Садржај
For a long time, our laws indicated that only legal entities and individual entrepreneurs can register a trademark (Article 1478)1. But what about the self-employed? And the principle of legal equality of participants in civil circulation? The inaccuracy has been removed. FROM 28. јун 2023. године self-employed people can register a trademark. The law is signed by the President2.
– The main goal of the legislator is to equalize individual entrepreneurs and the self-employed. Registration of a trademark for a self-employed person is the next huge step in the development and protection of a personal brand, – explains the lawyer of the law group “Grishin, Pavlova and Partners” Lilia Malysheva.
We have prepared step-by-step instructions for registering a trademark for the self-employed in 2022. We publish prices and legal advice.
Шта је заштитни знак
A trademark is a means of individualization for goods or services, registered in the prescribed manner.
– In simple terms, a trademark is a modern form of a blacksmith’s brand. The master put it on his products in order to confirm to the buyers the source of origin and the high quality standards of the thing, – explains the lawyer, head of the intellectual property practice of Afonin, Bozhor and Partners Alexander Afonin.
Trademarks registered with Rospatent are protected on the territory of our country. There are also international trademarks, the legal protection of which is valid in several countries.
Trademarks are registered and protected for specific groups of goods. They are divided according to the international classification of goods and services – MKTU3. To register a trademark, a self-employed person will have to indicate the class of the Nice Classification to which his trademark belongs.
The most common types of trademarks:
- verbal: from words, word and letter combinations, sentences, their combinations (for example, ” Healthy Food Near Me”);
- pictorial: only a picture, without text (images of animals, nature and objects, abstract compositions, figures).
- combined: from verbal and pictorial elements.
There are also rare formats of trademarks. For example, voluminous. When a trademark consists of three-dimensional shapes and lines (for example, a cup of a famous coffee shop chain). You can register a unique sound, aroma, geographical indication, and even a special spelling of the brand in Braille, which is read by visually impaired and blind people.
Features of registering a trademark by self-employed
| What can be registered as a trademark | Verbal, figurative, three-dimensional and other designations or their combinations |
| What documents are needed for registration | Application, the trademark itself that you want to register, its description, the list of services and / or goods to which the trademark relates |
| Рокови за регистрацију | The whole procedure takes about 1,5 years |
| The total cost of registration | From 21 700 rub. (taking into account the discount for electronic filing of documents, without a paper certificate, a trademark is registered and verified only for one class of the Nice Classification) |
| Како се пријавити | Online, bring in person, send by mail or fax (in the latter case, documents must be delivered within a month) |
| Ко може да се пријави | Individual entrepreneur, legal entity, self-employed (since June 28, 2023) or the applicant’s representative acting on the basis of a power of attorney |
Who needs a trademark
The law does not require business owners to register a trademark. In practice, in 2022, it is difficult to work without it in some areas. For example, marketplaces are increasingly requiring sellers to either have a trademark on their products or apply for one.
– It is recommended to register a trademark for any projects that have shown profitability. Also for startups that require significant investments, even before the product enters the market to protect against “patent trolls”. The latter are those who specialize in registering someone else’s designations, or unoccupied designations solely for the purpose of subsequent resale, explains lawyer Alexander Afonin.
It turns out that a trademark is highly desirable for any product or service that enters the market. Thus, the self-employed will be able to more effectively protect their brand in case of any conflicts.
How to register a trademark as a self-employed person
In Our Country, trademarks are registered with the Federal Service for Intellectual Property (Rospatent) through an authorized organization – the Federal Institute of Industrial Property (FIPS).
1. Check for uniqueness
The first step for a self-employed person is to find out if the trademark he wants to register is unique. That is, it is necessary to exclude the identity between already existing trademarks. The similarity between signs is determined, among other things, by sound and meaning.
An important point: uniqueness should be within the framework of the goods and services that you plan to sell under this sign. For example, you sew sneakers and want to name and register your brand “Man’s Friend”. But under this trademark there is a veterinary clinic. These are goods and services from different classes of the Nice Classification. So the trademark for sneakers can be registered.
You can check the trademark in online databases. In Our Country, there is an institution of patent attorneys – these are people who provide legal services in the field of trademarks, copyright, and so on. You can pay for their work on checking for uniqueness. Also, legal bureaus that have access to the FIPS database are ready to undertake the verification. The base is paid and it may not be advisable to purchase access for the sake of one time, therefore, in this regard, legal bureaus help out and save clients money.
