Countries with their own postage stamps. International trademark registration

The requirement to indicate the country of origin of goods is one of the mandatory requirements for the first part of an application for participation in an electronic auction and for an application for participation in an open competition. Those wishing to participate in the auction have many questions related to this concept - from why this information is needed to how to indicate it correctly. Understanding the details and subtleties of this item can be extremely difficult.

What is the country of origin of the goods

The first question that needs to be answered is what is meant by the country of origin of a product? Federal Law No. 44 does not disclose this concept, so in order to find the truth you will have to refer to the explanations given by the Ministry of Economic Development in letter No. D28I-1889 dated April 30, 2014. According to the information contained in paragraphs 88-89 of this letter, one should proceed from the definition given in Part 1 of Article 58 of the Customs Code of the Russian Federation. According to it, the country of origin of a product is the state or several states in whose territory the product was produced entirely or finally processed.

In which purchases is it required to indicate the country of origin of the goods?

Such a requirement is necessarily contained in the documentation on open tenders (Part 2 of Article 51 of Federal Law No. 44) and electronic auctions (Part 3 of Article 66 of Federal Law No. 44).

Many participants wonder whether it is necessary to indicate such information in the quotation application. Based on clause 6 of part 3 of Article 73 of Federal Law No. 44, such a requirement is mandatory by the customer only in the cases specified in Article 14 of Federal Law No. 44 (if we are talking about limiting the admission or completely banning the admission of any goods). In general, there should not be a clause requiring the participant to indicate in which country the goods were produced in the notice of a request for quotation. Therefore, in the absence of special requirements, the participant has the right not to indicate this data.

How is the country of origin of the goods confirmed?

As for the electronic auction, it is indicated by the participant in the first part of the application. Moreover, if such a requirement is established by the customer in the documentation in accordance with the current legislation of the Russian Federation, the corresponding declarations or certificates will need to be attached to the second one (in accordance with clause 3 of part 5 of article 66 of Federal Law No. 44). Removal of the first part of the application due to the lack of these documents is unacceptable and is a gross violation of the law on the part of the competition/auction commission.

In general, there is no need to confirm information about the country of origin of the goods - it is enough to state the fact in the first part of the application (if you additionally indicate this information in part 2, you can use a sample). However, deception is not acceptable here - in case of victory in the delivery of goods, the customer will certainly pay attention to the discrepancy.

With a competition, everything is simpler - all the documents are provided at once and you have to figure out the question “when?” not necessary.

How to correctly indicate the country of origin of the goods in the application

In order to correctly indicate the country of origin of the goods, you need to refer to the Decree of the State Standard of Russia dated February 14, 2001 No. 529-st. It is they who determine which names, including abbreviated ones, are acceptable for a particular country. For your convenience, we have posted on our website information from the all-Russian classifier of countries of the world.

Typical mistakes that bidders make:

• Instead of the name provided by the classifier, abbreviated ones are indicated, for example, “RF” or “USA”. Both of these abbreviations, although common in use, are considered erroneous. It would be correct to write " Russian Federation" or " USA" respectively.
• Another mistake is indicating a specific city without mentioning the country. For example, "Yaroslavl", "Kolomna" or " Moscow region". In all cases, it would be correct to write simply " Russian Federation".
• Some participants try to indicate the country in which the product was produced using complicated phrases. For example, “product of Belarusian production” or “product produced in Belarus”. This is also incorrect, you should simply write “Belarus”. By the way, “Belarus”, which is familiar to Russian ears, is unacceptable in accordance with the classifier.

Why do you need to indicate the country of origin of the product?

Having dealt with all the details and intricacies of indicating the country of origin of the goods, some bidders still ask the question - why is this necessary? The answer to this question is given in Article 14 of Federal Law No. 44. For all procurements carried out by state and municipal bodies, the national regime is applied. In addition, 15 percent preferences are provided for some categories of goods produced in Russia, Belarus and Kazakhstan. Their list is determined by order of the Ministry of Economic Development dated March 25, 2014 No. 155. Rating 4.75 (8 Votes)

Since there are more territories with their own stamps, the volume of annual production of postage stamps has increased. Therefore, no one can collect all the stamps in the world, as it was fashionable to do before the Second World War.

A surprising number of philatelists still maintain worldwide collections, but the criteria they use have changed over the years. For example, instead of subscribing to receive all new issues of the British Commonwealth, some limit their interests to used stamps from their own correspondence. This is not at all a manifestation of narrow-mindedness, as it might seem: after all, it is interesting which brands are actively used.

Other collectors specialize in stamps from related states. Interestingly, Irish stamps were once not popular with the English, partly for political reasons, but mainly because of their strange script (monastic uncial) and Gaelic inscriptions. In recent years, however, Irish stamps have been printed in English and have gained the interest of collectors who now regard the British Isles as a compact group, large enough to provide plenty for the philatelist to enjoy.

Currently, collectors around the world are inclined to collect stamps from their own country and its immediate neighbors. Thus, American philatelists add to their collections stamps from Canada, the UN and former trust territories - the Marshall Islands, Micronesia and Palau. The Italians focus on the numerous issues of San Marino and the Vatican, while the French specialize in stamps from Andorra and Morocco and perhaps their country's few remaining overseas colonies - the Pacific, Caribbean and Antarctic.



Collecting by such natural groups of countries is often facilitated or even encouraged by the marketing policy of philatelic bureaus, which currently work with stamps of neighboring countries, not limiting themselves to domestic ones. Under a bilateral agreement between the People's Republic of China and Hong Kong, Taiwan and Macau, postage stamps for these "special administrative regions" can be purchased in China, and they have Chinese ones. So, ordering stamps from the French group is no more difficult than just French ones. The same order form is used for this. In addition, you can buy them online.

