WELL-KNOWN TRADEMARK

Rospatent makes the registration of well-known trademarks on the basis of Article 1508 of the Russian Federation Civil Code. According to the Article such notation must meet three requirements: to be used extensively in Russia, to be known to a wide range of consumers of the respective goods at the moment of registration and to be strongly associated with the applicant’s name.

In order to find out the prospective outcome for the registration of your trademark as a well-known one, please contact us for a free evaluation.

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We will provide you with guidelines on how to obtain the status of a well-known trademark and will assist in preparing the body of evidence.

WHY SHOULD YOU REQUIRE A WELL-KNOWN STATUS FOR YOUR TRADEMARK?

Possession of well-known status of a trademark facilitates the protection activities for such trademark and makes the financial stand of a company stronger. The advantages that a well-known trademark enjoys are:
1. Protection in all grades of the International Classification of Goods and Services with retrospective possibilities.
2. Compensation or the possibility of termination of protection of a similar notation.
3. Reduced expenses for extension of rights, restyling and rebranding activities.
4. Twice as many cases won by the well-known trademarks owners.
5. Effective against counterfeiting and unfair competition.
6. Increased value of a company when selling it.
7. Opportunity for extra publicity of the trademark through its mass media coverage.

RECOGNITION OF A TRADEMARK AS WELL-KNOWN

When registering a trademark as a well-known one, Rospatent is guided by the “Regulations for recognition of a trademark as well-known in the Russian Federation”. These Regulations list the data that can be presented by an applicant to confirm the well-known status of a notation.

The experts consider the results of a consumer survey as major proof amongst others. Sociological research is compiled according to the procedures approved by Rospatent. Therefore, the data obtained considered as an objective point of view of the market and raise no doubts about their reliability. The Regulations stipulate that a consumer survey should be carried out by a specialized independent sociological organization. The Sociological Examination Laboratory of the Institute of Sociology of the Russian Academy of Sciences is the major sociological institution in Russia.

The Sociological Examination Laboratory has developed a special programme for the researches of well-known trademark:

• free-of-charge check-up of the extent of well-knownness, safeguarding you from the financial risks;
• free support for the results of research/survey presented to any authority;
• team-based support provided by several research agencies;
• discount of up to 70% for a research activity depending on the programme involved;
• ready-to-use retrospective data for a variety of trademarks;
• detecting associations between a trademark and a manufacturer even in complicated cases;
• co-operation with a governmental organization.

Examples of using sociological research as evidence in lawsuits relating to the well-knownness of trademarks:

You can find more examples of cases, where the results of sociological research was used as proof of confusing similarity here, by telephone, or request them through our “Ask a question”.

We undertake the responsibility to ensure the results that you seek.

For questions please call (Tel.) 8-800-500-97-95
or inquire by e-mail: info@socexpertiza.ru.