Trademarks Licensing in Russia
Recordal of the Trademark License Agreement with PTO is mandatory.
The following information and documents are required for Trademark Recordal of License:
- Three originals of the License Agreement;
- Original POA from the Licensor (Trademark holder).
- Payment of relevant official fees.
The following information should be mentioned in a trademark license agreement:
- Full information about the trademark/trademarks that are the subject of the agreement,
- The name and address of the Licensor and Licensee,
- The scope of rights to be licensed, including the geographic territory in which the marks are being licensed,
- The provision on nature and quality of the goods and/or services with which the licensee may use the trademark, also known as a “quality control provision,” is mandatory;
- Royalty – It is mandatory that the royalty amount is mentioned explicitly in the license. You can opt for a flat fee or a percentage of the sales depending upon the mutual agreement.
- It is recommendable to include a clause where it is mentioned that the Licensee shall annually provide the Licensor with the information about Licensee’s earnings and profit on sales of goods marked by the Trademark. According to the Russian Law if the License Agreement contains no information about the terms for submission of profit reports, then the reports will have to be provided on demand.
The regular time frame of recordal of license is 3-4 months.