Registering a trademark in other countries is possible in several ways. We will offer you the best option, taking into account your wishes and needs

The legal protection of a trademark is limited to the territory of the country in which it is registered, therefore, for those companies that operate outside of Ukraine, it is necessary to register their trademark in other countries. Before starting the international registration procedure, it is highly advisable to submit an application for registration of the same trademark in Ukraine, and in some cases it will be necessary to wait for the Certificate to be issued.

Registration of a trademark abroad is possible:

• by submitting separate applications to each country;
• by filing an application under the Madrid Protocol or the Madrid Agreement;
• by filing an application for registration of a trademark of the European Union.

Let's consider possible options for registering a trademark.

Registration of a trademark separately in each country

Applications for trademark registration are submitted to the patent offices of each country separately. Accordingly, each country must pay its own duties. In most cases, in each country it will be necessary to use the services of foreign patent attorneys and pay for their work.

Advantages:

• a relatively small amount of expenses when registering a trademark in one or two countries;
• you can register a trademark in another country without registering it in Ukraine (i.e. there is no link to national registration);
• If you have submitted a similar application in Ukraine, you can take advantage of the 6-month priority under the Paris Convention.

Flaws:

• If it is necessary to register a trademark in a large number of countries, then the cost of registration increases greatly due to the fees of patent attorneys in each of these countries.

Trademark registration under the Madrid Agreement (Madrid Protocol)

In this case, you must first submit an application for registration of a trademark in Ukraine, and in some cases, wait for the Certificate to be issued. Then, one application for registration of a trademark is submitted to the International Bureau in Switzerland, which indicates the list of countries for which registration is to be obtained. When filing this application, one set of fees is payable in one currency (Swiss francs).

Advantages:

• there is no need to submit several applications simultaneously to different patent offices, since only one application is submitted, which indicates all the necessary countries;
• the list of countries you need can always be supplemented by paying additional duties;
• the cost of international registration of a trademark is significantly reduced, since there is no need to pay fees to foreign patent attorneys either at the stage of filing an application or at the stage of issuing a decision on registration in a particular country;
• the number of fees paid for trademark registration is reduced.

Flaws:

• not all countries have signed the Madrid Agreement (Madrid Protocol);
• registration under the Madrid Agreement (Madrid Protocol) is not always beneficial if you need to register a trademark in one or two countries;
• In case of refusal to register a trademark in any country, in order to challenge this refusal it will be necessary to contact patent attorneys in that country.

The cost of registering a trademark under the Madrid Agreement (Madrid Protocol) is the following payments:

1. State fee for filing an application for international registration – 600 UAH.

2. International fee, which is paid to the account of the International Bureau in Switzerland in Swiss francs and in turn consists of:

2.1 Basic fee – CHF 653. francs when filing for registration of a black and white trademark or 903 Swiss. francs when applying for registration of a color trademark.
2.2 Additional duty (complementary fee), the amount of which depends on the number of countries specified in the application - 100 Swiss each. francs for each country.
Some countries have established individual fees, which are different from the additional duty. For example, Great Britain - 295 Swiss. francs, USA - 337 Swiss francs. francs, Uzbekistan - 1254 Swiss. francs
2.3. Additional fee (supplementary fee), which is 100 Swiss. francs and is paid for each class of goods and services over three.

3. Services of our agency for preparing all necessary documents, submitting them to Ukrpatent and supporting the procedure - 5000 UAH.

Trademark registration in the European Union countries
(Community Trade Mark)

You can register a trademark in the European Union (EU) by filing a single application. This opportunity is provided not only to citizens of the European Union, but also to citizens of other countries (including Ukraine).

Currently, the European Union includes 27 countries: Austria, Belgium, Bulgaria, Great Britain, Hungary, Germany, Greece, Denmark, Ireland, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Finland, France, Czech Republic, Sweden and Estonia.

An application for registration of a trademark (mark) of the European Union is submitted to the Single Administrative Center for the registration of a Trademark of the European Community - The Office for Harmonization in the Internal Market, located in Spain. A trademark valid in all EU countries is called Community Trade Mark (CTM).

Any individual or legal entity who has a permanent place of residence in one of the member countries of the European Union, a permanent establishment in one of the EU countries, or is a resident of a country party to the Paris Convention can register a trademark (sign) in the EU. Since Ukraine is a party to the Paris Convention, any citizen (or company) of Ukraine can register a trademark in EU countries.

Advantages:

• An application for registration of an EU trademark is submitted through a single centralized authority;
• One application allows you to obtain trademark protection in all 27 EU countries;
• An application for registration of an EU trademark is drawn up only in one of the official languages ​​of the European Union and does not require translation into other languages, which allows saving on the cost of translation services;
• Not only a resident of the EU, but also a resident of one of the countries party to the Paris Convention (including Ukraine) can register an EU trademark.

Flaws:

• refusal to register a trademark in at least one EU country means refusal to register a trademark in all other EU countries (we recommend using the procedure for registering a trademark under the Madrid Agreement)

The cost of registering a trademark of the European Union consists of the following payments:

1. Services of our agency – 150 EUR
2. Fee of a European patent attorney - from 200 EUR
3. Fee for filing an application for registration of an EU trademark in 3 classes of the ICLG - 900 EUR

4. Expedited registration of trademarks

11. Other questions

12. Copyright

1. Basic terms and concepts

1.1 Please explain the difference between a trademark and a trademark.

Trademarks or trademarks, as the name suggests, are intended to distinguish the services of one trading company from those of another. However, in the legislation of the Russian Federation there is no concept of a trademark or trade mark. This is due to the fact that the legislation of the Russian Federation uses a more general concept - a service mark - to designate services along with the concept of a trademark (to designate goods), and trade is only one of the types of various commercial services. In Art. Code of the Russian Federation, just as before in the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin of Goods”, except for the name and Article 1477, the words “service mark” are omitted, calling trademarks not only the trademarks themselves, but also service marks. Thus, the concepts of trademark and trademark (trademark) should be recognized as equivalent from the point of view of law. In business, the concepts of trademark and trademark are used quite often, which sometimes leads to misunderstandings when registering property rights.

