Trademark

Between 'we came up with a name' and 'we have the right to this name' lies a whole procedure that many only remember after their first conflict with a competitor. A trademark is exactly the document that turns a beautiful idea into a protected company asset.

What can be registered

Word marks — company or product name in text form, registered as a standalone sign. Figurative marks — logos and emblems without a textual component, recognizable solely by shape and graphics.

Combined marks — a combination of text and graphics, the most common type of trademarks in practice, as it protects both the name and the visual design simultaneously. In certain cases, it is also possible to register sound marks — for example, a short melody-jingle — and three-dimensional marks, i.e., the shape of packaging or a product.

Why registration is needed

Registration grants legal right to prohibit others from using similar marks on similar goods and services — this is the main practical difference from simply using a name without formal registration. It protects against copying and allows defending rights in court up to and including compensation from the infringer.

Without registration, a brand remains vulnerable to unfair competition: a competitor can not only copy the name but, in the worst-case scenario, register it first, depriving the original user of the right to dispose of it.

How registration proceeds

The process begins with checking the mark for uniqueness — it is necessary to ensure that a similar mark has not already been registered in the same category of goods and services. Then an application is submitted to the patent office indicating the classes of goods and services for which the mark will be used.

Review of the application usually takes several months to a year, during which the office checks the mark for compliance with requirements and absence of conflicts with existing registrations. After a positive decision, the mark is entered into the register, and the owner receives an official certificate.

Duration of validity and renewal

In Russia, a trademark is registered for 10 years with the possibility of unlimited renewal — provided that the owner timely files a renewal application and pays the corresponding fee. If the deadline is missed, the rights to the mark may be lost, and it can be registered by someone else.

It is also important to actually use the mark: if a trademark is not used for three consecutive years, its registration may be contested and canceled upon request of an interested party — registration itself does not provide infinite protection if the brand is not active on the market.

What to do upon detection of infringement

If the owner discovers use of a similar designation by a competitor, the first step is usually an out-of-court demand to cease the infringement. If this does not help, the case proceeds to court, where the holder of the registered trademark is in a significantly stronger position than the party without official registration, which once again underscores the practical value of timely trademark registration.