Quite often it happens that one hundred percent of the copyright trademark created by the entrepreneur or the specialists hired by him is already in the databases of Rospatent. But … as the property of a completely different organization.
Instructions
Step 1
Before submitting the final package of documents for registration of a trademark, check it for similarity and identity with those already registered or awaiting registration with Rospatent. This procedure is necessary so that you can find out in time whether your trademark (or similar to it) is not in the database of this organization.
Step 2
If your trademark has already been registered, then you will receive a refusal to register your designation and obtain rights to it. Please note: if you have used a trademark similar to yours, owned by another owner, in your business, then this may become the basis for the application of various sanctions against you. So, for example, you will be required to indemnify for all damages associated with the unauthorized possession and use of a third-party trademark.
Step 3
However, the check of a trademark can also be preliminary (that is, before the submission of all other documents for its registration). To do this, apply for a preliminary check with Rospatent and pay for the services of this department. Such a check is carried out in a period of 7 to 14 days (depending on the urgency and cost of the order) together with FIPS.
Step 4
Place an order for a preliminary check of your trademark, deposit the specified amount on the account of Rospatent. Upon expiration of the verification period, you will be provided with a report on your trademark. If such a mark is already in the databases of Rospatent, then for an additional fee the specialists of this department will cancel it, if it is already in the documents of your organization, but has not yet been put into operation.
Step 5
Be careful: numerous firms, whose addresses you can find on the Internet or offline, may offer you to carry out a check in a shorter time frame (sometimes even within 1 day), but their databases either contain incomplete information about trademarks (excluding marks waiting to be registered) or do not exist at all.
