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RUSSIA
Trademark Law
#3520-1 of September 23, 1992, as amended by the federal law 166-FL on
December 11, 2002
ENTRY INTO FORCE: December 27, 2002
TABLE OF CONTENTS
SECTION I TRADEMARK AND SERVICE MARK
Chapter 1 TRADEMARK AND SERVICE MARK, THEIR LEGAL PROTECTION
Article 1 Trademark and Service Mark
Article 2 Legal Protection of Trademark
Article 3 Trademark Certificate
Article 4 Exclusive Right to Trademark
Article 5 Kinds of Trademarks
Article 6 Statutory Grounds for Rejection of Registration
Article 7 Other Grounds for Rejection of Registration
Chapter 2 REGISTRATION OF TRADEMARK
Article 8 Application for Registration of Trademark
Article 9 Priority of Trademark
Article 10 Examination of Application for Trademark
Article 11 Formal Examination
Article 12 Examination of Sign
Article 13 Appeal against Decision on Application and Extension of Time
Limits
Article 14 Registration of Trademark
Article 15 Issuance of Trademark Certificate
Article 16 Registration Period
Article 17 Entering Changes in Registration
Article 18 Publication of Information about Registration
Article 19 Registration of Trademark Abroad
Chapter 2-1 WELL-KNOWN TRADEDEMARK, ITS LEGAL PROTECTION
Article 19-1 Well-known Trademark
Article 19-2 Granting Legal Protection to Well-known Trademark
Chapter 3 COLLECTIVE MARK
Article 20 Right to Collective Mark
Article 21 Registration of Collective Mark
Chapter 4 USE OF TRADEMARK
Article 22 Use of Trademark and Consequences of Its Nonuse
Article 23 Exhaustion of Rights Based on Trademark Registration
Article 24 Precautionary Marking
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Chapter 5 TRANSFER OF TRADEMARK
Article 25 Transfer of Exclusive Right to Trademark (assignment of
trademark)
Article 26 License for Use of Trademark
Article 27 Registration of Contract of Assignment of Trademark and of
License Contract
Chapter 6 TERMINATION OF LEGAL PROTECTION OF TRADEMARK
Article 28 Contesting and Holding Registration of Trademark Invalid
Article 29 Termination of Legal Protection for Trademark
SECTION II APPELLATION OF ORIGIN OF GOODS
Chapter 7 APPELLATION OF ORIGIN AND ITS LEGAL PROTECTION
Article 30 Appellation of Origin of Goods
Article 31 Origin of Legal Protection
Chapter 8 REGISTRATION, AND GRANT OF THE RIGHT TO USE APPELLATION OF ORIGIN
Article 32 Application for Registration and Grant of the Right to Use
an Appellation of Origin
Article 33 Examination of Application
Article 34 Appeal against Decision on Application and Extension of Time
Limits
Article 35 Registration of Appellation of Origin and Issuance of
Certificate Attesting the Right to Use Appellation of Origin
Article 36 Validity Period of Certificate
Article 37 Changes in the Register and Certificate
Article 38 Publication of Information About Registration and Grant of
the Right to Use Appellation of Origin
Article 39 Registration of Appellation of Origin Abroad
Chapter 9 USE OF APPELLATION OF ORIGIN
Article 40 Use of Appellation of Origin
Article 41 Precautionary Marking
Chapter 10 TERMINATION OF LEGAL PROTECTION FOR APPELLATION OF ORIGIN
Article 42 Contestation of Grant of Legal Protection for Appellation of
Origin, Issuance of Certificate and Holding them Invalid
Article 42-1 Termination of Legal Protection for Appellation of Origin
and Validity of Certificate
SECTION III FINAL PROVISIONS
Article 43 Federal Executive Authority on Intellectual Property
Article 43-1 Actions of Board on Patent Disputes
Article 44 Fees
Article 45 Hearing Disputes Related to Implementation of this Law
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Article 46 Responsibility for Illegal Use of Trademark and Appellation
of Origin
Article 47 Rights of Foreign Legal Entities and Natural Persons
Article 48 International Treaties
FINAL AND TRANSITION PROVISIONS SET FORTH BY ARTICLES 2 AND 3 OF THE FEDERAL
LAW ON DECEMBER 11, 2002 # 166-FL “ON INTRODUCING CHANGES AND AMENDMENTS
INTO THE LAW OF THE RUSSIAN FEDERATION “ON TRADEMARKS, SERVICE MARKS AND
APPELLATIONS OF ORIGIN OF THE GOODS””
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SECTION I TRADEMARK AND SERVICE MARK
Chapter 1 TRADEMARK AND SERVICE MARK, THEIR LEGAL PROTECTION
Article 1 Trademark and Service Mark
A trademark and a service mark (hereinafter “trademark”) are signs capable
of individualizing goods, active jobs or services (hereinafter “goods”)
of natural persons or legal entities.
Article 2 Legal Protection of Trademark
1. A trademark shall be legally protected in the Russian Federation on
the basis of its State registration (hereinafter “registration”) effected
through the procedure set forth by this Law or by virtue of international
treaties to which the Russian Federation is a party.
2. The right to a trademark shall be protected by the Law.
3. A legal entity and a natural person engaged in business activities
shall hold an exclusive right to a trademark (right holder).
Article 3 Trademark Certificate
1. A Trademark Certificate shall be issued for a registered trademark.
2. The Certificate shall attest to the priority of the trademark, the
exclusive right to a trademark in respect of the goods listed in the
certificate.
Article 4 Exclusive Right to Trademark
1. A right holder shall have the exclusive right to use and to prevent
others from using the trademark.
Nobody shall be allowed to use a trademark protected in the Russian
Federation without authorization by its holder.
2. The commercial use of a trademark or a confusingly similar sign on
the territory of the Russian Federation in respect of goods for which
this trademark has been registered, or similar goods shall be regarded
asaninfringementofrightsoftherightholder(illegaluseofatrademark),
including the use of the trademark or a confusingly similar sign:
- on the goods, labels, packages, which are manufactured, offered for
sale, sold, displayed at exhibitions and fairs or used commercially on
the territory of the Russian Federation, or stored and (or) transported
with this purpose, or imported into the territory of the Russian Federation;
- while performing jobs, providing services;
- on documents introducing goods commercially;
- while offering goods for sale;
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- in the Internet, particularly in the domain names and in other forms
of addressing.
The goods, labels, packages of these goods on which the trademark or a
confusingly similar sign are used shall be regarded as counterfeits.
Article 5 Kinds of Trademarks
1. Word, figurative, three-dimensional, or other signs or their
combinations may be registered as trademarks.
2. A trademark may be registered in any color or combination of colors.
Article 6 Statutory Grounds for Rejection of Registration
1. Signs shall not be registered as trademarks if they do not have a
distinguishing capacity or consist only of the elements:
- that are commonplace to designate of a certain kind;
- that are generally adopted symbols and terms;
- that point to the kind, quality, quantity, properties, application,
value of goods and the place and time of their manufacture or sale;
- that represent the configuration of goods which is determined exclusively
or mainly by the property of function of the goods.
