The territory of legal protection of trademark
The principle of registration and legal protection of trademarks is national, i.e. registration of designation by legal entity or individual in one country does not grant them the rights to such designation in another country. To do this you need to register in a particular country or countries.
We register trademarks in Russia, directly on the territory of other countries, using the Madrid System and trademarks of the European Union (European Union Trademark - EUTM). Below you can find out more information about advantages and disadvantages of different registration procedures.
We successfully cooperate with experienced specialists in the field of intellectual property in different countries such as Russia, Belarus, Moldova, Belgium and China.
Ways of trademark registration abroad:
Each of these ways has its advantages and disadvantages which we are going to describe below.
REGISTRATION OF TRADEMARK IN RUSSIA
Typically, our clients are interested in as national registration so the registration of a trademark in Russia. We know and take into account your desires; that’s why we paid special attention to this issue. It should be noted that the registration procedure in Russia is very similar to the registration procedure in Ukraine. An important feature of trademark registration in Russia lies in the fact that an applicant can be either a legal entity (both resident and non-resident) or an individual, but necessarily registered as an entrepreneur (both resident and non-resident).
The cost of registering the trademark in Russia consists of:
To start the registration of the trademark in Russia you need:
Advantages and disadvantages of applying directly to the Patent Office of the country you are interested in.
Advantages:
Disadvantages:
INTERNATIONAL REGISTRATION THE TRADEMARK USING THE MADRID SYSTEM
Established in 1891, the Madrid System for the International Registration of Marks (the Madrid System) is functioning in accordance with Madrid Agreement on the International Registration of Marks (Madrid Agreement) d.d. 1891 and Protocol to the Madrid Agreement on the International Registration of Marks (Madrid Protocol) d.d. 1989.
Management control of this system is exercised by the International Bureau of World Intellectual Property Organization (WIPO), located in Geneva, Switzerland.
The Madrid System offers the owners of trademark the possibility of their legal protection in several countries of the Madrid Union by simply filing one application directly to the national or regional Office for trademarks. Thus registered international mark is the equivalent of an application or registration of the mark made directly in each country selected by the applicant. If within a certain period of time the Trademark Department of a selected country does not refuse protection, the protection of the mark is the same as if it is registered in this Department.
The Madrid System also simplifies greatly the subsequent management of the trademark, because there is a possibility of making a record about the subsequent changes or the extension the registration by a single procedural step. In consequence, there may also be specified additional countries.
Currently about 97 countries of the world have joined to the Madrid System.
The cost of registration using the Madrid System are:
1. The state charge for filing an application for international registration – UAH 600,00.
2. The international fee is paid by WIPO in Swiss Francs (CHF) and consists of:
2.1. Basic fee - CHF 653,00 when applying for the registration of black-and-white mark or CHF 903,00 when applying for the registration of colourful mark;
2.2. Complementary fee. The amount of complementary fee depends on the amount of countries mentioned in the application which the applicant wishes to seek legal protection in - CHF 100,00 for each of the countries. Some countries have their individual fees, which differ substantially from the complementary fee and are not CHF 100,00, for example, CHF 295,00 (Great Britain), CHF 337,00 (USA), CHF 430,00 (Norway) or even CHF 1254,00 (!) (Uzbekistan).
2.3. Supplementary fee, which is CHF 100,00 and is paid for each class of goods and services if there are more than three classes.
3. Agency services for the preparing of all necessary documents, filing them to Ukrpatent, paying fees and maintenance procedures are USD 400.
To start the registration using the Madrid System you will need:
The procedure is:
Advantages and disadvantages of the registration using the Madrid System.
Advantages:
Our agency’s advice: despite this, we still recommend an international registration procedure on the basis of an already registered mark. In the implementation of the international registration on the basis of an already filed application, in case of refusal of registration in Ukraine there is a risk not to receive legal protection in all countries you are interested in. In addition, all duties paid are non-refundable.
Disadvantages:
Trademark of EC
REGISTRATION OF TRADEMARK IN THE EUROPEAN UNION
In December 20, 1993 there was created a new system of security and protection of trademarks – the trademark of the European Union (European Union Trademark - EUTM). It is possible to register a trademark in the European Union on the territory of all countries that are participants of the European Union by submitting one application.
Currently, the European Union consists of 27 European countries: Austria, Belgium, Hungary, Great Britain (United Kingdom of Great Britain and Northern Ireland), Germany, Greece, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Finland, Denmark, Ireland, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, France, Czech Republic, Sweden, Estonia, Poland and Romania.
The unified administrative centre for the trademark registration of the European Union is European Union Intellectual Property Office - EUIPO.
Advantages and disadvantages of trademark registration of the European Union.
Advantages:
Disadvantages:
Our Agency’s advice: in this case it is better to implement an international registration using the Madrid System, indicating a clear list of countries you are interested in.
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