Trademark restoration

A trademark for products is a crucial part of the overall brand, and obtaining a certificate allows for any remedies against possible infringement. Exclusive trademark rights are valid within 10 years after registration, but the law allows them to be renewed for an unlimited number of times. In addition, the right holder is obliged to respect the period of time within which he is obliged to proceed with the use of the registered trademark.

Trademark term of protection

The trademark protection regime can be established not only in Russia, but also abroad. For this purpose, when filing an application, it is necessary to select the groups of goods to which the exclusive rights to the trademark will apply, as well as to specify the list of countries for the extension of legal protection. Registration of the mark and the issuance of a certificate go to FIPS (at the international level - through WIPO) - for this company to apply in writing or electronically.

Once a company has registered a trademark, it must start using it within three years. A breach of this rule gives interested parties the opportunity to apply for an early termination of trademark protection. This procedure takes place in the Chamber for Patent Disputes and in court, and the right holder will have to prove the proper use of the registered designation. Evidence of timely use can be samples of packaging of goods, civil contracts for the supply of goods indicating the trademark, etc.

In addition, the regime of protection of a trademark has a limited duration - no more than 10 years from the date of registration. However, the Civil Code of the Russian Federation allows prolongation of registration if the right holder submits a corresponding application. Such extension is allowed an unlimited number of times, and the procedure itself follows the following rules:

• within the last year of validity of the certificate, it is necessary to submit an application to the FIPS;
• The registration fee must be paid when filing the application;
• The right holder may use a special privilege - at his request the term for filing the application may be prolonged for 6 more months.

When submitting an application one does not need to provide a reason for extending the deadline, as this right is granted by law. Based on the results of the review of the application, the corresponding changes are made in the Register of Trademarks and the certificate. If the term of protection of a trademark has expired and the right holder has not filed an application with FIPS, interested parties will be able to use it without the consent of the original right holder.

The refusal to extend the deadline may be due to improperly executed application, or to the omission of the deadline for application. The restoration of deadlines is allowed if the reasons are valid, and the obligation to prove them is incumbent on the right holder. An unlawful refusal to extend the term of validity of a trademark may be appealed against in court.

Our Services in Russia and abroad

When extending or restoring deadlines, problems may arise related to the execution of documents, confirmation of the validity of the delay, confirmation of the use of the trademark. To avoid adverse consequences in the form of loss of rights to a trademark, or rejection by the FIPS, use the services of Prof-Patent in Russia and abroad.

We offer assistance in the following areas:

• consulting support for right holders, explanation of the norms of Russian and international law;
• Assistance in determining the duration of the certificate in Russia and abroad;
• drawing up applications and other documents which would be necessary to extend or restore the term of a trademark certificate;
• representation in court proceedings when disputing a refusal FIPS, or in the case of termination of legal protection of a mark.

Additional services provided by our patent attorneys include the execution of documents for the use or disposal of trademarks.

To agree on all the terms of work with our firm, contact us for a consultation. This can be done by phone listed on the website or via the feedback form.