The signs set forth in Subparagraphs 2, 3, 4 and 5 of this Paragraph may
be incorporated as non-protected elements in a trademark, provided they
do not prevail.
The provisions of this Paragraph shall not be applied to the signs that
have acquired a distinctive character as a result of their use.
2. Signs shall not be registered as trademarks by virtue of international
treaties to which the Russian Federation is a party, that consist only
of the elements representing State armorial bearings, flags or other State
emblems, abbreviated or full names of international intergovernmental
organizations, their armorial bearings, flags and other emblems, official
signs and hall-marks of control and warranty, seals, awards and other
distinguishing signs or signs confusingly similar to them. Such signs
may be incorporated as non-protected elements, in a trademark, provided
the consent of an appropriate authority is available.
3. The following signs will not be registered as trademarks or their
elements:
- that are misleading or capable of confusing consumers in respect of
a good or its manufacturer;
- that are contrary to public interests, principles of humanity or morals.
4. The signs identical or confusingly similar to official names and images
of particularly valuable objects of cultural heritage of the peoples of
the Russian Federation or of the world cultural or natural heritage, or
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also to the images of cultural values stored in collections and funds
shall not be registered as trademarks provided such registration is
requested for persons who are not their proprietors (owners), and who
do not have the consent of the proprietors or persons, authorized by them,
to register such signs as trademarks.
5. By virtue of international treaties to which the Russian Federation
is a party, signs shall not be registered as trademarks on the territory
of the Russian Federation that represent or incorporate the elements that
are protected in one of the States-parties to that treaty in the capacity
of the signs, identifying wines or alcoholic beverages, originating from
its territory (produced within the geographic boundaries of that State),
and possessing individual quality, name and other properties that are
mainly determined by their origin, provided the trademark shall be used
for identifying wines or alcoholic beverages that are not produced on
the given geographic territory.
Article 7 Other Grounds for Rejection of Registration
1. The following signs shall not be registered as trademarks if they are
identical or confusingly similar to:
- trademarks of other persons, applied for registration (provided
applications for them have not been recalled) or protected in the Russian
Federation by virtue of international treaties to which the Russian
Federation is a party, in respect of similar goods with an earlier priority;
- trademarks of other persons, recognized as famous by the Law of the
Russian Federation in respect to similar goods.
Registration of the sign as a trademark in respect to similar goods,
confusingly similar to the trademark, mentioned in Subparagraph 2 and
3 of this Paragraph shall be allowed only with the consent of the right
holder.
2. The signs, identical or confusingly similar to appellations of origin
of goods, protected under the Law, except for the cases where these signs
are incorporated as non-protected elements into trademarks, registered
in the name of persons having the right to use such appellations, shall
not be registered as trademarks in respect of any goods.
3. The following signs shall not be registered as trademarks if they
reproduce:
- trade names (or its part) protected in the Russian Federation in respect
of similar goods, industrial design, compliance mark, the rights to which
belonged to other persons in the Russian Federation, prior to the priority
date of the registered trademark;
- titles of works of science, literature and art, characters or quotations
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from them, works of art or their fragments known in the Russian Federation
by the filing date of the application, without the consent of a copyright
owner or his successor in title, provided the rights to these works were
used prior to the priority date of the registered trademark;
- last names, first names, pseudonyms and their derivatives, portraits
and facsimile of the person known at the filing date of application, without
the consent of that person or his successor.
Chapter 2 REGISTRATION OF TRADEMARK
Article 8 Application for Registration of Trademark
1. An application for registration of a trademark (hereinafter
“application”) shall be filed with the Federal executive authority on
intellectual property by a legal entity or a natural person in business
(hereinafter “applicant”).
2. An applicant, a right holder or any other interested person may practice
before the Federal executive authority on intellectual property either
independently or through a patent attorney registered for the practice
before the Federal executive authority on intellectual property.
Foreign legal entities or natural persons having their permanent domicile
outside the Russian Federation or their patent attorneys shall perform
the formalities before the Federal executive authority on intellectual
property through patent attorneys registered for the practice before the
Federal executive authority on intellectual property. The competence of
a patent attorney shall be attested by a power of attorney issued to him
by the applicant, the right holder or any other interested person.
A citizen of the Russian Federation, permanently residing on its territory,
may be registered as a patent attorney. The Government of the Russian
Federation shall set other requirements to a patent attorney, procedures
for his certification and registration, and also his warrants for practice,
related to the legal protection of trademarks.
3. An application shall relate to one trademark only.
4. An application shall contain:
- a request for the registration of the sign as a trademark with the
indication of the applicant as well as his seat or residence;
- the claimed sign;
- the list of goods for which the trademark registration is applied for,
grouped under headings of the International Classification of Goods and
Services for the Purposes of the Registration of Marks;
- description of the claimed sign.
An application shall be filed in the Russian language.
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5. An application shall be accompanied by:
- a document certifying payment of the fee for filing an application in
the prescribed amount;
- the by-law of a collective mark, if the application is filed for
registration of a collective mark.
The documents accompanying an application shall be filed in Russian or
another language. Where such documents are filed in another language,
the application shall be accompanied by their translation into Russian.
The translation into Russian may be submitted by the applicant within
two months after the date of notification by the Federal executive authority
on intellectual property of the need to meet this requirement.
6. The date of filing an application with the Federal executive authority
on intellectual property shall be the date of filing documents set forth
in Paragraphs 2, 3, and 4 of this Article, or when these documents were
filed at different dates - the last filing date.
7. After filing the application with the Federal executive authority on
intellectual property, any person shall have the right to familiarize
himself with the documents of the application that were incorporated in
it at the filing date. The Federal executive authority on intellectual
property shall set the familiarization procedure with the documents of
the application.
8.TheFederalexecutiveauthorityonintellectualpropertyshalldetermine
the requirements for the documents of application.
Article 9 Priority of Trademark
1. Priority of a trademark shall be fixed as of the filing date of the
applicationwiththeFederalexecutiveauthorityonintellectualproperty.
2. Priority of a trademark may be fixed as of the date of filing of the
first application in a member country of the Paris Convention for the
Protection of Industrial Property (convention priority), provided the
application is filed with the Federal executive authority on intellectual
property within six months from the above-mentioned date.
3. Priority of a trademark affixed to exhibits of official or officially
recognizedinternationalexhibitionsorganizedintheterritoryofamember
country of the Paris Convention for the Protection of Industrial Property
may be fixed as of the date at which the display of the exhibit began
at the exhibition (exhibition priority), provided the trademark
application is filed with the Federal executive authority on intellectual
property within six months from the above-mentioned date.