2. Pay the first state fees
For filing an application and conducting an examination in Rospatent. The duty will be in the amount of 15 rubles. This is provided that you want to register a trademark in only one of the classes of the Nice Classification. And if there are several, you will have to pay extra for checking each (000 rubles each) and for applying for each class (2500 rubles for each additional class over five of the Nice Classification).
3. Fill out and submit an application
The application can be submitted in paper and electronic form using an electronic digital signature. The application form on the website of Rospatent, there is also a sample.
Апликација мора да садржи:
- an application for state registration of the designation as a trademark, indicating the applicant;
- the claimed designation;
- a list of goods and/or services for which state registration of a trademark is requested according to the classes of the Nice Classification;
- description of the claimed designation.
Self-employed people can apply through the FIPS website, in the relevant section.
You can personally bring an application to the FIPS office in Moscow (Berezhkovskaya embankment, 30, building 1, metro station “Studencheskaya” or “Sportivnaya”) or send an application by registered mail to this address and add to the address of the recipient – G-59, GSP-3 , index 125993, Federation.
4. Respond to requests from Rospatent
The agency may have questions about your application. For example, they will ask you to eliminate flaws in the application or send documents. If everything is fine, then a positive conclusion will come.
5. Pay another state duty
This time for trademark registration. If you need a certificate in paper form, then you need to pay a fee for it at this step.
6. Get a conclusion
On the registration of a trademark. The entire procedure from the moment of payment of the first fee to the final conclusion according to the law takes “eighteen months and two weeks”, that is, a little more than a year and a half. In reality, things often happen faster.
7. Don’t miss a trademark renewal deadline
Self-employed people should remember that the exclusive right to a trademark is valid for 10 years from the date of filing an application for registration with Rospatent. At the expiration of the term, the right can be extended for another 10 years and so an unlimited number of times.
How long does it cost to register a trademark for self-employed
It is possible that in 2023, when the self-employed will be able to fully register trademarks, prices for them will be different. We publish the current cost, which is valid for legal entities and individual entrepreneurs.
It is possible to speed up the registration process. This service costs 94 rubles. (according to official data of Rospatent). With such a service, the period for obtaining a certificate can be significantly reduced (up to 400 months).
You have to pay several state fees for registering a trademark.
| Application for registration of a trademark (up to 5 MKTU) | 3500 рубаља |
| For each NKTU over 5 | for 1000 rubles. |
| Checking a trademark for identity and similarity with other trademarks in one class of your choice | 11 руб. |
| State duty for trademark registration (up to 5 MKTU) | 16 руб. |
| For each NKTU over 5 | for 1000 rubles. |
| Issuance of a paper certificate of trademark registration | 2000 рубаља |
FIPS officially provides a service of accelerated registration and issuance of a trademark certificate – in two months. It costs 94 rubles.
Law offices are also ready to assist in the registration of a trademark – to undertake the preparation of documents. The service costs an average of 20-000 rubles.
Популарна питања и одговори
Can I register a trademark for free?
What are the guarantees and benefits of registering a trademark?
1. Confirmation of your priority for a product or service (that is, you were the first, this is your product and its designation).
2. Protection from “patent trolls”.
3. Protection from competitors who deliberately want to copy your brand and mislead customers.
4. Ability to recover compensation from 10 to 000 rubles. for each fact of violation through the court.
5. Recognize the goods on which the trademark is illegally placed as counterfeit and subject to destruction – through the court.
6. Raise the issue of bringing violators to criminal responsibility (Article 180 of the Criminal Code of the Federation).
7. The right holder may use the protection mark ® next to the trademark.
8. The owner of a registered national trademark may apply for registration of an international trademark.
9. Enter your trademark in the register of customs and thereby prohibit the import of counterfeit products from abroad across the border.
10. Prohibit the use on the Internet of site names in the .RU zone that are confusingly similar for the sale of similar products.
What is the difference between a trademark and a logo?
Извори
- Civil Code of the Federation Article 1478. Owner of the exclusive right to a trademark
- Federal Law No. 28.06.2022-FZ of June 193, 0001202206280033 “On Amendments to Part Four of the Civil Code of the Federation” http://publication.pravo.gov.ru/Document/View/1?index=1&rangeSize=XNUMX
- International classification of goods and services http://www.mktu.info/goods/