1.2 What is a logo?

What is not called a logo! Some believe that a logo is a word written in a special font (rightly defining the origin of the term from the Greek logos - word), others believe that logos are emblems - a kind of talking pictures, others call logos any designation (including combinations of words with an image) used by firms in the market. Apparently, everyone is right... But Intellectual Property law uses the term "trademark" to designate goods and service mark for services.

1.3 Slogan - what is it?

1.12 A non-profit organization (does not produce goods or provide services) wants to register its logo, will this logo be considered a trademark? And is it registered in a general manner, or do non-profit organizations have their own specifics?

The logo, if registered with the Patent Office, will be registered as a trademark. If you do not produce goods or provide services, then you do not need to worry about someone else registering your mark in their name. A trademark is registered for specific goods or services, and since this someone will register the mark only for specific goods or services, he will not be able to make claims against you for unauthorized use of the trademark, because You do not produce goods or provide services. It's another matter if you don't want someone else to use your designation for commercial purposes. In this case, it is advisable to register the logo for all 45 classes. The registration procedure in this case is no different.

1.13 Our company has a registered trademark. Can we register some more marks?

Yes, of course, the number of signs for one owner is not limited. For example, a huge number of marks are registered by confectionery factories (each type of candy has its own trademark). Every medicine is also a trademark.

1.14 If I am a private person and I have an IDEA that I want to patent, are there any chances of realizing this and how to proceed?

If the idea concerns patentable objects of an invention, utility model, or industrial design, then they can be registered in the name of an individual. A trademark can only be registered in the name of an entrepreneur or organization. It should be taken into account that, according to Article 1350 of the Civil Code of the Russian Federation, the following are not inventions:

1. discoveries, as well as scientific theories and mathematical methods;

2. decisions relating only to the appearance of products and aimed at satisfying aesthetic needs;

3. rules and methods of games, intellectual or economic activities;

4. programs for electronic computers;

5. decisions consisting only in the presentation of information.

1.15 Can a public organization register its name as a trademark?

Yes, if the organization is registered as a legal entity.

1.16 Please tell me what is the difference between a graphic sign and a trademark? And what if there is a difference between a logo and a graphic sign?

A graphic mark is one of the types of trademarks, just like a logo. The words “logo” and “graphic mark” describe the type of sign, indicating, respectively, that the sign contains verbal elements or consists only of an image, while the concept of “trademark” can describe any designation (including such exotic ones as light or sound), which is intended to distinguish the goods and services of one manufacturer from similar goods and services of other manufacturers.

1.17 What are the prospects for registering a trademark written in Latin if this mark has already been registered in Cyrillic?

The probability of registering such a sign approaches zero, since in this case the signs are phonetically identical, or confusingly similar.

1.18 What is the cost of registering a trademark in St. Petersburg?

The cost of registering a mark for an enterprise located in St. Petersburg is no different from the cost of registration for an enterprise located in Moscow or Yuzhno-Sakhalinsk. To start the procedure and calculate payments, you need to fill out and send the form on our website.

1.19 What is a patent?

A patent is a document of protection that confirms the exclusive right of its owner to an object of intellectual property: an invention, utility model or industrial design.

2. Registration priority. Pre-check of trademarks

2.1 Is it possible to obtain priority for a trademark that has been filed for registration by a competing company?

Yes, indeed, you can get priority earlier than the date your competitors submitted the application; for this you need to fulfill a number of conditions:

1. Your trademark must be presented (on the product) at an official international exhibition

2. Information about the presentation of this trademark at the exhibition must be confirmed by the organizers of the exhibition.

3. No more than 6 months should pass from the date of the exhibition. You can also oppose the registration of their mark or challenge the registration procedure if you have the right to a similar FN or CO.

2.2 We want to register a trademark using exhibition priority. If it turns out that someone submits an application later than us, but has an earlier exhibition priority date, in whose favor will the issue be resolved positively in this case?

Exhibition priority can only be obtained if no more than 6 months have passed since the presentation of the trademark at an international exhibition. If two companies claim exhibition priority, it will be granted to the one whose date of participation in the exhibition is earlier.

2.3 Am I required to check a trademark before registering?

Of course, there is no such obligation. However, we advise our clients to do this so as not to waste money. In addition, if the search results show that a similar mark already exists, you will receive free advice on how to change the mark so that it passes registration.

2.4 Please tell me where exactly I can check the name of the trademark (company).

The name of the company is checked against the register of legal entities. If you are interested in registering a name as a trademark, then the check must be carried out in the database of registered and submitted applications for registration of trademarks. It is better to contact specialists with this problem, since deciphering the results obtained is a very difficult task.

2.5 Is it possible to find out in any way whether a particular trademark is registered or not, without turning to the help of a patent attorney or any departments, at the stage when there is only an idea...

Of course, a preliminary check can be carried out using a pirate database from the “market”, but the quality of the check and the completeness of such a database leaves much to be desired. This database contains only about 50% of those signs that can be opposed to you. The general database of registered trademarks of Rospatent, available on the Rospatent website, also has shortcomings related to the completeness and reliability of the information presented. In addition, even if you find identical or similar signs, this does not mean anything. There are many nuances. If you didn't find anything in the database, maybe you misjudged the similarity of the characters. It is much more correct to contact a specialist, and along with the search result, if the answer is negative, you will receive recommendations for changing the mark in such a way that will allow it to be registered.

2.6 If a “competing company” filed an application to register a trademark a little earlier, will verification reveal this fact?

Yes, when checking a trademark for patent purity, information about the application number and filing date is provided. If you are unsure whether a competing firm has already submitted an application, we will help you get priority on the day of your application.