4. An applicant wishing to enjoy the right of convention or exhibition
priority shall be liable to make the statement to the effect at filing
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trademark application or within two months from the filing date of the
applicationwiththeFederalexecutiveauthorityonintellectualproperty,
and shall submit the necessary documents in support of such request, or
submit such documents within three months from the filing date of the
applicationwiththeFederalexecutiveauthorityonintellectualproperty.
5. Priority of a trademark filed by an applicant under Paragraph 6 of
Article 10 of the Law (hereinafter “divisional application”) on the basis
of another application of that applicant for the same sign (hereinafter
“original application”) shall be fixed as of the filing date of the original
applicationwiththeFederalexecutiveauthorityonintellectualproperty,
when there is the right to an earlier priority for the original application
- by the priority date, provided the original application has not been
recalled as of the date of filing the divisional application, and is not
considered to be recalled, and when the divisional application was filed
prior to taking an action on the original application.
6. When different applicants filed applications for identical trademarks
with the same priority date in respect of fully or partially concurrent
lists of goods, registration of the trademark with respect to the goods
for which the above-mentioned lists coincide, shall be made in the name
of one of them on the basis of the agreement reached between the applicants.
Whereas the same applicant filed applications for identical trademarks
with the same priority date in respect of fully or partially concurrent
lists of goods, the trademark in respect of such goods may be registered
with one of the applications, selected by an applicant.
Within six months after receiving the corresponding notification, the
applicants (applicant) should inform of the agreement reached by them
(his choice) in respect of the application for which the registration
of the trademark is requested.
Whereas within the fixed time the Federal executive authority on
intellectual property fails to receive the above-mentioned information
or request on the extension of time, the applications shall be recalled.
7. Priority of a trademark may be fixed as of the date of its international
registration by virtue of international treaties to which the Russian
Federation is a party.
Article 10 Examination of Application for Trademark
1. The examination of an application shall be carried out by the Federal
executive authority on intellectual property and shall include a formal
examination and an examination of the sign.
2. The applicant shall have the right, on his own initiative, to supplement
or correct the application materials during the examination before an
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action is issued.
If the supplementary materials incorporate the list of goods that was
not mentioned in the application as of its filing date or materially change
the application, they shall not be accepted and may be filed by the applicant
in an independent application.
3. A change of the applicant as a result of conceding the right to the
application or of changing the name of the applicant, as well as the
correction of obvious or technical errors in the documents of the
application shall be made before the registration date of a trademark.
4.During the examination the Federal executive authority on intellectual
property shall be entitled to request from the applicant the supplementary
materials, the lack of which makes the examination impossible.
The supplementary materials incorporating the list of goods, which is
not mentioned in the application as of its filing date, or materially
change the sign, follow the procedure set forth in Paragraph 2 of this
Article.
The supplementary materials or copies of these materials, requested by
the Examiners, shall be submitted within two months from the date of receipt
of such request, provided that these copies were requested by an applicant
within one month after receiving the request of the Examiners. If the
applicant does not comply with the time limit or fails to file a reply
to the Examiner’s request, the application shall be deemed abandoned.
At the request of the applicant, the Federal executive authority on
intellectual property may extend this period by not more than six months.
Whenareasonableexcuseforfailingtoconfinetothetimelimitisconfirmed,
the Federal executive authority on intellectual property can extend it
by more than six months.
5. An application may be withdrawn at the request of the applicant at
any stage of examination, but not later than the date of registration
of the trademark.
6. During examination of the application, before an action is taken, the
applicant has the right to file a divisional application for the same
sign, which incorporates the list of goods, mentioned in the original
application as of its filing date with the Federal executive authority
on intellectual property, and which differs from the goods listed in the
original application.
Article 11 Formal Examination
1. The formal examination of an application shall be carried out within
one month from the date of its filing with the Federal executive authority
on intellectual property.
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2. During the formal examination an application and the accompanying
documents shall be checked for their compliance with the statutory
requirements. Based on the results of the formal examination, the applicant
shall be informed either of acceptance of the application or of its
rejection.
3. Parallel with notifying the applicant of the positive result of the
formal examination, he shall be informed of the filing date set forth
in conformity with Paragraph 6 of Article 8 of this Law.
Article 12 Examination of Sign
1. The examination of a sign shall be carried out when the formal examination
is over.
During the examination a sign shall be checked for its compliance with
the requirements set forth in Articles 1, 6 and Paragraph 1 and 2 of Article
7 of this Law, and the priority of the trademark shall be fixed.
2. Based on the results of the examination, an action either to register
the trademark or to reject its registration shall be issued.
3. Before taking an action on the results of examination of a sign, a
notification shall be sent to the applicant in a written form on the results
of checking the compliance of the sign with the requirements of Subparagraph
2 of Paragraph 1 of this Article with a proposal to advance reasons for
the motives adduced in the notification. The applicant’s reasons shall
be accounted for in taking an action on the results of examination of
a sign, provided that such reasons have been submitted within six months
from the date of sending the above-mentioned notification to the applicant.
4. An action to register a trademark can be revised by the Federal executive
authority on intellectual property prior to the registration of a trademark
in connection with:
- the receipt of an application with an earlier priority in compliance
with Article 9 of this Law for an identical or confusingly similar sign
in respect of similar goods;
- the registration of a sign, as an appellation of origin of a good, identical
or confusingly similar to that trademark;
- the discovery of an application containing an identical trademark, or
a protected identical trademark in respect of a full or in part coincidence
of the lists of goods with the same or earlier priority of a trademark;
- satisfying the application to change the applicant, which could result
in misleading a consumer with regard to the good or its manufacturer,
provided that such a sign shall be registered as a trademark.
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Article 13 Appeal against Decision on Application and Extension of Time
Limits
1. If an applicant disagrees with an action taken on the results of the
formal examination of an application, or refusal to examine it, or with
an action taken on the results of examination of a sign, or with an action
on recognizing the application abandoned, the applicant shall be entitled
to lodge, within three months from the date of receipt of an appropriate
action, an appeal with the Board on Patent Disputes or request copies
of the materials opposed to the application from the Federal executive
authority on intellectual property, provided they shall be requested by
an applicant within a month from the date of his receipt of a corresponding
action.
2. The time limits set forth in Paragraph 4 of Article 10 of this Law
and in Paragraph 1 of this Article which have expired, may be reinstated
by the Federal executive authority on intellectual property at the request
of an applicant, filed within two months from its expiration, provided
there is a reasonable excuse and an appropriate fee is paid.
Such request shall be submitted to the Federal executive authority on
intellectual property parallel with the supplementary materials,
requested by the Examiners, or a request to extend the time limits for
their submission, or parallel with lodging an appeal to the Board on Patent
Disputes.
