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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4. Results: Answers
Trademarks
1.
Legal framework
1.1
What is the statutory or other source of trademark rights?
Russian Federation

Answer ... The relevant trademark legislation includes:

  • the Paris Convention for the Protection of Industrial Property;
  • the Madrid Agreement on the International Registration of Trademarks (and the Protocol thereto);
  • the Trademark Law Treaty;
  • the Singapore Treaty;
  • the Agreement on Trade-Related Aspects of Intellectual Property Rights;
  • the Russian Civil Code (Part 4);
  • the Rules on Filing and Consideration of Trademark Applications, insofar as these are in compliance with the Russian Civil Code; and
  • other administrative guidelines and recommendations.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
1.2
How do trademark rights arise (ie, through use or registration)?
Russian Federation

Answer ... According to Russian law, trademark rights arise from the moment of state registration. No rights derive from the use of an unregistered trademark.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
1.3
What is the statutory or other source of the trademark registration scheme?
Russian Federation
  • Part IV of the Russian Civil Code;
  • The Paris Convention;
  • The Madrid Agreement and Protocol;
  • The Rules on Filing and Consideration of Trademark Applications; and
  • Other administrative guidelines and recommendations.
  • For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
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    Topic
    Trademarks