3. Trademark registration procedure

3.1 How much is the state duty?

The state fee for filing an application for registration of a trademark is determined as the amount of 14,200 rubles + 2,050 rubles multiplied by the number of classes minus one. The state fee for issuing a certificate and entering into the register of trademarks is 16,200 rubles. In addition, there are a huge number of different government duties, including those not related to intellectual property.

3.2 If there is an expedited procedure for registering a trademark, then why doesn’t EVERYONE use this service?

4.6 When we have already submitted an application and we already have a priority right, will no one be able to get ahead of us?

The term "priority right" is not defined anywhere in the law. Submitting a correctly drafted application only guarantees you an advantage at the examination stage over similar or similar applications that will be submitted later. That is, based on the results of the examination, they will be refused registration. But there are still trade names and commercial designations that may interfere with the registration of a mark in accordance with clause 6 of Article 1252 of the Civil Code of the Russian Federation, if the right to them arises before the registration of your trademark.

5. Trademark registration was refused

5.1 We received a refusal to register a trademark. What to do?

First of all, the reasons for the refusal should be analyzed, and best of all with the help of a patent attorney. There are a number of possibilities to challenge the expert's decision. Sometimes, even in completely hopeless situations, a fresh look from a specialist will help you find a way out. Send us your decision to refuse registration - we'll think about it.

5.2 If FIPS refuses to register a trademark, is the fee refunded or not?

The fee is non-refundable as it is a trademark filing fee.

6. Tips for creating, registering and using trademarks

6.1 What is the best way to do it: register a company logo (combined) or try to register just the name and substitute any design depending on the product?

Everything is determined by your desires. If you want to protect your name as a trademark, then the drawing (depending on the product) with which you will accompany your name must be non-patentable, otherwise conflicts with registered trademarks may occur. If you are interested in ensuring that neither your rights are violated nor that you violate anyone else’s rights when using a combined mark, then it is better to register the combined mark. If there is a need to change the figurative part of the trademark for different groups of goods, then I advise you to register separately the name and separately the various figurative elements, since then you will be able to use them separately or in various combinations, as well as dispose of them separately (for example, sell them if they are no longer needed ).

6.2 Our company has a combined logo (the visual part of which is registered, but the verbal part is not, because it was registered earlier). Question: We are entering the European market and want to register the Latin spelling of our logo, what steps should we take?

It is necessary to register a combined mark with Latin spelling in Russia according to an accelerated procedure and, after receiving the certificate, immediately submit an application for international registration. At the same time, Russian priority will remain. This will be faster and cheaper than registering in each individual country.

6.3 If the mark we want to register for food products has already been registered for clothing by others, what should we do?

You should apply for registration as soon as possible, since nothing is preventing your registration so far. By law, a trademark is intended to distinguish the goods and services of one manufacturer from similar goods or services of another manufacturer. In your case, the products are not homogeneous. However, this is not always so obvious. It is best to consult a specialist.

6.4 At what stage of registering a trademark (in this case, the name of a store) can a sign be hung up (advertising, etc.)? Have there been cases where, after 1.5 years of waiting for ownership rights, the applicant was denied it?

Registration of a trademark according to the standard procedure provides for obtaining a Certificate of Registration within 1.5-2 years. The submitted application is granted the so-called “priority right”, which means that whoever submits an application for registration with a similar mark for similar goods or services will be refused registration with reference to the fact that your - earlier - application exists. Of course, submitting an application does not guarantee a positive result. To do this, a preliminary search is carried out for patent purity, as a result of which (in one to two weeks) it becomes clear what result will be obtained in 1.5 years. However, the owner of the mark, who can prohibit illegal use, grant a license to use the mark, sell the trademark, etc. You will be able to register only after receiving a Trademark Registration Certificate. Based on practice, approximately two thirds of marks submitted without verification are completely or partially refused registration. Authorities registering signs in Moscow are usually satisfied with a Notification of acceptance of application materials for consideration. In 2008, a new concept appeared in the law - commercial designation. The right to FGM is obtained in connection with the use and acquisition of fame in a certain territory. In particular, a sign can also be protected as a CO.

6.5 Can a company have a trademark with one name, but carry out documentation under a different name?

A company can have any number of trademarks. For example, signs of PepsiCola, Mirinda, etc. belong to one company, not to mention candy factories or pharmaceutical companies, the number of characters in which can number in the hundreds. In addition, on documentation it is allowed to use another means of individualization - a commercial designation.

6.6 Our company, specializing in printing advertising on plastic bags, wants to register its name as a trademark. If the company logo is made artistically and is part of the legal name, but in letters and documents simply the full legal name is written - then what should be registered?

The answer to this question largely depends on the name itself. But from general considerations, in the case of patentability of parts of a company name, it is better to register both a combined designation with a part of the company name as part of a mark and the name of the company in the form of a verbal trademark.

6.7 Please tell me how to find out whether our trademark is confusingly similar to already registered marks, if part of the word of the trademark (already registered) and our mark, which has been submitted for registration, coincide (example: we have two words written together BEAUTYLINE, do these two words appear separately in registered marks)? In this case, is there a degree of mixing? The classes of ICGS8 also coincide, will there be confusion in terms of homogeneous goods?

The issue of determining confusing similarity is very complex and is determined by many factors, including the general appearance of the marks and the fonts used. In addition, experts have a rather subjective approach to this, and what one expert will accept “without looking,” another will also “cut down without looking.” The coincidence of classes does not mean that the goods are homogeneous, since dissimilar goods are included in one class, for which similar marks can be registered. Thus, each specific case must be considered separately.

6.8 We have several legal entities that are engaged in wood processing (production of goods and provision of services). Can we register a trademark with the words “Centroples group of companies” without registering a legal entity? Is it legal to use the words “Group of Companies” in a trademark?

1. Currently, ROSPATENT does not object to the inclusion of the words “Group of Companies” in the mark without providing independent protection, however, the question arises about the advisability of including such words in the mark.

2. The question of the patentability of the word "CENTROPLACE" requires a more detailed analysis.

3. If the mark will be used by several companies, then it is better to formalize the relationship between them in the form of licensing agreements, which must be registered with ROSPATENT. Without registration, contracts are invalid.

6.9 We are developing a trademark. Initially, the name is created and agreed upon, then, after approval, a graphic solution for spelling the name is developed. In order to avoid taking over the name, would it be correct to first register the phoneme, and then, in a 2nd step, the grapheme, or is it necessary to register both the verbal and figurative designation in one step? If it is possible to register separately, how practical is this and how will this affect the cost?

If the mark is combined, then, indeed, it is better to register separately the verbal part in a standard font design and the figurative part of the mark separately, since when used, there may be a need to use them separately, and the figurative part may, for example, no longer suit you. The cost of registration doubles, but it may prove more profitable later. And yet, if you intend to develop only a special font solution, then additional registration of such a mark seems inappropriate.

6.10 In what classes should I register a slogan used in an advertising campaign? Can a slogan be a trademark, or is it something else?

6.11 Is it possible to register a trademark of a company engaged in trade and procurement activities, and to what extent can it be used?

6.12 I am a cartoonist. What about the images of the characters in my cartoons? Could someone steal the rights to my heroes from me?

Copyright in an image arises at the moment of its creation. It is important to prove the moment of its creation in case of controversial situations in court. For example, if an image is published, the proof will be the print number, so keep all your published works. If the work has not been published, then it can be deposited with RAO and receive a Certificate of this.

6.13 We want to protect ourselves from re-export because... this scheme destroys market prices for products (-20% VAT), as well as, for example, Polish counterfeits. Can we, with a registered technical specification and located in reg. industrial packaging please submit a request to There. Committee on a ban on the import of products with our trademark?

For these purposes, there is a customs register in which the relevant data on intellectual property objects is entered and which puts a barrier in the way of illegal goods. It is worth keeping in mind that only copyrights and already registered trademarks are taken into account. Industrial designs are not entered into the customs register, however, works of design that are the basis for the creation of these designs can be entered into it as objects of copyright.

6.14 Our company has a red logo on a white background. Can you tell me if we can use a negative print (white logo on a red background)? Are there any laws about the use of negativity? Is a logo patentable as a positive and a negative?

The trademark law allows the use of variants of a mark when confirming its use, however, foreign companies (and our largest ones) register all used variants of the mark, including negative ones, and using different colors. In our country, there is an opinion that registration only in black and white is sufficient, since a trademark of any color turns into black and white when photocopied. But, given that progress is making color copies cheaper and cheaper, and that Western companies have significantly more experience in judicial protection of trademarks, you should think about registering all the marks used.

6.15. Is it possible to register a trademark in Cyrillic and Latin scripts at the same time? Are there such options in the newsletters? Or then, after registration, it can only be used in joint writing?

Such a trademark must really be used in its registered form, otherwise the mark may be canceled due to its non-use for three years, because You will need to prove the use of the registered mark.

7. Trademarks on the Internet. Domain names

7.1 Is it possible to register the name of a website that belongs to us as a trademark?

It is not only possible, but also necessary, because... The Civil Code of the Russian Federation, as previously the Law of the Russian Federation “On Trademarks...”, recognizes the use of it as part of an Internet domain name as a violation of the rights of the owner of a trademark, and based on a court decision, the domain name can be transferred to the owner of the registered trademark.

7.2 If you register a trademark and then open a website of the same name, i.e., for example, a registered product “Fanta” and a similar name for the website www.fanta.ru, then the latter does not need to be registered separately?

If you mean that there is no need to register the site as a separate trademark, then yes, it is not necessary, because the www and ru elements, as well as dots, do not have distinctiveness.

7.3 Does our organization, in the case of registering a trademark, have the prospect of obtaining a domain name in the Russian-language zone.ru, reserved by the registrar “for its own needs”?

I think not, since only the use of a mark is a violation of your rights, and if it is reserved, then, therefore, it is not used and cannot be taken away.

7.4 What are the prospects for registering a trademark that looks like “trademark.ru” if the “trademark” has already been registered by another organization?

The likelihood of registering such a trademark is zero, since .ru is an unprotected element and does not increase its distinctiveness in relation to an already registered mark. Such trademarks will be recognized by the examination as confusingly similar.

8. Registration of trademarks abroad. Foreign companies

8.1 How to correctly register a trademark if the copyright holder of the mark is a foreign company, which is also the founder of a Russian company using this trademark?

If a mark is registered for Russia by a foreign company, you can add it to the organization’s authorized capital or register a license agreement for the right to use such a mark. If a foreigner owns a mark only in some foreign countries, then you need to hurry up with registering rights in Russia in the name of a foreign company or a Russian company of which it is the founder.

8.2 A Russian company wants to register a trademark (brand) for use abroad. Is it necessary to register a trademark (brand) in Russia?

If you register a trademark abroad through foreign patent attorneys, the procedure does not require registration of the mark in Russia. However, if you want to register a trademark in foreign countries without contacting foreign patent attorneys (who also have foreign prices for services), then you cannot do without registration in Russia - this is required by the Madrid Agreement. In addition, I would like to draw your attention to the fact that if you supply goods produced in Russia abroad, you may find yourself violating someone’s rights in Russia if your mark is registered by that someone (see Article 1474 of the Civil Code of the Russian Federation) .

8.3 Is it possible to register a trademark in Russia in the name of a foreign company that is not accredited in Russia?

Registration of a trademark does not require any accreditation in Russia by a foreign company. The only requirement for foreigners is to conduct trademark registration cases through a patent attorney.

8.4 Is the cost of registering trademarks and industrial designs different for citizens of the Russian Federation and other countries?

The cost of services for registering trademarks and industrial designs for foreigners (including citizens and organizations from Belarus) in our college does not differ from the same cost for Russians (other patent attorneys often apply different rates in this case). The amount of duties is also the same.

8.5 We would like to allow an organization registered in Mongolia to use our trademark. What kind of agreement should we conclude, is its registration required, and what are the consequences of not registering such an agreement?

You should enter into a license agreement to use the trademark. Such an agreement is considered invalid (and therefore all payments under it) without registering it with the Patent Office. Lack of registration threatens not you, but your partners, since without such an agreement they have no legal basis for using the trademark. If you decide to transfer the right to use a mark in Mongolia, then you must have this right there.

8.6 Please tell me, does international registration of a trademark imply registration in each country separately, or is it possible to register in a whole group of states at once (under favorable conditions)?

International registration under the Madrid Agreement requires filing one application for all countries you are interested in (today there are more than 80 of them). The duty is paid for each country you select. Usually this is an additional 100 Swiss francs per country, but among the countries that have signed only the protocol, there are countries with special appetites.

9. Transfer of rights to use, purchase, sale of trademarks

9.1 I received the rights to the trademark under a commercial concession agreement. I heard that the contract needs to be registered. How to do it?

Yes, indeed, the transfer of a trademark is carried out only after the state registration of the agreement on the transfer of the mark with the Patent Office. Without registration, this agreement is considered invalid. I will, of course, help you.

9.2 Our company was interested in the information (some registered technical specifications). A question arises regarding legal support: what is the difference between a trademark assignment agreement and a licensing agreement?

The difference between the contracts is that under the first the owner of the mark changes, and under the second the owner remains the same, and only the right to use the mark is granted with certain reservations, which depend on the type of license agreement and other circumstances. Under the first agreement, the resulting right can only be challenged in court, and under the second, the right to use can be revoked if the terms of the agreement are not fulfilled or at the request of the parties.

9.3 How can you estimate the real value of a trademark offered for sale? Are there special evaluation criteria?

There are several methods for assessing the value of a trademark, but all of them are extremely rarely used in practice. Usually, when selling a trademark, the price is determined by mutual agreement of the parties. Obviously, the cost of a trademark cannot be less than the cost of registration from scratch, although anything can happen.

9.4 If I register a trademark as an individual entrepreneur, will it (the trademark) remain with me if the individual entrepreneur closes and I am one of the founders of the LLC, or will I have to register the trademark again for the LLC?

Before suspending your activities as an individual entrepreneur, you should transfer the sign to any organization or another individual entrepreneur, because in accordance with Article 1478, only an entrepreneur or legal entity has the right to a trademark. Having registered a trademark while acting as an individual entrepreneur (in accordance with Article 1478), after termination of registration you will lose the right to it. In addition, the law contains a rule on the need to use the mark in relation to the types of activities and goods specified in the trademark certificate. Otherwise, the mark may be canceled at the request of any interested party filed in court. In order to preserve the right to a mark, it should be transferred to the LLC of which you became the founder, or you should not terminate your registration as an individual entrepreneur, taking into account the requirement to use the mark.

9.5 Please explain when joining a legal entity. persons to another legal entity. Does a person necessarily have succession of rights to a trademark?

No, this does not happen automatically. You should make changes to the trademark registration, the basis for which may be an agreement or other documents indicating the transfer of rights or succession.

9.6 How does a concession differ from a license agreement and is there a difference in the execution of the agreement?

The concession agreement provides, along with the transfer of a trademark, the transfer of a set of other rights, for example, regarding the organization of production. Both the license agreement and the concession agreement must be registered with the Patent Office and without such registration are invalid.

10. Examples of registered/unregistered trademarks

10.1 Is it possible to register a trademark consisting of one word “PHOTO”?

No, such a mark cannot be registered, since for photographic goods and photographic services it will indicate the purpose of the product or service, and for other goods and services it will mislead consumers. Imagine: This name has been registered for you. Everyone else can no longer use it. Photography is dying. A word can be registered as part of a combined mark, if it does not occupy a dominant position in it, as an unprotected element.

10.2 Is the trademark Jack Pot a well-known trademark?

"Jack Pot" is more of a special term in game lotteries than a well-known symbol. But this question can only be answered precisely by checking for patent purity, which will show whether the mark is registered in Russia.

10.3 I don’t quite understand, is it possible to register a trademark like “Samara Garden”, “Moscow Chocolate”, etc.?

“Samara Garden” is probably possible, but only for a Samara company, and “Moscow Chocolate” only as an unprotected element in a combined trademark and only for a Moscow company, because indicates the place and type of activity. Another thing is, say, “Moscow joke” - this mark can be registered, but only in the name of a Moscow company. Accordingly, “Samara Polynitsa”, etc. - only for Samara company.

10.4 Is it possible to register a trademark in the form of one word simultaneously in Russian and English, while also taking into account the spelling of this word (font, color, etc.)? For example: “Coca-Cola” and “Coca-Cola” plus a graphic image of the Latin (or Russian) inscription.

Yes, you can. It is possible, under certain conditions, to register a label as a trademark. You just need to remember that you will need to use the mark in a registered form.

10.5 I work in Kursk, I want to produce products - plastic products called "LENPLAST". Is it possible?

Yes, if such a mark is not already registered, although an attempt by the Patent Office to challenge this is possible if such a word exists in the dictionary of abbreviated names.

10.6 Is it possible to register the trademark “World of Computers”? After all, the word “computers” indicates the type of product.

You will be able to register such a mark only as part of a combined mark as an unprotected element if the verbal part does not occupy a dominant position in it. However, it should not be used without preliminary testing, because Previously, the verification requirements were less stringent and such a mark could already be registered. You can become completely protected from the encroachments of other persons by registering these words as part of a combined mark without providing independent protection of the verbal part, which is what I advise you to do.

10.7 Our company produces frozen semi-finished products and wants to register the trademark “Delicious Products”. Is this possible?

Such a sign does not have independent distinctiveness, since it indicates the quality of the goods offered. These words can be registered as part of a combined trademark if they do not occupy a dominant position in it, and, of course, without providing them with independent protection.

10.8 We would like to register a trademark containing a graphic element and two words. One of the words is "Russia". The name of the legal entity of our company does not contain the word "Russia". Can this be done?

Such a mark can be registered; the mark does not necessarily have to contain a company name (for example, the FANTA mark belongs to the Coca-Cola company), but you will need permission from the competent authority, for example, the heraldic commission under the President, the government or the Duma, to use the word “Russia” as part of the mark . I would like to note that no such requirements have been established for KOs, and this means of individualization can be used.

10.9 Is it possible to register a trademark in color and black and white and with the same letter designation for use in two versions depending on the field of application?

Marks are registered for specific goods or services. Registration in color automatically protects you from infringement by those using similar black and white markings, since such marks will be similar. And vice versa. In your case, you need to register two marks for different areas of application.

10.10 Can an enterprise use a media name that is already patented as the name of a television channel, but not registered as a media name, and will it be a violation if the media is already registered, and it later turns out that such a name is patented?

Registration of a trademark gives its owner the exclusive right to use or prohibit others from using that mark in connection with similar services or goods. Thus, registration of media carried out in violation of the rights of the owner of the registered trademark must be canceled, because violates his rights.

11. Other questions

11.1 We want to buy a trademark. What help can you provide in resolving this issue?

If you have already decided on the mark you want to buy, and if you have received the consent of the owner of the mark, then we will help you draw up a set of documents necessary to register the assignment of the mark or license, submit it to the Patent Office, and conduct business on registering the agreement. If you have chosen a trademark from the signs for sale presented on the page, we will forward your proposal to the seller and will also help in preparing the documents. We suggest that sellers of trademarks use the same page to post information about the trademarks they sell.

11.2 What percentage does the author receive for introducing his invention into production?

There is no legally established percentage; it is determined by the agreement on the transfer of the right to the invention.

11.3 On http://www.artlebedev.ru/studio/ an international trademark registration sign is shown (the Latin letter “R” in a circle) and it says “Artemy Lebedev” - a trademark registered in Russia and other countries. Question: does this not contradict the law of the Russian Federation “on trademarks” and the amendments made to this law of December 11, 2002, 166-FZ, article 6, paragraphs 1 and 3? This letter is also on your website. How should we feel about this? And also the RF LAW ON COPYRIGHT AND RELATED RIGHTS of July 9, 1993 N 5351-1 (as amended by the Federal Law of July 19, 1995 N 110-FZ) Article 36. 4. The producer of a phonogram and the performer have the right to use sign of protection of related rights, which is placed on each copy of the phonogram and (or) on each case containing it and consists of three elements: the Latin letter “R” in a circle; Doesn't this contradict "public interests and moral principles"?

In this case, the letter R obviously says that the phrase ARTEMY LEBEDEV is registered as a trademark. Our website shows an image stylized as a sign of international protection for intellectual property (and not the mark itself). But please pay attention:

1. The circle is not completed, which symbolizes the process of registering a trademark or other intellectual property object, carried out with our help.

2. a special font was used, which is similar to the international Internet addressing sign @, which symbolizes the close connection between intellectual property and the Internet, where you found our site.

In these two cases, no contradiction arises since the signs are used lawfully. This is confirmed by Rospatent, which registered our trademark.

11.4 Is it possible to show trademarks of other companies in an advertising video of one company (of course, indicating the owners of these marks)?

It is possible, under certain conditions. The use of trademarks should not cause damage to the owners of the marks, including image ones, otherwise lawsuits may arise from the owners. It is best to obtain a letter of consent from the trademark owner before releasing the video, or even before creating it. Maybe they will even take part in its formation.

12. Copyright

12.1 If I, as a physical person. person, I am the AUTHOR of a graphic image, drawing, slogan (phrase), then can anyone register my work as a TRADEMARK without my consent?

Of course, such registration of a graphic image or drawing created by you is a violation of your personal right as an author. If your work is already widely known, the Patent Office will require you to present documents confirming your consent to such registration, otherwise you will need to prove in court that it was your image that was used and demand fair compensation or cancellation of the mark. In relation to a slogan, copyright is usually not applicable, since it is quite difficult to call a slogan a work, and copyright regulates relations arising in connection with the creation and use of works of science, literature and art.

INTERESTING FACTS ABOUT MAIL
In which state is mail addressed not by streets and house numbers, but by their descriptions?
In Costa Rica, all navigation and mail correspondence is carried out according to descriptions like “150 meters west of McDonald's” or “200 meters on the left side of the church, red house with black bars.” The most difficult landmarks for visitors are those that rely on shared memory, such as "In front of the former American Embassy." Recently, the government launched a program for naming streets, but local residents still cannot get used to these names.

Which state has long received most of its revenue from the sale of postage stamps?
The Kingdom of Bhutan gained full independence from Britain in 1949, but did not have its own post office until 1962. When it appeared, American businessman Bert Todd, who became an adviser to the king and contributed greatly to the modernization of this state, proposed betting on postage stamps. Bhutan was the first in the world to issue many unusual stamps - stereoscopic, with a smell, on steel foil, bas-relief stamps and even gramophone record stamps. They were printed in quantities far in excess of domestic needs, and were intended for collectors around the world, among whom they enjoyed deserved popularity. In the 1970s, the sale of stamps was Bhutan's largest source of income.

What French writer could receive letters that did not contain a street or house number?
During his last years, the writer Victor Hugo lived in a mansion on a Parisian street, which during his lifetime was called Avenue Victor Hugo. As a return address on the letters, the writer simply indicated: “Monsieur Victor Hugo on his avenue in Paris.”

Where can I send a letter through an underwater mailbox?
On one of the islands of the Pacific state of Vanuatu, 50 meters from the coast there is an underwater postal station. Having purchased a special waterproof envelope in advance, divers can put the letter in the mailbox or give it to the postman on duty, sitting at the counter in diving equipment. Underwater mailboxes can also be found in Japan, Malaysia, the Bahamas and other resorts.

How was the largest diamond in the world delivered from South Africa to England?
The largest Cullinan diamond, weighing 621.35 grams, was found in South Africa in 1905. The Transvaal government decided to present the find to the English King Edward VII, but due to the very high value of the diamond, the question arose of how to safely deliver it to London. As a result, it was decided to stage Cullinan’s transportation on a steamer with a large number of guards in the captain’s safe, and the real stone was sent as an ordinary parcel.

Why did one American mail 80,000 bricks in small parcels?
The American Postal Service began offering domestic parcel delivery in 1913. Three years later, a businessman from Vernell, Utah, calculated that this was the cheapest way to deliver building materials over long distances. He sent 80,000 bricks in small parcels, each individually wrapped, to his city 676 km away to build a bank. Having completed the order, the postal department immediately set the daily limit of parcels per person at 91 kg.

Where and when did they try to deliver mail using rockets?
With the rapid development of modern rocketry, many projects were proposed to use rockets for the rapid delivery of mail. In the 1930s, enthusiasts developed such programs in Germany, Great Britain and even India. In 1959, the American postal service successfully launched a missile with a nuclear warhead replaced by a special mail container from the submarine Barbero, and already in the 1990s, the Russian military sent mail from submarines across the country several times. Despite all these attempts, this technology has never been and is unlikely to be used en masse due to its relative high cost.

Which company constantly keeps several empty planes in the air and why?
The cargo company FedEx Express operates the world's largest fleet of cargo planes - today there are more than 650 of them. To quickly respond to emerging excess transportation demands, FedEx constantly keeps several empty planes in the air.

What two characters made up the shortest mail correspondence in history?
Victor Hugo, while on vacation in 1862, wanted to know about the reaction of readers to the newly published novel “Les Miserables” and sent his publisher a telegram consisting of one character “?”. He sent a telegram in response, also with one sign - “!”. This was probably the shortest correspondence in history.

In which country is the oak tree located that has its own postal address?
At the end of the 19th century, a German forester forbade his daughter to see her boyfriend. The couple began exchanging love notes through the hollow oak tree, and soon the forester, seeing the futility of his prohibition, allowed the young people to get married, and the wedding was celebrated under this tree. Over time, popular rumor spread the news about the oak tree, to which people who wanted to find their soulmate began to send letters, first from Germany, and then from other countries of the world. The tree even acquired an official postal address: Brautigamseiche, Dodauer Forst, 23701 Eutin, and anyone can read all the messages that the postman brings to it, and then respond to them. Over the entire existence of this dating service, more than 100 marriages have been concluded.

Why did people in 19th century England write letters, writing all over a piece of paper?
In the 19th century in England, the postal rate was calculated based on the number of sheets of paper. Therefore, to save money, letters were often sent without envelopes - the recipient's address was written on a folded piece of paper. And in order to fit more text, they often resorted to the so-called crossed letter, when, when reaching the end of the page, they turned it 90° and wrote new lines across the written ones.

What is hidden in the company logo
The FedEx delivery service logo has a hidden element: between the letters E and x, the empty space forms an arrow. According to logo designer Lyndon Leader, this arrow should associate the company with high delivery speed on a subconscious level.

Which city still uses a pneumatic mail system to this day?
Since the mid-19th century, pneumatic mail has become widespread in many large cities in Europe and America. The post office stations were connected by underground pipes in which capsules with letters were moved using compressed or rarefied air. Gradually, with the development of new technologies, pneumatic mail systems were closed. The last of them operated in Prague before the 2002 flood, although they are now rebuilding it.

How did NASA insure the lives of lunar astronauts if insurance companies refused to do so?
When NASA was preparing to launch lunar missions, not a single insurance company would undertake to insure the lives of the astronauts, since the risks were too great. To compensate the families of astronauts for expenses after the possible death of the latter, NASA issued special postcards on which crew members signed just before departure. If any of the astronauts had died, their families could have sold the cards to collectors at a good price, but all lunar flights from Apollo 11 to Apollo 16 ended up without casualties.

What artist saved money on mailing letters by simply drawing stamps on envelopes?
The artist Vladislav Koval sent letters to his family while studying in Moscow. At the same time, he did not stick stamps on the envelopes, but drew them, and all the letters arrived in this form. When the Ministry of Press announced a competition for sketches of new stamps, student Koval brought a pack of envelopes to the organizers and became the winner.

Where and when did the government job of uncorking ocean letter bottles exist?
In the 17th and 18th centuries in England there was a position of royal uncorker of ocean bottles with letters. Anyone else who opened the bottles on their own faced the death penalty.

Where did the expression “it’s in the bag” come from?
In the old days, messengers delivering mail sewed very important papers, or “deeds,” into the lining of their caps or hats so as not to attract the attention of robbers. This is where the expression “it’s in the bag” comes from.

Which museum keeps a collection of postcards sent by visitors to this museum?
One of the museums in Wuppertal, Germany, houses a collection of several thousand postcards depicting the same landscape, but decorated with stamps from many countries. Each museum guest is given a blank postcard by the museum staff with a request to send it back after returning to their homeland.

Which country has the right not to sign its postage stamps?
Any postage stamp must bear the name of the country that issued it in Latin letters. If the name is not found, it means it is a UK stamp. It is exempt from this obligation as the first country in history to use stamps.