Article 14 Registration of Trademark
Based on the decision to register the trademark the Federal executive
authority on intellectual property shall, within one month from the date
of receipt of a document certifying payment of the statutory fee, enter
the trademark in the State Register of Trademarks and Service Marks of
the Russian Federation (hereinafter “Register”). Entered in the Register
shall be the trademark, its right holder data, the priority date of the
trademark, and the date of its registration, the list of goods for which
the trademark is registered, other data having to do with the registration
of the trademark and any subsequent changes in this data.
A trademark shall not be registered and the application shall be recalled
when there is no document confirming the payment of the registration fee
and the issuance of a trademark certificate.
Article 15 Issuance of Trademark Certificate
1. A trademark certificate shall be issued by the Federal executive
authority on intellectual property within three months from the date of
registration of the trademark in the Register.
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2. The form of the certificate and its contents shall be determined by
the Federal executive authority on intellectual property.
Article 16 Registration Period
1. Registration of a trademark shall be valid for ten years from the filing
date of the application with the Federal executive authority on
intellectual property.
2. The trademark registration period may be extended at the request of
its right holder, which should be filed during the last year of the expiring
term, each time for the next ten years.
At the request of a trademark owner wishing to prolong the term of the
trademark registration, the owner may be given a six-month grace period
after expiration of the registration period, provided the owner has paid
the additional fee.
3. Prolongation of the trademark registration shall be entered by the
Federal executive authority on intellectual property in the Register and
the Trademark Certificate.
Article 17 Entering Changes in Registration
1. A trademark owner shall inform the Federal executive authority on
intellectual property of any changes in its name, last name, first name
or patronymic, reduction of the list of goods for which the trademark
has been registered, alterations of individual elements of the trademark
which do not materially alter it, and of any other changes having to do
with the registration of the trademark.
When the grant of legal protection for a trademark is contested on the
grounds and the order set forth by Article 28 of this Law, a single
registration of such trademark for a good or part of goods, which are
not similar to the goods whose list remains in the primary registration
can be separated, at the request of the right holder, from the registration
of a trademark valid for several goods. This request may be submitted
by the right holder before the action shall be taken on the results of
dispute settlement on the registration of a trademark.
The changes shall be entered in the Register and the Trademark Certificate,
provided an appropriate fee has been paid.
2. The Federal executive authority on intellectual property may enter
changes into the Register and Trademark Certificate to remedy evident
and technical errors.
Article 18 Publication of Information about Registration
Information having to do with registration of a trademark and entered
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in the Register as set in Article 14 of this Law shall be published by
the Federal executive authority on intellectual property in the Official
Gazette immediately after registration of a trademark in the Register
or after the changes in the registration of the trademark have been entered
in the Register.
Article 19 Registration of Trademark Abroad
Legal entities and natural persons of the Russian Federation shall be
entitled to have their trademarks registered abroad or to register them
according to an international procedure.
An application for the international registration of a trademark shall
be filed through the Federal executive authority on intellectual property.
Chapter 2-1 WELL-KNOWN TRADEDEMARK, ITS LEGAL PROTECTION
Article 19-1 Well-known Trademark
1. At the request of a legal entity or a natural person, a trademark,
protected on the territory of the Russian Federation on the basis of its
registration; a trademark, protected on the territory of the Russian
Federation without registration by virtue of an international treaty of
the Russian Federation, and also a sign, used as a trademark which is
not protected on the territory of the Russian Federation can be recognized
as well-known trademarks on the territory of the Russian Federation if
such trademarks or signs, as a result of their intensive use at the date,
indicated in the application, became widely known in the Russian Federation
among consumers in respect of the goods of that person.
A trademark or a sign cannot be considered as a well-known trademark if
they became widely known after the priority date of an identical or
confusingly similar trademark of another person, intended to be used in
respect of similar goods.
2. A well-known trademark is granted legal protection set by this Law
for a trademark.
When the already registered trademark is recognized as a well-known
trademark, the legal protection for such trademark shall be applied also
to the goods non-similar to those covered by the well-known trademark,
provided the use of that trademark by another person in respect of the
above-mentioned goods will be associated by consumers with the right holder
and may infringe upon his lawful interests.
Article 19-2 Granting Legal Protection to Well-known Trademark
1. The legal protection for a well-known trademark shall be granted on
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the basis of an action of the Board on Patent Disputes, taken by an
application submitted in conformity with Subparagraph 1, Paragraph 1,
Article 19-1 of this Law.
2. A trademark, recognized as well-known, shall be entered by the Federal
executive authority on intellectual property in the List of well-known
trademarks in the Russian Federation (hereinafter “List”).
3. A Certificate for a well-known trademark shall be issued by the Federal
executive authority on intellectual property within a month after the
date of entering the trademark in the List. The form of the Certificate
and the data to be included into it shall be set by the Federal executive
authority on intellectual property.
4. The data related to a well-known trademark shall be published by Federal
executive authority on intellectual property in the official Gazette
immediately after they are entered in the List.
5. The legal protection of a well-known trademark shall have an indefinite
period.
Chapter 3 COLLECTIVE MARK
Article 20 Right to Collective Mark
1. In conformity with an international treaty of the Russian Federation
an association of persons, whose foundation and business activities do
not run counter to the legislation of the country where it has been founded,
shallhavetherighttoregisteracollectivemarkintheRussianFederation,
which shall be a trade mark of a business association, intended to be
affixed to their manufactured or marketed goods possessing common
qualitative or other general properties.
2. A collective mark and the right to use it may not be transferred to
other persons.
Article 21 Registration of Collective Mark
1. An application for registration of a collective mark shall be accompanied
by a By-law of the collective mark which shall contain the name of the
business association authorized to register the mark in its name, the
list of enterprises having the right to use this mark, the objective of
its registration, the list of goods and common qualitative or other general
properties of goods which are to bear the collective mark, the conditions
for its use, the procedure of control over its use, the responsibility
for violation of the By-law of the collective mark.
2. Information about the enterprises having the right to use the collective
mark in addition to the information set forth in Article 14 of this Law
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shall be entered in the Register and the Certificate for the collective
mark.ThisinformationaswellasanexcerptfromtheBy-lawofthecollective
mark concerning common qualitative or other general properties of the
goods for which the mark has been registered shall be published by the
Federal executive authority on intellectual property in the Official
Gazette. The owner of the collective mark shall inform the Federal executive
authority on intellectual property of any changes in the By-law of the
collective mark.
3. In case where a collective mark is used on goods not possessing common
qualitative or other general properties, its legal protection may be
suspended fully or in part on following the ruling of the Court issued
at the request of any person.
4. A collective mark and an application for its registration may be
transformed respectively into a trademark and an application for the
registration of a trademark and contrariwise.
Chapter 4 USE OF TRADEMARK
Article 22 Use of Trademark and Consequences of Its Nonuse
1. A trademark shall be considered as used if it is affixed to the goods
for which it has been registered and/or to their packages by the trademark
holder or a person who has been granted such right on the basis of a license
contract as set forth in Article 26 of this Law.
