Spanish Wine and Brands: Trademark Registration in Russia

We are a legal firm specializing in trademark registration in Russia, with extensive experience assisting foreign brands, including Spanish wineries. The purpose of this article is to explain in detail how to protect a Spanish wine brand in the Russian market: from statistics and risks to the actual filing process, complete with examples and practical recommendations for 2025.

Why Spanish Wine Brands Are Paying More Attention to Registration in Russia

Foreign applicants are on the rise. According to Rospatent, the number of applications filed by foreign trademark holders under the national procedure grew by almost 20% in 2024 compared to the previous year (.
Popular categories include food, beverages, alcohol, and packaging. Wineries are high on the list.
Non-use risk. Under Russian law, a mark may be canceled if not used within a certain period. For wine imports, this is especially relevant: registering without sales could expose the brand to annulment .

The Legal Landscape: Core Rules and Systems

Law / System	What It Is	Why It Matters to Spanish Wine Brands
Russian Civil Code, Part IV	Defines trademarks, filing procedures, grounds for refusal, timelines, use, and annulment.	Spanish applicants rely on these provisions as “foreign applicants.”
Madrid System (Protocol/Agreement, WIPO)	International system allowing one application to cover multiple jurisdictions (WIPO).	Convenient if the brand already has a Spanish application or registration.
Paris Convention Priority	Lets applicants claim the filing date of their home-country application for six months.	Useful for Spanish wineries looking to protect quickly in Russia.

Challenges Specific to Wineries

Geographical Indications (GIs) — Rioja, Ribera del Duero, Priorat, etc. If the brand uses such a designation, it must be confirmed as a GI, otherwise conflicts may arise.
Language and design issues — Wine labels often mix fonts, images, and decorative elements. The mark must not be misleading or confusingly similar under Russian law.
Packaging as a trademark — Unique bottle or label design can be registered separately, broadening protection.
Use requirement — Trademarks must be used in Russia; otherwise, competitors may request annulment.

How a Spanish Wine Brand Files in Russia: Our Practical Plan

Here’s how we typically guide wineries through the process.

Step A: Strategy and Clearance

Search Russian databases (Rospatent) for conflicting marks.
Check GI registries to confirm whether regional names are protected.
Decide on route:
- National filing through Rospatent.
- Madrid System extension, if the brand is already filed in Spain.

Step B: Preparing the Application

Mark description: word, graphic element, colors, possibly label design.
Classification (Nice, 12th edition 2025): Class 33 (wine, alcoholic beverages), plus others (e.g., Class 35 for retail, Class 43 for tastings/wine tourism).
Certified translations into Russian.
Power of attorney for a Russian patent attorney — required for foreign applicants.
Priority documents if claiming under the Paris Convention.

Step C: Filing Options

Route	Pros	Cons / Risks
National filing with Rospatent	Full control, local experts, independent of “basic” mark.	More paperwork, potentially higher costs, average 12–18 months.
Madrid System	Efficient, one filing via WIPO, covers multiple countries .	Vulnerable to “central attack” if Spanish basic mark lapses within 5 years; responses may be slower.

Step D: Examination and Possible Objections

Formal examination: verifies documents, classes, fees.
Substantive examination: checks distinctiveness, conflicts, legality.
Third-party observations: Russian law allows interested parties to submit comments (WTR).
Grounds for refusal: similarity, misleading use, improper GIs.

Step E: After Registration

Use the mark in commerce (sales, ads, packaging).
Monitor for copycats.
Defend against bad-faith filings: Russia has seen a rise in opportunistic registrations of famous foreign brands.
Be aware of non-use challenges: competitors can cancel unused marks.

Hypothetical Case: one of the Spanish wine brands: “Bodega del Sol”

Suppose “Bodega del Sol” seeks Russian entry.

Search shows no conflict in Class 33 (alcohol), only in souvenirs.
File via Madrid, claiming Classes 33, 35, 43.
Include label design in the application.
File a parallel national application in Russia as backup.

FAQ

Question	Answer
Do I need sales in Russia before filing?	No. But post-registration, non-use risks apply.
Can I protect just the label?	Yes, as a combined mark (words + graphics).
How long does it take?	Typically 12–18 months for national filings.
How much does it cost?	Depends on classes, design complexity, attorney fees, and whether you file via Madrid or directly.

Madrid vs National Filing for Spanish Wine Brands

Factor	National Filing	Madrid System
Control	High	Lower, managed via WIPO
Dependency on Spain	None	Yes, basic mark must stand 5 years
Costs	Higher with many classes	Economical for multi-country coverage
Speed	12–18 months	Centralized but may face delays
Label/packaging	Fully specifiable	Limited by base mark’s scope

Our Recommendations

File early — secure priority before market entry.
Invest in quality documents — translations, classifications, design clarity.
Stay updated on Russian regulations — packaging, labeling, GIs.
Plan brand use — to avoid non-use cancellation.
Work with an experienced patent attorney — ideally with wine/alcohol expertise.

Spanish wineries can succeed in Russia with the right legal strategy. Trademark registration is not mere bureaucracy; it’s the foundation for protecting brand identity and reputation.

If you are a Spanish producer eyeing the Russian market, start with a clearance search and strategic filing route. With expert support, you’ll avoid pitfalls and safeguard your label for years to come.

Disclaimer: This article is for informational purposes only. For tailored advice, consult a qualified Russian patent attorney.