Important update on IP rights in Russia
We have compiled recent and important information regarding IP protection in Russia for your convenience. The recent developments and changes may significantly impact how foreign rights holders maintain and enforce their IP rights in the Russian market. It is crucial to stay informed of recent developments and take appropriate steps to safeguard your rights.
Increase in official fees
Please be informed that as of 5 October 2024, the official fees in Russia have increased. You can access the latest information here.
The most notable change is the cancellation of the 30% discount for electronic filings, effective 5 October 2024. There are also minor increases in other official fees. Additionally, the grace period for the payment of trademark official filing and registration fees has been reduced from six months to one month. However, the six-month grace period for trademark renewals remains unchanged.
Beware of trademark squatters
The protection of foreign IP rights is currently at risk, as trademark squatters are actively preempting trademarks in Russia. The withdrawal of foreign companies from the Russian market has made many brands vulnerable to cancellation due to non-use. This has led to squatters targeting unused foreign trademarks. Moreover, we have observed an increase in filings by Russian applicants for trademarks that are identical or confusingly similar to foreign brands.
Although the Russian Patent Office and Courts continue to operate fairly, without discrimination based on nationality, it has become more challenging to maintain existing rights under these circumstances.
Recommended actions
We strongly recommend that our clients review their portfolios and take a proactive approach to protect their IP rights.
It is advisable to monitor new filings to stay informed of identical or confusingly similar applications that may require attention. Additionally, one effective strategy already adopted by many companies to maintain trademark rights and avoid cancellation due to non-use is re-filing their existing trademarks. This option is best pursued if the rights have not yet been challenged, meaning no disputes are currently pending.
Please note, however, that the Patent Office will not register identical trademarks, even for the same owner. To succeed in re-filing, we recommend making slight modifications to the trademark, such as using a different font for word marks or updating the design or colors for device marks. Additionally, adjusting the specification of goods with different or more specific terms than those in the existing registration is advisable.
We would also be happy to organize a more detailed online update on the current IP protection and enforcement situation in Russia and Ukraine via Teams if you are interested.
Please feel free to reach out to me directly at Riikka.palmos@papula-nevinpat.com or by phone at +358 40 524 6454.
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