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
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
Russian Federation

Answer ... If a mark is partially accepted for registration, the applicant has two options: pay the registration fee to register the mark for the accepted goods or appeal to the Chamber of Patent Disputes (a division of the Federal Service for Intellectual Property (Rospatent)) 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
4.2
What is the procedure for appealing a trademark office refusal?
Russian Federation

Answer ... The Civil Code provides for an administrative appeal process, through which Rospatent’s decision to refuse trademark protection may be appealed to the Chamber of Patent Disputes within four months of the date of dispatch of the decision to the applicant. If the appeal deadline is missed, it may be reinstated within six months, provided that the applicant explains the reasons for the delay.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
Russian Federation

Answer ... 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
Contributors
Topic
Trademarks