Atrademarkshallbealsoconsideredasusedifitisutilizedinadvertising,
in printed publications, official forms, signboards, while displaying
exhibits at exhibitions or fairs held in the Russian Federation, provided
there is a reasonable excuse for nonuse of the trademark on goods and/or
their packages.
2. Legal entities and natural persons engaged in intermediary activities
may, according to a contract, use their trademark in addition to the
trademark of the manufacturer of the goods or instead of the trademark
of the latter.
3. Legal protection of a trademark may be terminated ahead of time in
respect of all or a part of goods in connection with a nonuse of a trademark
for any three years in a row after its registration. An application on
the termination ahead of time of legal protection of a trademark due to
its nonuse may be submitted to the Board on Patent Disputes on the expiry
of the above-mentioned three years provided that trademark had not been
used before such an application was submitted.
A right holder shall submit a proof of using the trademark.
For the purposes of this Paragraph the use of a trademark with changes
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in some of its elements that do not alter it materially shall be considered
as the use of a trademark.
In settling an issue on the termination ahead of time of the legal protection
for a trademark due to its nonuse, a proof submitted by a right holder
to the effect that it has not been used for reasons beyond the right holder’s
control shall be taken into consideration.
Article 23 Exhaustion of Rights Based on Trademark Registration
Registration of a trademark shall not give its holder the right to prevent
other persons from using this mark for goods, which have been commercially
introduced on the territory of the Russian Federation directly by the
right holder or with his consent.
Article 24 Precautionary Marking
A right holder may affix, at its trademark, a precautionary marking in
the form of a letter “R” or a circled letter “R” (®) or a word sign “trademark”
or “registered trademark” indicating that the sign used is a trademark
registered in the Russian Federation.
Chapter 5 TRANSFER OF TRADEMARK
Article 25 Transfer of Exclusive Right to Trademark (assignment of
trademark)
An exclusive right to a trademark in respect of all or some goods for
which it has been registered may be assigned by the right holder to a
legal entity or a natural person under a contract on the transfer of an
exclusive right to a trademark (contract on the assignment of a trademark).
Assignment of a trademark shall not be allowed if it may lead to confusion
of consumers with regard to goods or their manufacturer.
Article 26 License for Use of Trademark
The right to use a trademark may be granted by a right holder (licensor)
to another legal entity or a natural person (licensee) under a license
contractinrespectofallorapartofgoodsforwhichithasbeenregistered.
A license contract shall set forth a provision to the effect that quality
of licensee’s goods shall not be inferior to those of the licensor and
that the licensor should exercise control over compliance with this
provision.
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Article 27 Registration of Contract of Assignment of Trademark and of
License Contract
Any contract on the transfer of an exclusive right to a trademark (contract
on assignment of a trademark ) or a license contract shall be registered
with the Federal executive authority on intellectual property. Without
such registration they shall be deemed invalid.
The Federal executive authority on intellectual property shall set
procedures for the registration of the above-mentioned contracts.
Chapter 6 TERMINATION OF LEGAL PROTECTION OF TRADEMARK
Article 28 Contesting and Holding Registration of Trademark Invalid
1. Granting of legal protection to a trademark may be contested and held
invalid:
1) fully or in part for its whole period of validity if it has been effected
in contravention of the requirements set forth in Article 6 and Paragraph
3 of Article 7 of this Law or within five years from the date of publication
of information about registration of the trademark in the Official Gazette
on the grounds set forth in Paragraph 1 and 2 of Article 7 of this Law;
2) fully during the whole period of its validity if it has been granted
infringing the requirements set in Paragraph 3 of Article 2 of this Law;
3) fully during the whole period of its validity, if it has been granted
in the name of an agent or representative of a right holder of an exclusive
right to this trademark in one of the countries - members of the Paris
Convention on the Protection of Industrial Property, infringing the
requirements set by that Convention;
4) fully or in part during the whole period of validity, if actions of
arightholderrelatingtotheregistrationofatrademarkhavebeentreated,
in the order set by the law, as an action of unfair competition.
2. The grant of legal protection for a well-known trademark in the Russian
Federation may be contested and held invalid fully or in part during the
whole period of legal protection, if it has been granted with infringements
of the requirements set by Paragraph 1 of Article 19-1 of this Law.
3. Any person may file, within the time limits and on the grounds set
forth in Subparagraph 1 and 2 and Paragraph 1 of this Article with the
Board on Patent Disputes, an opposition against granting legal protection
to a trademark.
Opposition to the grant of legal protection for a trademark on the grounds
set forth in Subparagraph 3, Paragraph 1 of this Article shall be filed
by an interested holder of an exclusive right against a trademark in one
of the countries - members of the Paris Convention on the Protection of
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Industrial Property with the Board on Patent Disputes.
Opposition to granting legal protection for a well-known trademark in
the Russian Federation on the grounds, set forth by Paragraph 2 of this
Article may be filed by any person with the Board on Patent Disputes.
An application on declaring invalid the granting of legal protection for
a trademark on the grounds of an action taken in the order set by Subparagraph
4 of Paragraph 1 of this Article shall be filed by any person with the
Federal executive authority on intellectual property.
4. The granting of legal protection for a trademark shall be declared
invalid fully or in part by an action taken as a result of the opposition
or application submitted under Paragraph 3 of this Article.
Article 29 Termination of Legal Protection for Trademark
1. Legal protection for a trademark is terminated:
- in connection with the expiration of the period of validity of trademark
registration;
- on the grounds of the ruling of the Court, coming into force on terminating
legal protection of a collective mark ahead of time due to the use of
that trademark on the goods that do not possess common qualitative or
other general properties as set forth in Paragraph 3 of Article 21 of
this Law;
- following the decision on its earlier termination on the grounds of
nonuse of the trademark as set forth in Paragraph 3 of Article 22 of this
Law;
- following the decision of the Federal executive authority on intellectual
property on earlier termination of legal protection for a trademark in
case of liquidation of a legal entity - the right holder or termination
of business activity by a natural person - the right holder;
- when the right holder abandons it;
- on the basis of the decision taken on the application of any person
filed with the Board on Patent Disputes on earlier termination of legal
protection for a trademark where the registered trademark has become a
commonplace sign used to designate a certain kind of goods.
2. Legal protection of a famous trademark shall be terminated on the grounds
set forth by Subparagraphs 4-7 of Paragraph 1 of this Article, and also
on the basis of the decision of the Board on Patent Disputes when a well-known
trademark looses the features set forth in Subparagraph 1 of Paragraph
1 of Article 19-1 of this Law.
