You Need to Register a Trademark
You have a name, logo or another brand designation and need to assess registration risks, determine the list of goods and services and prepare an application.
BRAND • CONTENT • SOFTWARE • TECHNOLOGY
Intellectual Property Protection
We protect trademarks, copyright works, software, designs, developments and other results of intellectual activity. We help establish rights, register protected subject matter, prepare agreements and protect businesses against unauthorized use or claims brought against them.
We first determine what protected subject matter exists and who owns the rights to it. Only then do we choose registration, contractual or litigation protection.
WHEN A LAWYER MAY BE NEEDED
What Is Your Situation?
Rospatent Does Not Accept the Designation
You have received a notice, request or decision preventing registration and need to assess the grounds for the authority’s position and possible next steps.
A Competitor Is Using Your Brand
Another business is using a similar designation in advertising, on a website, product, packaging, marketplace or other commercial materials.
Your Content or Design Was Copied
Texts, photographs, videos, graphics, design elements, software code or other protected works are being used without permission.
A Domain Name Dispute Has Arisen
A domain contains a designation associated with your brand, or claims have been brought against you because of a domain name you use.
You Need to Assign or License Rights
An assignment of exclusive rights, a license or another agreement governing use of intellectual property needs to be prepared.
Rights to the Work Product Were Not Properly Documented
A website, design, software product, content or another result was created by an employee, contractor or developer, but the documents do not clearly establish who owns the exclusive rights.
An IP Infringement Claim Has Been Brought against You
A rights holder demands that you stop using the subject matter, remove materials, pay compensation or satisfy other claims, and the legal basis of those claims needs to be reviewed.
Nikolay NemkovManaging Partner, Konsultant Law Firm
Managing Partner’s Commentary
Nikolay Nemkov on Protecting Intellectual Property Rights
Why an IP dispute starts not with the question “who came up with it first,” but with identifying the specific protected subject matter, the rights holder, the legal basis on which the rights arose and evidence of use.
Key Points
- 01What exactly is protected subject matter
- 02Who owns the exclusive rights
- 03How infringement or lawful use is proven
APPROACH
Identify the IP Asset and the Right First. Protect It Second.
Intellectual property is not one universal type of asset. Trademarks, copyright works, software, inventions and domain disputes are governed by different rules on how rights arise, how they are documented and how they are protected. The first step is therefore to identify the protected subject matter, the rights holder and the legal basis of the claim precisely.
01
Protected Subject Matter
We determine exactly what needs protection: a designation, copyright work, software product, technical solution, design or another result.
02
Rights Holder
We determine who owns the exclusive right and which documents confirm how it arose or was transferred.
03
Use
We establish who is using the protected subject matter, where and how, and whether that use requires the rights holder’s consent.
04
Protection Route
We determine the appropriate route: registration, an agreement, a pre-trial claim, work with Rospatent, litigation or defense against claims brought against the client.
WHAT WE DO
What Intellectual Property Protection Includes
IP Rights Audit
We identify the business’s intellectual property assets, current rights holders and the documents confirming ownership of the rights.
Trademarks
We review the designation, prepare registration materials, support communications with Rospatent and handle disputes related to registration.
Copyright and Digital Content
We work with rights to texts, photographs, videos, designs, software code, websites and other copyright works, including cases of unauthorized copying.
Software and Databases
We review the legal chain through which a software product was created, relationships with authors and developers and, where appropriate, support state registration of a computer program or database.
Patentable Subject Matter
We handle legal matters involving inventions, utility models and industrial designs, including establishment and protection of exclusive rights.
Intellectual Property Agreements
We prepare and review exclusive-right assignment agreements, license agreements and documents with authors, employees, developers and contractors.
Claims and Disputes
We develop evidence and the legal position for a rights holder or defendant, conduct negotiations, prepare pre-trial claims and handle administrative and court protection.
WHAT WE PROTECT
Intellectual Assets of a Business
Trademarks
Names, logos and other designations used to distinguish goods and services.
Copyright Content
Texts, photographs, videos, graphics, designs and other copyright works.
Software and Databases
Programs, software modules, interfaces and databases, taking into account the specific subject matter of legal protection.
Digital Rights and Assets
Software, databases, websites, digital content and domain disputes, depending on the specific protected subject matter and legal basis of the right.
PRACTICE
Results in Real Cases
RUB 5 million
Recovered the Statutory Maximum of RUB 5 Million for Patent Infringement
The court found infringement of the exclusive right to an invention, prohibited further use of the technology and awarded the maximum compensation provided by law — RUB 5 million. After the dispute concluded, the client actually received the awarded amount.
