New procedure for recognition of trademark as well known
16 February 2016
Until recently, the determination of whether a trademark was well known in Russia was carried out by Rospatent in accordance with rules adopted back in 2000.
New regulations on the recognition of well-known trademarks and designations came into effect on October 13 2015 (Order 602/2015 of the Ministry of Economic Development).
In a departure from the previous procedure, the applicant can now apply to change the date stated in the application from which it wishes the mark to be recognised as well known. The applicant may also request amendments to certain elements of the mark stated in the application. Further, the applicant may seek to reduce the list of goods and services in respect of which recognition of the trademark as well known is sought. Previously, it was not possible to change either the date or the mark, and only Rospatent’s expert commission could revise the list of goods and services when considering an application. This often resulted in a refusal to recognise the mark as well known, so that the applicant was forced to file a new application.
The new regulations enshrine the right of the applicant or its representative to participate in the consideration of the application, provide explanations, answer questions and submit petitions, including those mentioned above. They also specify a timeframe for consideration of the application, which has been set at 10 months.
