Who it is for
Chinese companies whose Russian application received an office action, holders of Madrid registrations refused in Russia, and IP agencies in China that need a Russian attorney.
What you get
An analysis of the grounds, a reasoned reply filed with Rospatent and a report on the decision.
Cost and timing
From CNY 1,000, depending on the grounds. Send the notice as soon as it arrives: the deadline runs from the date it was sent.
Two kinds of Rospatent objections
- Office action on a Russian application. Rospatent issues it during substantive examination when it doubts that the mark can be registered (Russian Civil Code, Art. 1499). Arguments filed within 6 months of the notice are taken into account (Art. 1499(3)).
- Provisional refusal of an international registration. If you designated Russia under the Madrid system through CNIPA, Rospatent examines the mark under Russian law and may notify WIPO of a provisional refusal. The holder replies to Rospatent through a Russian patent attorney within the time limit stated in the notification.
Common grounds and how to answer them
| Ground for refusal | Possible answer |
|---|---|
| An earlier similar mark for identical or similar goods (Art. 1483(6)) | Arguments that the marks or goods are not similar, narrowing the list of goods, a consent letter from the owner of the earlier mark, or early termination of an unused earlier mark (Art. 1486) |
| Descriptive word or lack of distinctiveness (Art. 1483(1)) | Arguments about how Russian consumers perceive the word and, where possible, evidence that the mark has acquired distinctiveness through use |
| The mark may mislead consumers (Art. 1483(3)) | Clarifying the list of goods or the element of the mark that raises doubts |
| Unclear or too broad wording of goods (common in lists translated for the Madrid system) | Rewording the goods as Rospatent requires, without widening the scope |
How the work goes
- You send the notice
The notice itself and the application or international registration number. A scan or a link from WIPO Madrid Monitor is enough.
- I assess the grounds
I tell you what Rospatent objects to, what the chances are and which answers are possible, and I quote the exact fee before you pay.
- We agree on the strategy
Arguments, narrowing the list of goods, a consent letter from the owner of the earlier mark or a combination.
- I prepare and file the reply
A reasoned reply in Russian with evidence. I send you a summary in English.
- I track the decision
I tell you Rospatent's decision and, if the refusal stands, what can be done next.
For IP agencies in China
If you file Madrid applications for your clients, I can act as your Russian associate: replies to provisional refusals, consent letters and follow-up at Rospatent. Terms for regular work are agreed individually.
How much a reply costs
| Service | Service fee |
|---|---|
| Reply to an office action on a Russian application | from CNY 1,000 |
| Reply to a provisional refusal of a Madrid designation | from CNY 1,000 |
| Applications filed under the full registration service | included |
The exact fee depends on the number of grounds and opposing marks; I quote it after reading the notice, before you pay.
Questions about office actions
Can a Chinese company reply to Rospatent itself?
No. Foreign companies and citizens permanently residing abroad conduct their affairs with Rospatent only through a Russian patent attorney (Russian Civil Code, Art. 1247(2)). This also applies to provisional refusals of Madrid designations.
What is the deadline for the reply?
For an office action on a Russian application, arguments are considered if filed within 6 months of the notice (Art. 1499(3)). For a provisional refusal of a Madrid designation, the time limit is stated in the notification. In both cases it is best to send me the notice right away.
What happens if I do not reply?
A Russian application may be refused or deemed withdrawn. For a Madrid designation, the refusal becomes final and the mark is not protected in Russia.
Is the reply included in the full registration service?
Yes. If I filed your Russian application under the full registration service, every reply to the examiner is included. Replies for filing-only applications and for Madrid designations are paid separately, from CNY 1,000.
How do I pay from China?
Against an invoice in Chinese yuan (CNY) by international transfer. The contract is in Russian or English.