This guide covers trademarks and service marks in the Russian Federation. Geographical indications, appellations of origin, company names and copyright are mentioned only where they affect clearance, registrability or enforcement of a trademark.
Part I. Procedures
Legal framework and scope
Which laws govern trademarks in Russia?
Trademarks are governed by Part Four of the Civil Code of the Russian Federation, mainly Articles 1477–1515. Registrations are granted by the Federal Service for Intellectual Property (Rospatent); examination is carried out by its subordinate institute, FIPS.
Russia is a party to the Paris Convention and to both the Madrid Agreement and the Madrid Protocol, and it applies the Nice Classification. A foreign owner can therefore either file directly in Russia or designate Russia in an international registration.
What can be registered?
A trademark distinguishes goods; a service mark distinguishes services — the same rules apply to both. Word, figurative, three-dimensional and other signs, and any combination of them, can be registered, in any colour or colour combination. Non-traditional signs are possible if they can be represented clearly and actually work as an indication of commercial origin.
A Russian registration protects the mark only for the goods and services listed in it.
Are unregistered marks protected?
As a rule, no: Russia is a registration-based system and rights arise from registration, not from use. Prior use can still matter in a few narrower situations — to prove acquired distinctiveness, to support well-known status, as a commercial designation, in copyright or domain-name arguments, or to challenge a later filing as bad faith or unfair competition. These routes depend heavily on the facts and are much weaker than a registration.
Can well-known marks be protected?
Yes. Rospatent can recognise a mark as well-known in Russia if it has become widely known among the relevant consumers. Recognition requires a separate procedure and substantial evidence, but it gives broader protection than an ordinary registration.
Applicants and representation
Who can own a Russian trademark?
Legal entities, individual entrepreneurs and — since 29 June 2023 — private individuals. Before that date, individuals could hold trademarks only if registered as entrepreneurs.
Is a Russian attorney required?
Foreign companies and individuals permanently resident abroad deal with Rospatent through a patent attorney registered with Rospatent, unless an international treaty provides otherwise. A power of attorney in simple written form is normally sufficient; notarisation and legalisation are not usually required.
Filing routes
Which filing routes are available?
- National application filed directly with Rospatent — the most flexible option when the specification has to be tailored, the applicant wants direct local control, or objections are expected.
- Madrid designation of Russia in an international registration or a subsequent designation. Rospatent examines it under Russian law on absolute and relative grounds and may issue a provisional refusal.
Can one application cover several classes?
Yes. An application covers a single mark but may include goods and services in any number of Nice classes. The wording of the specification defines the scope of protection and affects examination, fees, use requirements and the risk of cancellation, so it deserves careful drafting.
What does a national application contain?
The application is filed in Russian and usually includes:
- applicant details — name, address, legal form or personal data, and the representative’s details;
- a representation of the mark — word, image, colour version or other form;
- the list of goods and services, classified under the Nice Classification and matching the real or planned business (inaccurate or misleading wording causes problems later);
- explanations where relevant — translation, transliteration, colour claim, description of figurative elements;
- priority documents if Convention or exhibition priority is claimed;
- the power of attorney and proof of payment of official fees.
Priority and official fees
How is priority established?
- Ordinary priority — the filing date of the Russian application.
- Convention priority — the filing date of the first application in a Paris Convention country, if the Russian application follows within six months.
- Exhibition priority — the date the goods were first shown at an official or officially recognised international exhibition, if the application follows within six months. This route is rarely used and needs solid evidence that the exhibition qualifies.
What are the main official fees?
Fees depend on the number of classes and on the length of the specification. Under the Rospatent fee schedule in force since 4 October 2025 (Government Decree No. 1459 of 23 September 2025):
- filing and formal examination: RUB 4,000 (≈ €45), plus RUB 1,000 (≈ €11) for each class beyond the first;
- substantive examination: RUB 13,000 (≈ €146), plus RUB 2,500 (≈ €28) for each class beyond the first, plus RUB 500 (≈ €6) for each item over 10 in any one class;
- registration and electronic certificate: RUB 18,000 (≈ €202), plus RUB 2,000 (≈ €22) for each class beyond the fifth; a paper certificate costs an additional RUB 3,000 (≈ €34).
The minimum for one class with up to 10 items is therefore RUB 35,000 (≈ €392).
Should a clearance search be done before filing?
It is not mandatory but strongly recommended. A good Russian search covers identical and similar national marks, Madrid designations, pending applications, well-known marks, company names and domain names — including Cyrillic and Latin variants, translations, transliterations and conceptual equivalents. For foreign words, the way a Russian speaker reads and understands them is often decisive.
