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Madrid System

The Russian Federation is a Contracting State of the two main international agreements of the Madrid system:

  • Madrid Agreement Concerning the International Registration of Marks - 25 December 1991 as a successor to the Soviet Union (USSR - July 1, 1976);
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks - 25 December 1991 as a successor to the Soviet Union (USSR - July 1, 1976).

Federal Institute of Industrial Property (FIPS) carries out a work connected with sending applications for the international registration of trademarks to the International Bureau of World Intellectual Property Organization, as well as conducting examination of the international application for the provision of legal protection in the Russian Federation.

The procedure of filing the application for the international registration of a trademark is regulated by the international agreements, such as the Madrid Agreement Concerning the International Registration of Marks, Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (in force on September 1, 2009), Administrative Instructions for the Application of the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating Thereto (in force as of January 1, 2008), as well as the International Registration of Marks.

FIIP carries out reception of applications filed for the international registration of trademarks, to check them for the compliance with the requirements for sending them to the International Bureau of World Intellectual Property Organization.

Note the following information concerning the procedure under the Agreement and the Protocol of grant of protection to the International Registration of Marks оn the territory of the Russian Federation.

The time limit of examination of the International Registration of Marks оn the territory of the Russian Federation is twelve month (one year) from the date on which the International Bureau has notified the international registration or the subsequent designation to the Office of the designated Contracting (date of notification).

Examination procedure includes absolute and relative grounds.

As a result of examination the Office of the Russian Federation (ROSPATENT) send to the International Bureau of the World Intellectual Property Organization statement of grant of protection or notification of the provisional refusal based on any grounds that are supported by a provision of the Paris Convention, or that are not prohibited by a provision of the Convention and accordingly the Russian Trademark Law (article 1483 of the Civil Code of the Russian Federation Part IV). Any such refusal will generally be subject to review or appeal, depending upon the laws and practice of the Russian Federation. Time limit for Responding to provisional refusal is six month from the date of the notification of provisional refusal.

For reviewing of provisional refusal the holder of international registration has the right to present arguments to overcome grounds of refusal which have been indicated in notification of provisional refusal and only through the representative registrated patent attorney (In Russian) of the Russian Federation accordingly with the article 1247 item 2 of Civil Code of the Russian Federation Part IV.