- Knowledge
Russia
Trademark opposition system
one
Russia
Trademark opposition acceptance agency
The trademark opposition in Russia is uniformly managed by the Russian Federal Intellectual Property Office (Rospatent), and the Chamber for Patent Disputes under it is responsible for hearing opposition cases.
Rospatent：Undertake the formal examination responsibilities for trademark registration examination, announcement, and opposition materials.
Patent Dispute Board:As an independent administrative agency, responsible for substantive review of objections, organizing cross examinations between both parties, and making final administrative rulings.
Those who are dissatisfied with the administrative ruling may file an administrative lawsuit with the Russian Intellectual Property Court (IP Court), whose judgment is final.
objection to a trademark
two
Russia
Timing of Trademark Objection
Russia adopts a hybrid model combining "registration before objection" and "announcement before objection", with the following specific requirements:
1. Regular objection period:
After the preliminary examination by Rospatent, the trademark will be published in the Russian Trademark Official Gazette.
Within 6 months from the date of announcement, any interested party may submit an objection application to Rospatent.
This is the only legal window for raising objections and cannot be extended or restored.
2. Objection after registration (invalidation declaration):
For registered trademarks, a request for invalidation (considered as a general objection) can be filed within 5 years after registration based on relative reasons (such as conflict with prior trademarks).
Requests for invalidation based on absolute reasons (such as lack of distinctiveness) or malicious registration have no time limit.
objection to a trademark
three
Russia
Basis for Trademark Objection Application
Objections must be based on the statutory reasons provided in Articles 1483 and 1512 of the Russian Civil Code (Part IV "Intellectual Property"):
（1） Absolute reason
Regarding the defect that the trademark itself cannot be registered:
Lack of significance (generic name, descriptive logo, only indicating product characteristics, etc.);
Violating public order and good customs or containing misleading elements (such as fictitious product origin);
Contains protected national symbols and international organization logos (such as the United Nations and Red Crescent logos);
Only composed of product function shape or technical effect shape.
（2） Relative reasons
Situations that conflict with prior rights, including:
1. Prior registration of trademark rights:Similar or identical to trademarks already registered in Russia (or internationally registered territories extended to Russia), and with identical or similar goods/services, which can easily lead to confusion.
2. First applied trademark:Conflict with previously applied trademarks (unregistered) and enjoy priority protection.
3. Famous Trademark:Same or similar to trademarks recognized as "well-known" in Russia (whether registered or not).
4. Other prior rights:
Copyright, industrial design rights, trade name rights (requiring recognition within Russia), name or portrait rights;
Geographical indications and naming rights of place of origin;
5. Proxy/representative registration:Unauthorized registration of trademarks by agents or representatives.
6. Malicious registration(such as hoarding trademarks to hinder competition).
objection to a trademark
four
Russia
Trademark opposition process
The objection procedure is divided into two stages: administrative review and judicial relief. The core process is as follows:
1. Administrative review stage (Rospatent&Patent Dispute Board)
Submit objection:The objector (or agent) shall submit an objection application to Rospatent within 6 months after the announcement, specifying the legal basis, attaching evidence (such as trademark registration certificate, usage certificate, market confusion analysis report, etc.), and paying the official fee (2024 standard: approximately 25000 rubles).
Formal review:Rospatent shall review the completeness of the materials within 15 working days and submit them to the Patent Dispute Board upon approval.
Defense and cross examination:
After receiving the notice, the objector may submit their defense opinions and counter evidence within 3 months.
The Patent Dispute Board organizes both parties to exchange written evidence and may convene a hearing (non mandatory procedure, depending on the circumstances of the case).
Hearing (optional):
Either party shall apply or the committee shall decide on its own authority, and both parties may make oral statements and cross examine.
After the hearing, the committee will make a ruling within 2 months.
Administrative adjudication:
Objection established: Revoke the registration of the objected trademark (or part of the product category);
Objection not established: Maintain registration.
The ruling result will be delivered to both parties in writing.
2. Judicial relief stage
Appeal to the Intellectual Property Court:Either party who disagrees with the administrative ruling may file an administrative lawsuit with the Russian Intellectual Property Court within 3 months after receiving the decision.
Court hearing:
The court will re-examine the facts and legal basis and may request Rospatent to provide additional materials;
The court's judgment is final and cannot be appealed, but a retrial can be applied to the Supreme Court (extremely rare).
objection to a trademark
five
Russia
Trademark opposition period
The efficiency of Russia's objection procedure is relatively high, but the judicial stage may significantly prolong the overall cycle:
1. Administrative stage:
It usually takes 9-18 months from submitting an objection to the Patent Dispute Board making a decision (written examination is faster for main cases, and for cases with a hearing, it can take 12-24 months).
2. Judicial stage:
The average litigation process in intellectual property courts takes 12-18 months, and complex cases may take more than 2 years.
3. The impact of reconciliation:
If both parties reach a settlement during the administrative stage (such as withdrawing objections, modifying the scope of goods, etc.), the procedure may be terminated in advance. Statistics show that about 30% of dissenting cases are resolved through settlement.
Key precautions
1. Language and translation requirements:
All materials must be submitted in Russian, and non Russian evidence must be accompanied by a notarized Russian translation.
2. Evidence requirements:
In the administrative stage, the main evidence needs to be submitted in one go, and supplementary evidence may be rejected (unless it is proven that it cannot be obtained in advance).
The investigation report, sales data, advertising expenditure, etc. that prove the possibility of trademark confusion have high evidential power.
3. Professional agent:
Russian law requires that the objector/respondent must appoint a patent agent or lawyer registered in Russia to participate in the process (foreign companies need to submit through local agencies).
4. The impact of international registration:
If the opposed trademark extends from Madrid International Registration to Russia, it can be directly challenged through the Rospatent opposition procedure without going through the WIPO International Bureau.
