Lexmark trademark case: now they're convinced they should have registered trademark in Russia

American company " Lexmark Int " started selling printers not having registered its trademark in Russia. It turned out, that the trademark had been already registered in the name of the enterprise "Proginfo"...

The experts in protection of the intellectual property are convinced that the new Russian legislation in this area corresponds to the international legal standards.

American company " Lexmark Int " started selling printers not having registered its trademark in Russia. It turned out, that the trademark had been already registered in the name of the enterprise "Proginfo",which applied to the court of arbitration with the claim against the company "Lexmark". As the result the American company had to suspend deliveries of printers to Russia and to get the remaining printers from customs warehouses, which was difficult because they appeared to be in the position of a contraband.

Why it is necessary to register trademarks in Russia.

• Only legally registered trademarks are protected by the law.
• If your company does not register its trademarks in Russia, the competitors or firms earning from unauthorized registration may take advantage of it.
• In Russia to place outdoor advertisements companies have to register their trademarks in a foreign language.
• Use of precautionary mark ® is possible only when the trademark has been registered on the territory of Russia.
• Rights to a trademark may be contributed to the authorized fund of the enterprise.

The procedure of registration of a trademark consists in the following:

• Appointment of a Russian patent attorney.
  When choosing a patent attorney we recommend you to make sure he has the documents confirming his authority' and to inquire about his experience in trademark protection. It is more reliable to trust a firm of patent attorneys. Many of such firms have large experience of work and skilled specialists.
• Preparation of trademark application papers.
• Filing of the application to the Russian Patent Office and office-work.

Trademark examination lasts about 1.5-2 years. In case of a positive decision and payment of the appropriate fee the trademark is recorded in the State Register of trademarks and the certificate of registration is issued. For accelerated examination (about 6 months) additional tariffs have to be paid.

Registration of a trademark is valid within 10 years from the priority date.

Next article » Hennes & Mauritz trying to stop use of H&M’s trademark by the Russian firm

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