Examination and timeline
What happens after filing?
The application receives a number and its details are published. Rospatent then carries out a formal examination and a substantive examination of the sign, and decides to register or refuse. After the registration fee is paid, the mark is entered in the State Register and a certificate is issued.
What does Rospatent examine?
Both absolute and relative grounds. Absolute grounds include lack of distinctiveness, descriptive or generic character, misleading character, conflict with public interest or morality, and official symbols. Relative grounds include earlier trademarks and applications, well-known marks, protected geographical indications and appellations of origin, certain company names, industrial designs, copyright works, personal names and portraits, and other earlier rights.
A frequent practical issue: a descriptive element pointing to a specific product, property or field. If the specification also covers goods or services for which that message would be untrue, Rospatent may find the mark misleading for that part of the list.
Can third parties oppose an application?
Russia has no classic pre-grant opposition period. Once an application is published, third parties may submit observations on registrability, which the examiner can take into account — but they do not become parties to the proceedings.
How are office actions handled?
If documents are missing or defective, Rospatent requests corrections. The answer is normally due within three months from the date the request is sent; otherwise the application may be deemed withdrawn. The term can be extended on request and payment of a fee, usually by up to six months.
A substantive notification raising grounds for refusal can be answered within six months. The response may contain legal arguments, evidence of acquired distinctiveness, an amended specification, letters of consent from owners of earlier marks or other supporting material.
How long does registration take?
In practice, registration typically takes 8–15 months, depending on office actions, the length of the specification, objections, amendments and appeals. The official maximum term of the service is 18 months and 2 weeks.
Is accelerated examination available?
Yes. An accelerated procedure is available and can bring registration down to as little as 2.5 months in straightforward cases. It does not remove grounds for refusal, so a clean mark and a well-drafted specification remain essential.
Can a refusal be appealed?
Yes. A refusal (in full or in part), a refusal to accept an application or a decision deeming it withdrawn can be challenged by an objection to Rospatent within four months from the date the decision is sent. The decision on the objection can then be challenged in the Intellectual Property Court.
Madrid designations
How does a designation of Russia work?
Rospatent examines the designation under Russian law. It has 12 months from the date WIPO notifies it of the international registration or subsequent designation to issue a refusal. If no refusal is issued in time, or a refusal is overcome, the mark is protected in Russia as if it had been registered nationally, for the goods and services finally protected.
How long is there to answer a provisional refusal?
Six months from the date of the provisional refusal notification. Foreign holders who must be represented file their response through a patent attorney registered with Rospatent.
Is the Madrid route always cheaper or simpler?
Not necessarily. It is efficient for multi-country portfolios, but Russian provisional refusals are common when specifications are inaccurate or not adapted to Russian practice, when marks contain non-protectable elements, when descriptors are misleading for part of the list, or when earlier rights are cited. A national filing gives more control over the specification and the local arguments from the start.
Part II. Rights and portfolio management
Grant, term and renewal
When does protection start?
A national registration is entered in the State Register and evidenced by a certificate; the exclusive right can be enforced after registration, while the priority date protects against later filings.
Russia does not issue a national certificate for a Madrid designation. If protection is granted, or no provisional refusal is notified within the 12-month period, the international registration has the same effect in Russia as a national one from the international registration date — or, for a later designation, from the subsequent designation date — subject to any valid priority claim and the final scope of protection.
How long does a registration last?
Ten years from the filing date of the application, renewable for further ten-year periods without limit.
When and how is a registration renewed?
The renewal request is filed during the last year of the term. If that is missed, a six-month grace period is available on request and payment of an additional fee. Rospatent does not send reminders.
Official renewal fees: RUB 22,000 (≈ €246), plus RUB 2,000 (≈ €22) for each class beyond the fifth, plus RUB 500 (≈ €6) for each item over 10 in any one class; a paper renewal certificate costs RUB 3,000 (≈ €34); the grace-period request costs a further RUB 3,000 (≈ €34).
Can the ® symbol be used?
Yes. The owner may use ® or wording stating that the sign is a trademark registered in Russia — but only for registered marks and only for the goods and services covered.
Use requirement
Must a registered mark be used?
Yes. A mark that has not been used for any continuous three-year period, for all or some of the registered goods or services, is vulnerable to cancellation. This matters most for defensive filings, unused items in the specification and marks registered long before market entry.
Who can request cancellation for non-use, and how?
Any interested person. They must first send the owner a pre-trial proposal to give up the mark or assign it to them. If the matter is not settled, the claim goes to the Intellectual Property Court, where in practice the owner has to prove genuine use.
What counts as use?
