Trade Mark, Service Mark

Word, figurative, three-dimensional, or other signs or their combinations may be registered as trademarks. A trade mark can be registered in any color or color combination (article 1482, of Civil Code of the Russian Federation).

An exclusive right certified by a trademark certificate shall be recognized to a trademark, i.e., to a sign capable of individualizing of goods of legal entities of individual entrepreneurs (article 1477 of Civil Code of the Russian Federation).

The holder of the exclusive right to a trademark shall be a legal entity or an individual entrepreneur (article 1478 of Civil Code of the Russian Federation).

The trademark certificate shall certify the priority of a trademark and the exclusive right to the trademark with respect to the goods (work or services) indicated in the certificate (article 1481 of Civil Code of the Russian Federation).

The exclusive right to a trademark may be disposed for the individualization of the goods, work or services, with respect to which the trademark was registered, in particular by using a trademark:

1. on goods including labels and packaging of goods that are produced, offered for sale, sold, displayed at expositions and fairs, or otherwise introduce into civil circulation within the territory of the Russian Federation, or are kept or transported for this purpose, or imported into the territory of the Russian Federation;
2. while performing jobs, providing services;
3. on documents introducing goods into civil circulation;
4. while offering goods for sale, work for performance, and cervices for rendering as well as in announcements on signboards and in advertising;
5. in the Internet, including in a domain name and for other means of addressing.

No one has the right to use, without the permission of the rightholder, signs similar to his trademark with respect to the goods for the individualization of which the trademark has been registered or similar goods if such use would result in a likelyhood of confusion (article 1484 of Civil Code of the Russian Federation).

The exclusive right to a trademark shall be valid during 10 (ten) years from the filling date of an application for official registration of a trademark with the executive authority for intellectual property. The term of the exclusive right to a trademark may be extended for 10 years. The term of the exclusive right to a trademark may be extended without unlimited number of times (article 1491 of Civil Code of the Russian Federation).