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.
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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
Russian Federation
Russia is a first-to-file jurisdiction. Legal entities and entrepreneurs that are first to apply for registration of a trademark enjoy a priority right to registration. The Russian trademark legislation does not recognise prior use rights (as a general rule, the exclusive right to use a trademark in Russia arises as a result of state registration).

According to the Russian legislation, trademark rights arise from the moment of state registration and no rights derive from the use of an unregistered trademark. However, Part IV of the Russian Civil Code, which came into force in January 2008, introduced a new IP right: the ‘commercial designation’. This is close to a trademark in nature, but the right arises through the use of the commercial designation within a particular territory without any need to register before an administrative body, such as the Federal Service for Intellectual Property (Rospatent).

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
6.2
What legal rights are conferred by a trademark registration?
 
Russian Federation
As Russia is a first-to-register jurisdiction, trademark registration is of the utmost importance and provides the trademark owner with the ability to enforce its mark. In addition, trademark registration makes it possible to record the trademark in the IP Customs Register, thus preventing the unauthorised import of branded goods into Russia.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
Russian Federation
No.

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