Placing the mark on goods, labels or packaging, in documents, advertising, offers for sale, websites and other materials linked to the goods or services in Russia. For goods, the best evidence ties the mark to actual introduction of the goods into circulation in Russia — or to genuine offers, storage, transport or import for that purpose. Purely formal, internal or decorative use, or material unrelated to the Russian market, may not be enough.
Use by a licensee or another authorised person counts, as does use in a slightly modified form that does not change the essence of the mark.
Assignments, licences and pledges
Can a trademark be assigned?
Yes, for all or part of the goods and services, provided the assignment does not mislead consumers about the goods or their producer. The assignment must be in writing and registered with Rospatent.
Can a trademark be licensed?
Yes. A licence must be in writing and the grant of the right of use must be registered with Rospatent. Commercially, quality control matters: the owner should make sure licensed use does not weaken the mark or deceive consumers.
Can a trademark be pledged?
Yes, and the pledge must be registered with Rospatent. Registration is essential: an unregistered assignment, licence or pledge may not have the intended legal effect against third parties.
Can a pending application be transferred?
Yes. The change of applicant is recorded in the application file. It may affect examination if it creates a risk of misleading consumers about the goods, services or their producer.
Invalidation, cancellation and narrowing
How can a registration be challenged?
Through an invalidation action before Rospatent on statutory grounds. Some absolute-ground challenges can be brought throughout the term of protection; most challenges based on earlier rights must be brought within five years from publication of the registration. Bad faith and unfair competition can also be invoked where appropriate.
How does non-use cancellation differ from invalidation?
Invalidation questions whether the registration should have been granted at all, usually by reference to the situation at filing or registration. Non-use cancellation ends protection going forward because the mark was not used during the relevant three-year period — normally only for the goods and services for which use is not proved.
Can the specification be narrowed?
Yes, both during examination and after registration. Narrowing helps to overcome refusals, avoid conflicts, settle disputes or reduce non-use exposure. The list cannot be broadened after filing — additional goods or services require a new application.
Part III. Enforcement
Scope of rights
What constitutes infringement?
The owner can prohibit unauthorised use of an identical or confusingly similar sign for identical or similar goods or services where confusion is likely — on goods, labels, packaging, documents, advertising, offers for sale, imports, online stores, domain names, marketplace listings and other commercial material.
Does exhaustion apply?
Russian law provides for exhaustion for goods put into circulation in Russia by the owner or with its consent. The rules on parallel imports have, however, been modified by special measures and lists of permitted goods, so the current position must be checked for the specific goods concerned.
Courts and authorities
Which courts hear infringement cases?
Business-related trademark disputes are generally heard by the commercial (arbitrazh) courts; jurisdiction depends on the parties and the nature of the claim. The Intellectual Property Court acts as the cassation court for IP disputes and as the first-instance court for certain matters, including non-use cancellation.
Does Rospatent decide infringement?
No. Rospatent deals with registration, examination, appeals and invalidation. Infringement claims go to the courts, while administrative and law-enforcement authorities may become involved in counterfeiting cases.
Civil remedies
What civil remedies are available?
- Injunction — an order to stop the infringing use.
- Withdrawal and destruction of counterfeit goods, labels and packaging at the infringer’s expense, or removal of the sign where destruction is not in the public interest.
- Removal of the sign from documents, advertising, signage and other materials.
- Damages — proven losses, including lost profits.
- Statutory compensation instead of damages: from RUB 10,000 to RUB 10,000,000 (the ceiling was raised from RUB 5,000,000 in January 2026), or twice the value of the counterfeit goods, or twice the value of the right to use the mark.
What evidence matters?
The registration certificate, proof of title and recorded transactions, samples or screenshots of the infringing use, purchase records, marketplace listings, customs or inspection materials, notarised internet evidence, evidence of confusion or reputation where relevant, and calculations supporting the claim. In non-use disputes, dated proof of genuine commercial use in Russia is critical.
Customs protection
What is the Customs IP Register?
A register kept by the Federal Customs Service (FCS). Once a trademark is recorded, customs officers watch for it at the border and can detain suspected counterfeits before they reach the Russian market. The owner is notified immediately and can take action. Recordal is separate from registration with Rospatent and requires a registered mark.
The register is used mainly for trademarks, but it also covers appellations of origin, geographical indications and copyright. It is most valuable in sectors exposed to counterfeiting — fashion, electronics, automotive, pharmaceuticals and the like.
Which shipments does it cover?
Only commercial cross-border shipments. Goods already on the domestic market and personal imports are outside its scope.
How long does recordal last, and what does it cost?
Up to three years, but not beyond the term of the trademark itself; it can be extended on request while the trademark remains valid. There is no official fee. Processing usually takes about 2–3 months from the application.