View All Cases
Konsultant Law Firm
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
Since 2007
in legal practice
1,000+
court proceedings
Across Russia
Krasnoyarsk • Moscow • other regions
The Law Protects a Specific Right, Not an Abstract Idea
Businesses often say, “our idea was stolen.” That alone is not enough for legal protection. The specific protected subject matter must be identified: a trademark, copyright work, software product, patented solution, design or another result, and the right to it must then be established.
The earlier a business documents its intellectual assets, the easier it is to structure licensing and transactions, protect against copying and build a legal position if a dispute arises.
How We Start Working on the Matter
01Identify the Protected Subject Matter
A name, logo, text, photograph, software program, design, technical solution, domain name or another result.
02Review the Rights
We determine the author, rights holder, agreements, registrations and other documents establishing the client’s legal connection to the protected subject matter.
03Define the Task
Registration, assignment, licensing, infringement, a claim, a Rospatent refusal or an existing court dispute.
04Recommend the Protection Route
We determine the required documents and legal route based on the type of protected subject matter, the current stage and the client’s commercial objective.
MANAGING PARTNER
Konsultant Law Firm Lawyers
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
TRADEMARK
Registration Is More Than Obtaining a Certificate
Before an application is filed, the designation itself needs to be reviewed, the goods and services requiring protection need to be defined and existing designations that may prevent registration or create a risk of future conflict need to be assessed.
The exclusive right to a registered trademark lasts for ten years from the filing date of the application. At the rights holder’s request, it may be renewed for further ten-year periods repeatedly.
COPYRIGHT
Not Every Intellectual Asset Requires Registration
As a general rule, state registration is not required for copyright to arise or be exercised in a work. In a dispute, evidence of creation, the date the work appeared, authorship, transfer of exclusive rights and unauthorized use is therefore especially important.
The law provides for optional state registration of computer programs and databases. Such registration may be used as one element of documenting and confirming information about a software product, but it does not replace properly drafted agreements with authors and developers.
Paying for Development Does Not Always Answer Who Owns the Rights
If a logo, website, design, software program or another asset was created by an employee, studio, freelancer or contractor, it is necessary to determine separately who owns the exclusive right and what exactly the parties documented.
An agreement with a developer should therefore regulate not only the price and work product, but also use of the intellectual property created, transfer of the required rights and the documents confirming performance of those provisions.
Questions about Intellectual Property Protection
Is copyright registration mandatory?
No. As a general rule, state registration is not required for copyright in a work to arise or be exercised. In a dispute, evidence of the work’s creation, authorship, when it appeared, transfer of the exclusive right and use by another person is therefore especially important. State registration is available for computer programs and databases.
How long does the exclusive right to a trademark last?
The exclusive right to a trademark lasts for ten years from the filing date of the application for state registration. At the rights holder’s request, the term may be renewed for another ten years, and such renewal may be repeated.
Can a trademark application be filed without a preliminary review?
An application can technically be filed, but before filing it makes sense to assess the designation itself, the list of goods and services and existing protected subject matter that may create obstacles to registration or a future conflict. A preliminary review does not guarantee registration, but it helps identify some legal risks in advance.
What should be done if Rospatent refuses trademark registration?
The specific grounds for the decision and the application materials need to be reviewed. The availability and procedure for further challenge depend on the type of decision and current stage. In some situations the issue concerns arguments and evidence regarding the designation; in others, an administrative or judicial procedure provided by law may be required.
Can compensation be recovered for unauthorized use of intellectual property?
For certain types of intellectual property, the law provides specific remedies, including a claim for compensation instead of damages. Whether such a claim is available, the grounds for liability and the amount claimed depend on the specific protected subject matter, the type of infringement, the evidence and the circumstances of the case. Similarity or copying alone does not mean that any amount claimed will automatically be awarded.
Who owns the rights to a website, logo or software created by a contractor?
There is no universal answer. The type of asset created, the author, the terms of the agreement, whether the work was created in the course of employment or on commission, the provisions on exclusive rights and actual performance of the agreement all need to be assessed. Payment for the work alone should not be treated as the only evidence that all intellectual property rights belong to the customer.
Can a brand be protected against a similar domain name?
A domain dispute requires analysis of the rights to the designation, the domain name itself, the way it is used, the parties’ activities and other circumstances. A trademark may be highly relevant, but the outcome is not determined solely by matching individual words. The legal basis of the claim should first be identified and evidence of actual use of the domain collected.
We Will Determine What Exactly Needs Protection
Describe the asset and the task: what belongs to you, how the rights arose and what is happening now. If you have registration documents, an agreement, a claim, a Rospatent decision or evidence that another person is using the asset, mention this in the description.