If you want to find all the possible solutions, we can offer you:
We estimate the possibility to appeal against the refusal within 30 minutes
Please note, that each appeal against the trademark registration is individual. Hence, we do recommend making the preliminary estimation of the project perspectives.
Appeal against the rejection takes place in Chamber for Patent Disputes and includes the following services:
You need to annul the obstructive existing trademark to succeed in registering your own trademark. We offer the following services in this case:
We search and estimate all the possibilities to appeal against the trademark rejection, working in several directions simultaneously: the analysis of the similar registered trademarks, legal aid from Federal Institute for Industrial Property experts, the examination of the case studies from Russian Federal Agency for Intellectual Property, the analysis of common law. Also we estimate the possibility to nullify the obstructive existing trademarks.
To find all the possible variants to appeal against the refusal and to choose the best one.
The best variant how you can appeal against the trademark rejection.
You can meet some bars when you appeal against the rejection or try to nullify the obstructive existing trademarks. In some cases it is possible to buy this similar third-party trademark.
To exclude all the bars preventing your trademark registration.
There are no any bars to register your trademark.
The trademark registration will be continued, when the bars found by examiner's search are overcome. In particular cases the continuation is needed.
To finish the trademark registration as soon as possible.
The decision of a trademark rejection can be appealed within 4 months from the date this decision was done. The Notice of Appeal against the Federal Institute for Industrial Property (FIPS) decision ought to be sent to The Federal Service for Intellectual Property (Rospatent). Then this Appeal is considered by Chamber for Patent Disputes. If the Appeal is determined in Your favor, the trademarks preserves its priority.
If you overcome all the bars preventing a trademark registration but don’t appeal against the registration refusal, you must make the application for trademark reregistration. The trademark does not preserve its initial priority in this case.
If there is a similar trademark with an early priority, but not registered yet, you can sort it out by lodging the opposition to FIPS and applying for you trademark registration.
It is possible to quit a trademark registered in FIPS by revoking its registration or by nullifying due to not using. A trademark can be totally or partly revoked.
In order to respond to descriptiveness refusal on a trademark application you need to provide evidence of your trademark general notoriety.
The protection of the sign is territorial. The protection of a trademark is only valid in the country where the mark is registered. To ensure the protection of the trademark in the selected states, it is necessary to register with national national data offices or submit an international application to the World Intellectual Property Organization.
If you are satisfied with the list of classes and subclasses in which you have received a positive decision to register the mark, you can pay the fee for issuing the certificate and send a corresponding petition to FIPS. In this case, the trademark will be protected in those types of activities for which the FIPS expertise rendered a positive decision. If you are not satisfied with the list of classes and subclasses for which a positive decision has been obtained, and the protection of the mark is required in all the requested activities, it is necessary to identify the reasons for the refusal of registration for each class of the ICGS. Often the reasons for refusal in different classes are not the same, but different obstacles. To eliminate each obstacle, a separate work is carried out. Depending on the category of the obstacle, it may be necessary to file an objection to Rospatent, conduct a social survey, and file an application with the court. Please note that the period for contesting a refusal is limited. In the event that you have not filed an objection to the decision within 4 months, after removing the obstacles to registration, you will need to file a new application for the registration of the mark.
The answer to the question of the advisability of challenging the refusal to register a sign directly depends on the value of this sign for your business. Work on removing obstacles and challenging the refusal to register a trademark is exactly necessary if your brand is known on the market and rebranding will lead to loss of the audience, a decrease in profits to other material and labor costs. Companies that are only planning to launch a brand on the market, we often recommend changing their designation and registering the sign that will not have obstacles to registration. This will save money and quickly lead to the result - the registration of the mark. Please note that the size of the project budget can be found after the assessment of the prospects.
The Madrid system of registration of trademarks provides for registration only on the basis of a registered trademark or filing an application. An international application for the registration of a trademark through the Russian Patent Office can be filed only on the basis of an existing trademark registered in Russia or on the basis of an application filed with the Federal Institute of Industrial Property (Russia).