The mark for goods and services registered in the territory of Russia or registered under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark acquired general notoriety among the relevant circles of people as a result of its active use can be recognized as a well-known trademark.

The authorized agency for acknowledgement of the trademark as well-known is Federal Service for Intellectual Property (Rospatent).

The regulatory act under which the mark is recognized as well-known are the Articles 1508, 1509 of the Civil Code of Russian Federation.

The trademark can be recognized as a well-known under the court decision as well.

Application for recognition of the trademark as well-known

The basis for recognition of the trademark as well-known is the Application filed by an interested individual or juridical person.

The official fee for filing the Application is 1250 USD.

Evidences certifying the well-knownness of the trademark

Evidences certifying the well-knownness of the trade mark are the documents confirming:

  • Intensive use;
  • Extent of well-knownness;
  • Duration and geographical extent of the use of a trade mark in the world;
  • Any kind of actions on the promotion of the trademark, including advertising, exhibitions of goods (services), for which the trade mark is applied;
  • Costs for advertising of a trademark (annual financial reports);
  • Any registrations or applications on registration, indicating the use or recognition of the trade mark;
  • Successful exercise of rights to a trademark in other contracting parties of the Paris Convention;
  • Cost (value) of a trademark;
  • Survey among the relevant customers’ circles, who can really be the consumers of the goods, for which the trade mark is applied;
  • Results of marketing surveys, indicating the share of the company on the market;
  • Recognition of a trademark as well-known in other countries;
  • Value of a trademark as an intangible asset;
  • Other evidences that can be sufficient for recognition of a trade mark as well-known.

The trademarks can not be recognized well-known in case they became well-known after the priority date of the identical or confusingly similar trademark, registered for similar goods and owned by other person.

The legal protection of the well-known trade-mark

Granting right protection to the well-known trademark means the recognition of the exclusive right to the well-known trademark.

The legal protection of the well-known trademark covers also the goods non-homogenous to those in which regard the trademark was recognized as well-known, if the use of the trademark by other person is associated among the relevant circles of consumers with the owner of a well-known trademark and can infringe his lawful interests.

Decision on recognition of the trademark as well-known, decision to refuse recognition of the trademark as well-known

Upon review of the application Rospatent decides to recognize the trademark as well known, or issues a decision to refuse such recognition.

Recordal in the State Register of well-known trademarks in Russia

Information about the trademark recognized as well-known shall be recorded in the State register of well-known trademarks in Russia.

Certificate of the registration of a well-known trademark is issued within a month from the date of its recordal in the register.

Publication of the information about the well-known trademark

Information about a trademark that was recognized to be well-known under the Rospatent’s decision shall be published in the official Bulletin.