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SECTION II APPELLATION OF ORIGIN OF GOODS
Chapter 7 APPELLATION OF ORIGIN AND ITS LEGAL PROTECTION
Article 30 Appellation of Origin of Goods
1. An appellation of origin of goods is the name of a country, settlement,
locality or other geographic place (hereinafter “geographic place”) or
a derivative of such name, and which became known as a result of its use
to designate the special properties of goods which are defined, exclusively
or prevailingly, by natural conditions and/or human factors specific for
this area.
2. A designation, which represents or includes the name of a geographic
place and which is a commonplace name in the Russian Federation as
designating a certain kind of goods without association with the place
of its manufacture, shall not be regarded as an appellation of origin.
Article 31 Origin of Legal Protection
1. Legal protection of an appellation of origin of good in the Russian
Federation shall start following its registration by the procedure set
forth in this Law or by virtue of international treaties to which the
Russian Federation is a party.
2. Any appellation of origin shall be protected by the law.
3. The appellation of origin of good may be registered by one or several
legal entities or natural persons. A person having the appellation of
origin registered shall be granted the right to use it, provided that
the goods manufactured by this person comply with the requirements set
forth in paragraph 1 of Article 30 of this Law.
The right to use the same appellation of origin registered by the statutory
procedure may be granted to any legal entity or natural person residing
at the same geographic place and manufacturing goods having the same
properties.
4. An appellation of origin shall be registered for an indefinite period.
Chapter 8 REGISTRATION, AND GRANT OF THE RIGHT TO USE APPELLATION OF ORIGIN
Article 32 Application for Registration and Grant of the Right to Use
an Appellation of Origin
1. An application for registration, and grant of the right to use an
appellation of origin or an application for grant of the right to use
a registered appellation of origin (hereinafter “application”) shall be
filed with the Federal executive authority on intellectual property by
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an applicant (“applicants”) either in its own name or through a patent
attorney as set forth in paragraph 2 of Article 8 of this Law.
2. An application shall relate to one appellation of origin only.
3. An application shall contain:
- a request for registration, and grant of the right to use the appellation
of origin of good or for the grant of the right to use the registered
appellation of origin on goods indicating the applicant (applicants) and
his/her (their) seat or residence;
- the claimed name;
- the kind of goods for which the registration, and grant of the right
to use the appellation of origin or the grant of the right to use the
registered appellation of origin is requested;
- indication of the place where such goods are manufactured (borders of
the geographic place);
- a description of specific properties of the goods.
The application shall be drafted in Russian.
The application is signed by an applicant and when submitted through a
patent attorney - by an applicant or patent attorney.
4. In the case where the geographic place, whose name is claimed as an
appellation of origin of the goods, is on the territory of the Russian
Federation, an application shall be accompanied by a determination of
a competent authority by the government of the Russian Federation
(hereinafter “competent authority”) to the effect that the applicant
resides in the designated geographical place and produces goods the
specific properties of which are due to natural conditions and/or human
factors specific for this geographic place.
Inthecasewherethegeographicplacewhosenameisclaimedasanappellation
of origin of the goods is outside the territory of the Russian Federation,
an application shall be accompanied by a document which certifies the
right of an applicant to the claimed appellation of origin of goods in
the country of origin.
An application shall also be accompanied by a document certifying payment
of the statutory fee.
The documents accompanying the application shall be filed in Russian or
another language. In the case where the documents are filed in another
language, the application shall be accompanied by their translation into
Russian. Translation into Russian may be submitted by the applicant within
two months from the date of notification by the Federal executive authority
on intellectual property.
5. The filing date of an application with the Federal executive authority
on intellectual property shall be the date set forth by Paragraph 3 of
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this Article or, if such documents shall not be submitted concurrently,
the entry date of the last document.
6. The requirements to the application documents shall be set forth by
the Federal executive authority on intellectual property.
Article 33 Examination of Application
1. The examination of an application shall be carried out by the Patent
Office and shall include a formal examination and an examination of the
appellation.
2. During the examination of an application, prior to issuance of an action,
the applicant shall be entitled, at his own motion, to supplement, correct
or amend the application materials.
Where the supplementary materials materially change the application, such
materials shall not be accepted and may be filed by the applicant in an
independent application.
3. During the examination the Federal executive authority on intellectual
property shall have the right to request from the applicant any additional
materials without which the examination is impossible.
The additional materials requested by the Examiner shall be submitted
within two months from the date of receipt of the request by an applicant.
At the request of the applicant this period may be extended, provided
that the request has been received prior to its expiration. If the applicant
failed to comply with the above-mentioned time limit or to reply to the
Examiner’s request, the application shall be considered abandoned.
4. The formal examination of an application shall be carried out within
two months from the date of filing with the Federal executive authority
on intellectual property.
During the formal examination the availability of the necessary documents
and their compliance with the statutory requirements shall be checked.
Based on the results of the formal examination the applicant shall be
informed either of acceptance of the application or of its rejection.
Parallel with the notification on the acceptance of the application the
applicant shall be informed of the filing date of the application set
forth by Paragraph 5 of Article 32 of this Law.
5. The appellation of origin of the goods in an accepted application shall
be examined for its compliance with the requirements set forth in Article
30 of this Law.
The validity of the appellation of origin of goods (manufacture) on the
territory of the Russian Federation shall be checked during examination.
Before taking an action on the results of examination of the appellation,
a notification may be sent to an applicant with the results of checking
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the compliance of the appellation with the requirements set forth by Article
30 of this Law with a proposal to adduce his arguments for the motives
given in the notification. His arguments shall be taken into account in
taking an action on the results of the appellation, provided that they
shall be submitted within six months from the date of forwarding the
notification.
6. According to results of the examination the Federal executive authority
on intellectual property shall decide either to register the appellation
of origin or refuse its registration and grant the right to use it, or
grant the right to use the already registered appellation of origin, or
to refuse the right to use it.
7.Theapplicantmaywithdrawtheapplicationatanystageoftheexamination
before information on registration of the appellation of origin of the
goods and (or) grant of the right to use it shall be entered in the State
Register of the Appellation of Origin of the Goods of the Russian Federation
(hereinafter in this Chapter “Register”).
Article 34 Appeal against Decision on Application and Extension of Time
Limits
1. Where an applicant disagrees with an action based on the results of
the formal examination, on refusal of acceptance or with the decision
taken as a result of the examination of appellation or the decision to
abandon it, the applicant shall be entitled, within three months from
the date of receipt of such action, to lodge an appeal with the Board
on Patent Disputes.
2. Time limits set forth in Paragraph 3 of Article 33 of this Law and
Paragraph 1 of this Article and disobeyed by an applicant may be extended
by the Federal executive authority on intellectual property at the request
of an applicant filed within two months after their expiration, provided
there is a reasonable excuse and an appropriate fee is paid.
Such request is submitted by an applicant to the Federal executive authority
on intellectual property parallel with the supplementary materials,
requested by the Examiner, or a request to extend the time limits or parallel
with filing an appeal against decision with the Board on Patent Disputes.
