1. Can foreign individuals or companies register trademarks or patents in Russia?
Yes, foreign individuals (including foreign entrepreneurs), legal entities, and international organizations can apply for trademark registration in Russia just like Russian applicants. They have the same rights as Russian entities once the mark is registered.
2. Is it necessary to have a local representative to file an application?
Absolutely. Foreign applicants must engage a Russian-licensed patent/trademark attorney (patent attorney) to handle all proceedings with Rospatent. Direct filings by the foreign entity are not allowed under Russian law.
3. How long does the trademark registration process take in Russia?
Legally, the process can take up to 18 months, but in practice it often completes within 5–8 months under smooth conditions.
4. Is there a fast-track option for trademark registration?
Yes, Rospatent offers an accelerated examination service. It includes a formal element check within 10 days and a substantive decision within approximately two months. The expedited option carries a fee of around 94,400 RUB per class
5. What is the term of protection for trademarks in Russia?
A trademark is protected for 10 years from the filing date and may be renewed indefinitely in 10-year increments.
6. Does Russia recognize trademark rights based on usage or registration?
Russia follows a first-to-file system. Rights arise upon registration, not use, so simply using a mark does not grant any legal protection unless it’s registered.
7. Is continued use of the trademark required after registration?
Yes. If a trademark is not used within three years of registration, it may be cancelled on grounds of non-use. Proof like invoices, customs data, or distribution documents may be required.
8. What types of trademarks are accepted in Russia?
Registrable mark types include word marks, logos, combined marks, 3D shapes, sounds, colors, and even scents—provided they meet legal standards and are not generic or descriptive in nature.
9. Can my trademark include foreign words?
Yes, trademarks containing foreign terms are permissible as long as they comply with Russian trademark regulations.
11. What types of patents can be obtained in Russia?
Russia offers patent protection for:
- Inventions (20-year term)
- Utility models (10 years)
- Industrial designs (5 years)
The validity period starts from the date of application.
10. What are the renewal rules for patents?
Patent holders must pay renewal fees starting in the third year after filing. These fees increase over time. Discounts (up to 5×) may be available for individual inventors or small entities
11. Are there restrictions due to international sanctions?
Yes. Since mid-2022, many foreign patent holders have been unable to pay renewals because payments must go through the Central Bank of Russia, which is sanctioned. This situation may lead to patent expirations.
12. What is a Russian patent attorney (patentny poverennyy)?
A patentny poverennyy is a certified legal professional authorized to represent clients in patent and trademark matters, including registrations and disputes, before Rospatent. Representation through such an attorney is mandatory for foreign applicants.
13. What services does Rospatent / FIPS provide?
Rospatent (FIPS) handles:
- Examination and registration of patents, utility models, designs, trademarks, service marks, software, databases, and microchip topographies
- Term renewals, reinstatements, and cancellations
- Recognition of well-known marks
- Training and educational programs in IP law
Summary Table
| Topic | Key Takeaway |
|---|---|
| Eligibility | Foreign entities can register, but must use Russian patent attorneys |
| Timeline | Approx. 5–8 months (legal max: ~18 months) |
| Renewal Terms | Trademarks: 10 years; patents vary (5–20 yrs) |
| Usage Requirement | Mandatory for trademarks—proof may be required |
| Patent Filing Disruptions | Sanctions may affect renewal payments |
| International Protection | Achievable via Madrid System |
| Attorney Requirement | Mandatory for foreign applicants |