Answer ... 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).

Answer ... 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.

Answer ... No.