Article 35 Registration of Appellation of Origin and Issuance of
Certificate Attesting the Right to Use Appellation of Origin
1. Following an Examiner’s action the Federal executive authority on
intellectual property shall register an appellation of origin in the
Register. The following information shall be entered in the Register:
the appellation of origin, information on the holder of the certificate
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attesting the right to use the appellation of origin (hereinafter
“certificate”),indicationanddescriptionofspecificpropertiesofgoods
for which the appellation of origin has been registered, other information
relatingtotheregistrationandthegrantoftherighttousetheappellation
of origin, the renewal of the term of the certificate, as well as any
subsequent changes in the above.
2. The Federal executive authority on intellectual property shall issue
a certificate attesting the right to use the appellation of origin within
one month from the date of receipt of a document certifying payment of
an appropriate fee.
Such certificate shall not be issued if there is no document attesting
to the payment of an appropriate fee for the right to use the appellation
of origin.
3. The form of the certificate and its contents shall be set forth by
Federal executive authority on intellectual property.
Article 36 Validity Period of Certificate
1. A certificate shall be valid for ten years starting from the date of
filingtheapplicationwiththeFederalexecutiveauthorityonintellectual
property.
2. The term of the certificate may be extended at the request of its holder
provided a determination of a competent authority is submitted to certify
that the holder of the certificate is a resident of a given geographic
place and manufactures goods with properties cited in the Register.
When the geographic place is outside the territory of the Russian Federation,
the holder of the certificate, instead of the above determination, submits
a document attesting his right to use the appellation of origin of the
goods manufactured in the country as of the date of filing an application
for the extension of the validity period.
Such request shall be filed during the last year of the expiring term.
The term of a certificate shall be renewed each time for ten years.
At the request of a certificate holder who wishes to renew the term of
the certificate, an additional grace period of six months may be granted
after the expiration of the term of the certificate, provided that an
additional fee is paid.
3. Renewal of the term of a certificate shall be entered by the Federal
executive authority on intellectual property in the Register and the
certificate.
Article 37 Changes in the Register and Certificate
A certificate holder shall inform the Federal executive authority on
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intellectual property of any changes in the name, last name, first name
or patronymic and of any other changes relating to the registration and
grant of the right to use the appellation of origin.
A record in the Register and the certificate shall be made subject to
payment of an appropriate fee.
The Federal executive authority on intellectual property shall enter
changes in the Register and certificate to correct obvious and technical
errors.
Article 38 Publication of Information About Registration and Grant of
the Right to Use Appellation of Origin
Information relating to registration, and grant of the right to use the
appellation of origin entered in the Register as set forth in Article
35 and 37 of this Law with an exception of information incorporating the
description of specific properties of the goods shall be published by
the Federal executive authority on intellectual property in the Official
Gazette right after their entry in the Register.
Article 39 Registration of Appellation of Origin Abroad
1. Legal entities and natural persons of the Russian Federation shall
be entitled to have their appellations of origin registered abroad.
2. An application for registration of an appellation of origin abroad
shall be filed after registration and grant of the right to use such
appellation of origin in the Russian Federation.
Chapter 9 USE OF APPELLATION OF ORIGIN
Article 40 Use of Appellation of Origin
1. An appellation of origin shall be considered as used if it is affixed
to goods, labels and their packages, in advertising, in leaflets, invoices,
forms, and other documents having to do with commercial introduction of
goods.
2. No registered appellation of origin may be used by persons who do not
have an appropriate certificate even if the genuine place from which the
goods originate is indicated or the appellation of origin is used in
translation or in combination with expressions such as “sort of”, “kind
of”, “imitation”, “and the like”, and no similar appellation of origin
may be used on any goods which may confuse consumers in respect of origin
and specific properties of goods (illegal use of an appellation of origin).
The goods, labels and packages on which an appellation of origin or signs
confusingly similar to them are illegally used shall be treated as
26
counterfeits.
3. A certificate holder shall not be entitled to grant licenses for use
of the appellation of origin to other persons.
Article 41 Precautionary Marking
A certificate holder may affix at the appellation of origin a Precautionary
marking in the form of a word sign “registered appellation of origin of
thegood”or“registeredAOG”indicatingthattheusednameisanappellation
of origin registered in the Russian Federation.
Chapter 10 TERMINATION OF LEGAL PROTECTION FOR APPELLATION OF ORIGIN
Article 42 Contestation of Grant of Legal Protection for Appellation of
Origin, Issuance of Certificate and Holding them Invalid
1. The grant of legal protection for the appellation of origin of the
good may be contested and attested invalid during the whole period of
protection, provided it has been granted in contravention of the
requirements set forth in this Law.
The issuance of the certificate may be contested and may be held invalid
during the whole period of its validity, provided it has been issued in
contravention of the requirements set forth in this Law, or admitting
invalidity of the grant of legal protection for the appellation of origin.
2. Any person may file an opposition against the grant of legal protection
for the appellation of origin and issuance of the certificate with the
Board on Patent Disputes on the grounds set forth in Paragraph 1 of this
Article.
3. The grant of legal protection for the appellation of origin and the
certificate is admitted invalid following the decision of the Chamber
on Patent Disputes and the ruling of the Court that came into force.
Article 42-1 Termination of Legal Protection for Appellation of Origin
and Validity of Certificate
1. Legal protection of the appellation of origin shall be terminated if:
- specific conditions for a given geographic place disappear and the goods
having properties indicated in the Register cannot be produced;
- a foreign legal entity or a natural person looses the right to a given
appellation of origin in the country of origin;
2. The validity of a certificate shall be terminated:
- if goods have lost their specific properties cited in the Register in
respect of a given appellation of origin;
- if legal protection for the appellation of origin has been terminated;
27
- if a legal entity - the certificate holder has been liquidated;
- if the certificate holder files an application with the Federal executive
authority on intellectual property.
3. Any person may file with the Board on Patent Disputes an application
for the termination of legal protection of the appellation of origin and
validity of the certificate on the grounds set forth in Paragraph 1 and
Subparagraphs 2 and 3 of Paragraph 2 of this Article.
Any person may file an application on terminating the validity of the
certificate with the Federal executive authority on intellectual property
on the grounds set forth in Subparagraph 4 of Paragraph 2 of this Article.
4. Legal protection of the appellation of origin and validity of the
certificate are terminated following an action of the Board on Patent
Disputes, the Federal executive authority on intellectual property and
the ruling of the Court that came into force.
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SECTION III FINAL PROVISIONS
Article 43 Federal Executive Authority on Intellectual Property
The Federal executive authority on intellectual property shall be
authorized to implement the State policy and the functions set forth in
this Law to provide legal protection of trademarks and appellations of
origin of the goods.
The Federal executive authority on intellectual property in the cases
outlined in this Law publishes, in conformity with its competence, standard
and legal enactments on the use of this Law.
