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Trademarks
Trademarks and service marks are among the most valuable assets of companies. The company's badge is a symbol of its reputation, the quality of its goods and services. A carefully thought-out trademark selection and protection system should protect the company and enhance its competitiveness in the market, as well as be a source of profit through licensing and franchising.
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Trademark Registration
Trademark Registration
A trademark is a sign used to distinguish the goods or services of one enterprise from those of other enterprises.
What can be registered as a trademark?
Word marks, figurative marks, three-dimensional marks, and other types of marks or their combinations (including logos, words, slogans, images, three-dimensional shapes, sound marks, and color combinations, etc.) may be registered as trademarks.
Are there any conditions for trademark registration?
Yes, a trademark must be distinctive, meaning it should not be confusingly similar to already registered trademarks or those applied for registration, and it should not contradict public interests, morality, or ethics. It also must not be misleading regarding the product or its producer.
Why is trademark registration necessary?
Trademark registration confirms your exclusive right to use the trademark, allowing you to protect your brand from unauthorized use by third parties. It also provides the opportunity to generate revenue through licensing, selling, pledging, inheriting, or including the trademark in the charter capital.
Can I do without trademark registration?
It is difficult to protect your rights to the brand without registration, as the lack of registration does not provide legal grounds for court action in case of infringement. A registered trademark ensures your business is protected from unfair competition and copying.
How to determine if trademark rights are being infringed?
You need to compare the allegedly infringing mark with the registered trademark. If the mark is confusingly similar to your registered trademark and is used for similar goods or services, it may constitute an infringement. It is recommended to consult your trademark attorney for an accurate determination of infringement.
What is the duration of a trademark registration?
10 years, with the possibility of renewal for subsequent 10-year periods. In other words, registration may last forever.
In which countries is the trademark registration valid?
Registration is only valid in the country where it was conducted. For international protection, you need to file applications in each country of interest separately or use an international registration system such as the Madrid System.
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Consultations on Trademark Disputes
Do you have a registered trademark and someone is using it without permission?
Initially, it is advisable to send a cease-and-desist letter to the infringer. If they refuse to stop using the trademark, you should consider taking a legal action.
Can't use a trademark because a competitor has a registered mark?
You can try to negotiate a license to use the trademark or its purchase. If the right holder refuses and does not use the trademark themselves, you can seek to cancel their registration.
Want to use a mark but unsure if it will infringe on someone else's rights?
A preliminary search should be conducted among registered trademarks and pending applications and an opinion should be obtained from your trademark attorney.
Received a cease-and-desist letter or a lawsuit for trademark infringement?
First, determine whether infringement actually exists by obtaining an opinion from your trademark attorney. It is also worth checking whether the trademark in question can be invalidated.
Team of experts
Darya Zamotina
Trademark Attorney
Darya Zamotina
Trademark Attorney
Darya has been with Liapunov & Reznichenko since 2008, qualified as a trademark attorney in 2015.
Darya is working in the trademark department, the main activity is protection of the exclusive rights to the trademarks from the unlawful import and realization of the counterfeit goods by means of the Customs regulation, namely including of intellectual property objects into the Customs IP Registers of the Russian Federation and CIS countries.
Ilya Liapunov
Russian Patent and Trademark Attorney
Ilya Liapunov
Russian Patent and Trademark Attorney
Ilya possesses deep knowledge and extensive experience in protecting intellectual property rights, including patents, trademarks, and copyrights. To this day, he still advises clients on intellectual property protection strategies and portfolio management.
Victoria Peneva
Trademark Attorney
Victoria Peneva
Trademark Attorney
Victoria has been working with Liapunov & Reznichenko since 2006 and is the head of the trademark department. She has extensive experience in issues related to the preparing of the documents for filing applications for registration of trademarks, including the international procedure via Madrid system, to preparing of the documents for registration of disposal of the exclusive right to trademarks on the basis of licensing agreements, franchise agreements, pledge and assignment agreements.
Anna Reznichenko
Trademark Attorney
Anna Reznichenko
Trademark Attorney
Anna provides a wide range of services related to trademark protection, domain names, and copyright objects, and advises on customs regulation. Clients from many countries highly value her professional experience, unconventional thinking, and involvement in solving all issues.
Vera Rubanova
Trademark Attorney
Vera Rubanova
Trademark Attorney
Vera has been with Liapunov & Reznichenko since 2006 and since 2013 as a trademark attorney.
Vera deals with conducting trademark searches and provides advice to clients on possible risks of trademark registration and use. She has extensive experience in preparing and filing both national trademark applications and international trademark applications and further handling registration procedure until obtaining a Registration Certificate or statement of grant of protection.
Alina Sidorenko
Attorney-at-law
Alina Sidorenko
Attorney-at-law
Alina Sidorenko specializes in issues related to the legal protection of trademarks, including responses to notifications and examination requests, preparation of objections to the Chamber of Patent Disputes. Alina has successful experiendunce in cocting administrative cases and she is engaged in the development and preparation of expert opinions on the protection of trademark rights in court. Alina also has successful experience in conducting cases to protect trademark rights in the Intellectual Property Rights Court.
Yuri Torshin
Russian Federation Trademark Attorney
Yuri Torshin
Russian Federation Trademark Attorney
He started his professional journey at Liapunov & Reznichenko in 2006.
In the field of legal protection of trademarks and service marks, he provides a full range of services, including the preparation and filing of applications, analysis and development of licensing and concession agreements, as well as agreements on the alienation of exclusive rights.
Vasilina Chekhorduna
Assistant Trademark Attorney
Vasilina Chekhorduna
Assistant Trademark Attorney
Ms. Chekhorduna has been working for Liapunov & Reznichenko since 2021 and assists Trademark Attorneys in preparing and filing trademark applications, submitting the requests of renewal, recordal of changes and assignment in respect of trademark registrations.
Elena Shevchenko
Trademark Attorney
Elena Shevchenko
Trademark Attorney
Elena has been with Liapunov & Reznichenko since 2008 and since 2012 as a trademark attorney.
Elena deals with preparing and filing the applications for state registration of trademarks and service marks, including the ones according to the international procedure, preparing and filing responses to the examiner's requests and office actions, preparing and filing of oppositions, appeals and responses thereto with the Chamber of Patent Disputes, participating in the hearings of the Chamber of Patent Disputes, as well as preparing and filing the requests for state registration of amendments, transfer of rights, granting the right to use trademarks and service marks, renewal of the exclusive rights to trademarks and service marks, and conducting searches.
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