Preliminary trademark verification helps to eliminate coincidences and select a free designation. It is carried out before filing an application with Rospatent.
Rospatent requirements for trademarks
In order to register a trademark for your brand, the name must meet certain requirements of Rospatent.
The designation must be:
- Unique. The same or similar marks must not be registered with the agency for your field of activity.
- Be distinctive or recognizable. If you want to call your store “Just Clothes,” Rospatent will not allow such a name because it consists entirely of unprotected words that describe the product. But the name “Three Graces” is suitable for registration.
- The trademark must not be misleading. For
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example, regarding the place of origin: it will not be possible to register the name “Volzhskie sladosti” if the production is actually located in Krasnodar.
- The designation must comply with moral standards and laws of the Russian Federation. Rospatent will not allow insults, obscene language and references to it. For example, the trademark “Yobi-doyobi” was denied registration. There are also peculiarities in registering brands with religious semantics. Since October 21, 2024, the norms of the order of the Ministry of Economic Development have been in force in Russia. A special body has been created – the Interreligious Council of Russia, which conducts additional examination of the designation.
Selecting ICGS classes when registering trademarks
It is very important to choose the right ICGS classes for your brand. ICGS is an international classification of goods and services. For convenience, all possible goods and services are grouped into 45 classes. A trademark is registered for certain types of activities. If you choose the wrong ICGS classes, you will end up with a brand that only partially protects the business or does not protect it at all. This is what happened to the owner of the “White Rice” trademark. The businessman was delivering sushi and decided to
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legitimize his rights to the name. The trademark was registered in the wrong list, and now the entrepreneur can open a kindergarten or a nursing home. But not cook and deliver sushi.
Three ways to check a trademark for uniqueness
To find out whether a trademark is already taken by another entrepreneur, you can use three methods.
The first way is to check using free online services . The Internet special lead is full of resources where you can find out in just a couple of minutes whether a designation is available or not. This is the simplest and most obvious option, but only at first glance.
The point is that the search in such services is conducted only among registered designations. Applications that Rospatent has started working with but not completed are not taken into account. That is, you can cut off all visible matches and be sure that you have chosen a unique brand. And Rospatent will ultimately refuse you, because the same sign or a similar one is in the process of registration.
Another disadvantage of this method is the lack of analysis. the interest in recipe videos You will not receive any explanations or recommendations on how to apply the results of the check.
And the last thing. Rospatent has a huge number of
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requirements for a trademark in addition to similarity. No online resource will let you know whether a designation meets them or not. For example, when blogger Alexandra Mitroshina tried to register the trademark “Mother of Blozhya”, she was refused. The name itself was completely free, but Rospatent refused to register it, since it contradicts moral standards.
Using free online services will give you nothing cameroon Business directory but false confidence that the mark will be registered. In fact, you risk losing your own time and money, because the first state fee is, unfortunately, non-refundable.
The second method is checking the Rospatent databases. Unlike the free one, it includes both registered brands and applications that are still under examination. But there are pitfalls here too.