Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Russian Federation
Third parties have the right to submit to the Federal Service for Intellectual Property (Rospatent) their written observations on pending trademark applications before official action is taken. Such written observations may be considered by the examiner during the examination, but this ‘quasi’ opposition process is not competitive.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
5.2
Who has standing to oppose a trademark application?
 
Russian Federation
Any interested party has standing to file written observations against a trademark application.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
5.3
What is the timeframe for opposing a trademark application?
 
Russian Federation
Written observations may be filed during examination of the application.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
5.4
Which body hears oppositions?
 
Russian Federation
No hearing takes place. The examiner will decide on the application taking into account the materials provided in the file (including written observations and the applicant’s responses, if any).

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
5.5
What is the process by which an opposition proceeds?
 
Russian Federation
If written observations are filed, the examiner will inform the applicant accordingly, which will then submit a response to Rospatent providing arguments to address the observations raised. The applicant’s arguments shall be taken into account when deciding whether to grant registration if they are submitted within six months of notification about examination results.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Russian Federation
There is no opposition process as such; only observation as explained in question 5.5. Substantive examination is followed by the examiner’s decision. The examiner will either:

  • decide to register the mark for all goods and services;
  • decide to register the mark for some of the goods and services; or
  • decide to deny registration altogether.

Rospatent’s decision may be appealed within four months of the date of dispatch of the decision to the applicant. The decision of the Chamber of Patent Disputes may be further appealed to the IP Court.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners