Foreign manufacturers planning to set up production lines for their goods in Russia or to import their goods produced elsewhere may like to consider what protection can be obtained here for their trademarks, since the ability to produce convincing copies is rapidly developing.


The Russian law "On Trademarks, Service Marks and Marks of Origin," in force since October 1992, provides protection for trademarks registered with the Russian Committee for Patents and Trademarks (Rospatent) or covered by international treaties. A trademark is defined as a designation capable of distinguishing goods and services of one legal entity or individual from similar goods and services of another legal entity or individual.


If a foreign legal entity applies to register a trademark, it must do so using a registered Russian patent attorney. The application includes:


?a petition containing the name and address of the applicant and the request for registration;


?the mark, for example a photograph or print, and a description in color if a color registration is required;


?a list of the goods to which the trademark will apply, classified by international standards.


Once the application has been filed, it goes through a formal examination and an expert assessment of compliance with the trademark law. A trademark registration is valid for 10 years from the date on which the application was received, but this period can be extended. On the other hand, if the trademark is not used within five years it can be cancelled.


The proprietor of a trademark can license its use by others, but the license agreement must state that the goods for which the trademark is used shall not be inferior in quality to the proprietor's goods, so as not to devalue the mark, and the agreement must be registered with Rospatent.The rights of the proprietor are breached by any unauthorized entity that manufactures, uses, imports, offers for sale, or stores goods bearing the trademark or a mark which is so like the trademark that it might be confused with it. The proprietor of a registered trademark may add a warning mark to his goods, but it is a criminal offense to do so if the goods are not registered.


This is a fairly well-developed area of the law, but enforcement is lacking. There is a Supreme Patent Chamber, but its function is limited to internal matters, such as appeals against a refusal of registration. Disputes can be heard by the civil courts and remedies can include damages for loss and destruction of goods, but there is no injunction to prevent continued breaches.





Marcia Levy, an attorney with Norton Rose, has been practicing law in Moscow for three years