Which documents are required?
One application is filed per trademark. The file has three parts.
1. Corporate and legal documents
- Power of attorney signed by an authorised person (with proof of authority), stating the signatory’s full name and position and listing every power in full — dealing with customs, handling detentions, arranging insurance. If a power is missing, a new notarised and apostilled power of attorney may be needed.
- Trademark documents — for a national mark: the certificate and any Rospatent certificates of changes or renewal, with details of assignments, licences or franchise agreements; for a Madrid mark: the registration certificate and a certified WIPO extract issued no earlier than one month before filing. Documents not in Russian need a notarised Russian translation.
- Proof of the owner’s legal existence — certificate of incorporation or registry extract reflecting any change of name or address, issued no earlier than one month before filing, notarised, apostilled and translated into Russian.
- Undertaking by the owner to compensate any damage the suspension of release may cause to the declarant, owner or consignee of the goods or other persons.
- Liability insurance covering such damage, for an insured amount of at least RUB 500,000 (≈ €5,598); the premium is set individually by the insurer. The insurance can be arranged through a licensed Russian insurer under the power of attorney, and proof of insurance and payment may be filed within one month of the FCS preliminary decision to record the mark. In practice, no cases are known of owners being held liable for a wrongful detention.
2. Genuine goods and authorised importers
- Tax (INN) and registration (OGRN) numbers of each authorised importer — scans are enough.
- Authorised trade and logistics routes — optional but recommended, as they help customs recognise legitimate shipments.
- Customs tariff (HS / TN VED) codes of the genuine goods.
3. Counterfeits and known infringers
- A visual guide comparing genuine and fake products — labelling, packaging, security features — treated as confidential and strongly recommended.
- Known or suspected infringers and channels: importers and exporters, online and offline sales channels, earlier enforcement history.
- Evidence that counterfeits circulate in Russia: police or customs seizure reports with photos, stamped invoices or receipts from local sellers with product photos, screenshots of online offers to Russian consumers, results of test purchases or market investigations. If none is available, it can be gathered through local investigations or online monitoring.
What happens when customs detect suspected counterfeits?
- Release of the shipment is suspended for up to 10 working days, extendable by another 10.
- The owner is notified immediately and may inspect the goods.
- If infringement is confirmed, the owner can ask customs to bring an administrative case to court and support it as an interested party, request seizure and destruction of the goods, and take part in the expert examination.
Administrative proceedings usually end with a fine and confiscation; if the court finds for the owner, the counterfeits are destroyed.
Does the register help against parallel imports?
Indirectly. Customs do not take administrative action against genuine goods imported without consent, but recordal helps the owner detect such shipments. The owner can then sue the importer in civil proceedings and claim compensation from RUB 10,000 to RUB 10,000,000 or twice the price of the goods. This is most relevant where exclusive distribution or territorial licensing is in place. The prohibition does not apply to goods on the list approved by the Ministry of Industry and Trade.
Administrative and criminal liability
Is there administrative or criminal liability?
Yes. Illegal use of another’s trademark or a confusingly similar sign may lead to administrative liability under Article 14.10 of the Code of Administrative Offences, often with confiscation of the goods. Criminal liability under Article 180 of the Criminal Code applies to repeated infringement or infringement causing large damage — more than RUB 400,000. For most brand owners civil enforcement remains the main route; administrative and criminal measures matter most against counterfeiting.
Enforcement timeline and strategy
How long does enforcement take?
A straightforward civil case takes around 6–12 months at first instance; appeal and cassation can extend it to 18–24 months or more. Administrative anti-counterfeiting actions can be faster, depending on the facts, the authorities involved and the quality of the evidence.
Are preliminary injunctions available?
Yes, in principle, but courts expect convincing evidence of urgency, risk of harm and proportionality, and may require security. They are possible but not routine.
What should an owner do before taking action?
- Audit the rights — check that the mark is registered, renewed, recorded in the right owner’s name and covers the relevant goods or services.
- Preserve evidence — secure dated samples, screenshots, purchases, invoices, customs data and marketplace records before sending any warning.
- Check vulnerabilities — non-use, descriptiveness, invalidity risk, parallel-import rules, licences and distribution arrangements.
- Choose the forum — civil court, administrative complaint, customs recordal, marketplace takedown, domain-name action or criminal complaint, according to the commercial goal.
Need a Russian trademark?
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Register in RussiaCurrent as of October 2026. Official fees, deadlines, Madrid practice and parallel-import rules change — check them at the time of filing or enforcement. This guide is general information, not legal advice. Euro amounts are an approximate conversion for your convenience.