not been previously registered by other organizations. For this purpose, a preliminary information search is made through international and national trademark registers. You can do this on your own, but the search will take a long time. If you address to Prof Patent, the information search will be carried out in a short time and the results of the search will be reliable and objective.

If the preliminary search confirms the uniqueness of the designation, you can proceed to the registration of the application. Application documentation should include:

• an application signed by the applicant or his representative by proxy;
• The designation, expressed in one of the authorized forms;
• register of goods according to the classifier of the Nice Classification, which will be subject to legal protection (the amount of the state duty will depend on the number of product groups);
• description of the submitted designation;
• payment document confirming the remittance of the fee.

The application shall relate only to one trademark, therefore a separate procedure is necessary for registration of several heterogeneous designations.

The application is filed and registered at the service of Rospatent. From the moment of registration, the priority right for protection of the presented designation arises. If there are later applications with similar objects, the priority will be given to the earlier application. The following registration actions are carried out in Rospatent service:

• formal examination - conducted within a period of up to two months, allows to confirm the completeness of the documents and their compliance with the legal requirements;
• Expert examination of the designation - checks and confirms the distinctiveness of the object, establishes the priority of the trademark;
• Registration of the designation in the Federal Register, the issuance of a certificate of trademark.

From the date of receipt of the certificate the right holder has three years to start using the trademark. If no actions on the use or disposal of the designation were taken during the mentioned period, the interested parties can challenge the registration and re-register the rights for themselves.

The term of validity of trademark rights is 10 years, and its prolongation is allowed unlimited number of times. After obtaining the certificate, the right holder may use the trademark in any available manner - mark elements of the corporate identity of the company, place it on packages and labels, use it to advertise products through the media or the Internet, include it in the content of civil contracts.

Also the existence of a certificate gives the possibility to dispose of the designation through permanent or temporary transfer of rights. For full transfer an agreement on alienation of rights is concluded, and on a temporary basis a trademark can be transferred under the terms of a licensing agreement. These contracts are of commercial nature and the amount of remuneration is determined by the parties themselves.

How much does it cost to register

To formalize the exclusive rights to a trademark the applicant has to pay the following types of fees (indicated according to the 30% discount for filing in electronic form):

• for registration of application documentation and formal examination - 2450 rubles + 700 rubles for each class of the Nice Classification over 5;
• For examination of designations - a fixed amount of 8,050 rubles, and additional payments of 1750 rubles for each class of the Nice Classification over one;
• for registration in the register and issuance of the certificate - 12 600 rubles + 700 rubles for each class of the Nice Classification over five.

If more than one trademark is to be registered, the same cost will be charged for each application.

If the application is filed through patent attorneys, the costs will increase. However, the price of the representative's services includes the execution of all necessary documents, the elimination of the risks of suspension or refusal of registration, assistance in the settlement of possible disputes.

The firm of patent attorneys Prof-patent offers professional assistance in the field of registration of exclusive rights, and the prices for services do not exceed the average market offers. For our clients we will offer individual conditions of cooperation.

Our Services in Russia and abroad

If you contact Prof-Patent, you can quickly achieve a positive result - register the rights to the logo (trademark) and obtain a certificate of protection. We offer the following services:

• counseling in oral and written form, preparation of recommendations for the rights holder, an explanation of the legislative norms of Russia and international acts;
• Conducting a preliminary information search;
• Assistance with the preparation of the application, including the best choice of classes according to the Nice Classification;
• direction of the application to Rospatent, representation at all stages of the registration procedure;
• assistance in the settlement of disputes, as well as preparation of answers to Rospatent's inquiries;
• protection of the owner's interests after the registration of rights to use and dispose of a trademark.

We can help you register rights not only in Russia, but also in foreign countries. We will file an application right after you have applied to the Russian Patent Office.

Our specialists will take all necessary actions on the basis of Power of Attorney. To find out more about our services and terms of cooperation, please sign up for a consultation by phone or via the feedback form.