FAQ for Rights Holders
What measures should be taken to protect a trademark?
First and foremost, you should ensure proper registration of your trademark and monitor its validity period. In the Russian Federation, only a valid and properly registered trademark can be legally protected. You can verify the registration status using the public FIPS (Federal Institute of Industrial Property) database.
Include your trademark in the product description on marketplaces. This should feature your logo, brand name, and a rights warning (e.g., "Trademark," "Registered Trademark").
Conduct regular monitoring of marketplaces (Wildberries, Ozon, Yandex Market) for unauthorized use of your trademark. Counterfeit goods are typically priced lower than originals. They may also look different, and the country of manufacture in the description is often listed as "China" or another country.
Inform customers on how to distinguish genuine products from fakes by posting guides on your official website and social media channels.
When entering into license agreements or other contracts, the rights holder should conduct thorough due diligence on the counterparty.
Is it necessary to register a trademark in every country where the product is sold?
Yes, a trademark is protected only in the countries where it is registered. If your product is sold in multiple countries, it is advisable to register the trademark in each of them individually or to use an international registration system (such as the Madrid System).
Is the distribution of original goods without my permission considered an infringement?
Under Article 1487 of the Russian Civil Code and paragraph 16 of Appendix No. 26 to the Treaty on the Eurasian Economic Union (2014), it is not an infringement of the exclusive right to a trademark if the goods were introduced into civil circulation within the EAEU territory directly by the rights holder or with their consent. In other words, reselling original goods that you have already placed on the market is not a violation. However, distributing original goods outside the EAEU territory, where a registered trademark exists, would constitute an infringement.
Who is considered an infringer of my intellectual property rights?
Generally, it is easier to identify the end seller of counterfeit goods and file a claim against them. However, if goods are illegally marked with your trademark, all parties in the supply chain can be held liable. Moreover, even the marketplace itself is not exempt from liability if it fails to take action to stop the violation—for example, by not removing a counterfeit listing or not banning a seller's account for repeated counterfeiting offenses.
Nevertheless, under paragraph 8 of Article 1252.1 of the Russian Civil Code, the court may find all participants in the supply chain jointly and severally liable. In such cases, compensation is calculated for the chain as a whole, and the rights holder can recover the total amount from any of the infringers.
What claims can I bring against an infringer of my intellectual property rights?
Under Articles 1515 and 1252 of the Russian Civil Code, the rights holder may demand:
Cessation of the offer for sale of the goods bearing the trademark (if sold on a marketplace, removal of the product listing).
Seizure or destruction of the counterfeit goods, along with proof of such destruction.
Compensation for losses caused by the illegal sale of goods marked with the rights holder's trademark.
Payment of statutory compensation.
I have found a counterfeit product. What are my next steps?
Document the infringement: Conduct a test purchase and take screenshots (if the product is sold on a marketplace).
Send a pre-trial claim to the infringer, detailing the violation and stating your demands.
Initiate legal proceedings if an amicable resolution is not possible.
Can I send a pre-trial claim via email?
Yes, if that email address is listed in the infringer's official registration records (USRLE / USRIP). However, if a physical mailing address is also available, it is advisable to send the claim there as well for good measure.
How should I document the infringement?
To document an infringement on a marketplace, take screenshots (ensuring the search bar and creation date are visible) using your operating system or a specialized evidence-capturing service like Webjustice. For proof of sale—both on marketplaces and in physical stores—conduct a test purchase, recording the purchase/receipt process with photos or video, and keep the receipt.
How can the marketplace help me?
Most marketplaces (e.g., Wildberries, Ozon) have intellectual property protection policies. After filing a complaint with a description of the violation, they will conduct an investigation. If the violation is confirmed, the counterfeit listing will be removed, and the seller's account may be banned. Under the law, the marketplace, as the platform operator, is obligated to assist rights holders in stopping illegal activities.
How do I calculate compensation?
There are two models for calculating compensation under Article 1515 of the Russian Civil Code:
Under subparagraph 1: Compensation is determined at the rights holder's discretion (ranging from RUB 10,000 to 10 million).
Under subparagraphs 2 and 3: Compensation is calculated based on the quantity of goods sold or the value of a license (i.e., double the cost of the goods or the licensing fee).
What out-of-court measures can be taken against an infringer?
Besides sending a pre-trial claim, you may:
File a complaint with the Federal Antimonopoly Service (FAS) for unfair competition.
Contact Rospotrebnadzor (consumer protection authority), as selling counterfeits misleads consumers.
Report to law enforcement, as the sale of goods illegally marked with a third-party trademark carries administrative and criminal liability as well.
However, based on our experience, we consider litigation to claim compensation to be the most effective enforcement strategy.
Are there any risks associated with filing a complaint against a counterfeit listing on a marketplace?
Yes. Starting September 16, 2026, the marketplace and/or the seller may recover damages from you for unlawful blocking of a listing, but only in the following cases:
After the listing is blocked, you fail to file a lawsuit within a reasonable time against the seller and/or marketplace for selling counterfeits.
You file a lawsuit but lose due to the unfounded nature of your claims.
However, if filing a lawsuit for IP protection is impossible or significantly hindered (e.g., if the claim must be filed in a foreign court), damages for not filing a suit cannot be recovered from the rights holder.
That said, the legal practice has not yet developed clear approaches regarding the calculation of such damages or what constitutes "hindered" access to court as of this time.
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