Article 43-1 Actions of Board on Patent Disputes
The Federal executive authority on intellectual property sets an order
for filing oppositions and applications with the Board on Patent Disputes
and an order of their consideration.
Decisions of the Board on Patent Disputes taken on oppositions and
applications, filed in the order set forth in Articles 13, 19-2, 22, 28,
29, 34, 42 and 42-1 of this Law shall be approved by the Head of the Federal
executive authority on intellectual property and shall come into force
from the date of their approval and may be appealed in Court in conformity
with the applicable legislation of the Russian Federation.
Article 44 Fees
Fees shall be charged for legally significant acts having to do with
registration of trademarks, registration, and grant of the right to use
appellations of origin.
The list of acts for which fees are charged, their amounts, the order
and time limits for payment and the grounds for refund of fees shall be
determined by the Government of the Russian Federation.
Article 45 Hearing Disputes Related to Implementation of this Law
1. Disputes related to the implementation of this Law shall be heard
following a procedure set forth in the legislation of the Russian Federation
by a court, including disputes over:
- infringement of the exclusive right to a trademark;
- termination of legal protection of a collective mark ahead of time due
to its use on the goods which do not possess common qualitative and other
common properties;
- conclusion and implementation of license contracts and contracts of
assignment exclusive rights to trademarks (contract on assignment of a
trademark);
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- illegal use of an appellation of origin.
Article 46 Responsibility for Illegal Use of Trademark and Appellation
of Origin
1. Any use of a trademark or an appellation of origin or a sign or a name
similar to a trademark or appellation of origin for similar goods in
contravention of Paragraph 2 of Article 4 or Paragraph 2 of Article 40
of this Law shall entail civil, administrative or criminal responsibility
under the law of the Russian Federation.
2. Civil rights may be also protected against illegal use of a trademark,
apart from the request of injunction to stop the infringement or damages
through:
- publication of a court order with the aim of restoring goodwill of the
injured party;
- removal from the goods or their packages of the illegally used trademark
or a sign confusingly similar to it, or destruction at the expense of
an infringer of counterfeited goods, labels, packages, if it is impossible
to remove an illegally used trademark or confusingly similar to it except
for the cases when these counterfeited goods, labels and packages shall
be appropriated by the State or handed over to the right holder on his
application to compensate for the damage or with the purpose of their
further destruction.
3. A person illegally using a registered appellation of origin or a sign
confusingly similar to it shall be obliged, at the request of the holder
of the certificate attesting to the right to use this appellation of origin,
a state authority, a public organization, or a public prosecutor:
- to stop its use and pay damages in conformity with the Civil Law;
- to publish the court order with the aim of restoring goodwill of the
injured party;
- to remove from counterfeited goods, labels or their packages the illegally
used appellation of origin or a sign confusingly similar to it, or to
destroy counterfeited goods, labels and packages if it is impossible to
remove illegally used appellations of origin or a sign confusingly similar
to it.
4. The right holder and the certificate holder of the right to use the
appellations of origin of the goods, instead of making an infringer
illegally using a trademark or appellation of origin pay for the damage
shall be entitled to the right to require monetary compensation appointed
by a Court at the rate of 1 thousand to 50 thousand minimal wages set
forth by the Federal Law.
5. A person using a precautionary marking in respect of a trademark or
30
appellation of origin unregistered in the Russian Federation shall bear
the responsibility following a procedure set forth in the legislation
of the Russian Federation.
Article 47 Rights of Foreign Legal Entities and Natural Persons
Foreign legal entities and natural persons shall enjoy the rights provided
for in this Law on a par with legal entities and natural persons of the
Russian Federation by virtue of international treaties to which the Russian
Federation is a party or on a reciprocity basis.
The right to register appellations of origin in the Russian Federation
shall be granted to legal entities and natural persons of the countries,
which grant the same right to legal entities and natural persons of the
Russian Federation.
Article 48 International Treaties
If an international treaty to which the Russian Federation is a party
set forth rules other than those set forth in this Law, the rules of such
international treaty shall apply.
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FINAL AND TRANSITION PROVISIONS SET FORTH BY ARTICLES 2 AND 3 OF THE FEDERAL
LAW ON DECEMBER 11, 2002 # 166-FL “ON INTRODUCING CHANGES AND AMENDMENTS
INTO THE LAW OF THE RUSSIAN FEDERATION “ON TRADEMARKS, SERVICE MARKS AND
APPELLATIONS OF ORIGIN OF THE GOODS””
Article 2
The following transition provisions shall be used in respect to
applications for the registration of a trademark, service mark,
applications for registration and grant of the right to use appellation
of origin of the goods, applications for grant of the right to use the
registered appellations of origin filed before the date of entrance into
force of this Federal Law, and also in respect of the trademarks and service
marks registered before the date this Federal Law entered into force:
1) applications for the registration of a trademark, service mark,
applications for the registration and grant of the right to use appellations
of origin of the goods, applications for granting the right to use the
registered appellation of origin of the goods, consideration of which
has not been completed before this Federal Law entered into force, shall
be handled by the Federal executive authority on intellectual property
in the order set forth by this Law;
2) oppositions and complaints and applications whose consideration has
not been completed by the Board of Appeals of the Russian Patents and
Trademarks Office (hereinafter “Board of Appeals”) and the Supreme Patent
Board of the Russian Patents and Trademarks Office (hereinafter “Supreme
Patent Board”) before the date of entering into force of this Federal
Law, shall be adjudicated by them before the foundation of the Board of
Patent Disputes. In the case where consideration of the above oppositions,
complaints and applications has not been completed prior to the foundation
of the Board on Patent Disputes, after the foundation of the Board on
Patent Disputes, shall be adjudicated by the Board on Patent Disputes.
The oppositions that were filed after the Federal Law came into force,
shall be adjudicated by the Board of Appeals prior to the foundation of
the Board on Patent Disputes. In the case where adjudication of the above
oppositions has not been completed before the foundation of the Board
on Patent Disputes, after its foundation shall be tried by the Board on
Patent Disputes.
While considering, in conformity with this Article, the oppositions and
complaints mentioned in Subparagraphs 1 and 2 of this Paragraph by the
Board of Appeals, Supreme Patent Board and the Board on Patent Disputes,
requirements shall be used, set forth by the legislation valid as of the
filing date of an application.
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When the Supreme Patent Board and the Board on Patent Disputes consider
the applications mentioned in Subparagraph 1 of this Paragraph, they shall
use provisions of the legislation valid as of the filing date of the
application with the Supreme Patent Board.
The actions, taken on the results of considering the oppositions,
complaintsandapplications,mentionedinthisParagraph,shallbeapproved
by the Head of the Federal executive authority on intellectual property,
shall enter into force from the date of their approval and an appeal may
be lodged with the Court under the legislation of the Russian Federation.
3) The requirements set by the legislation valid as of the date of filing
an application shall be used to the signs, applied for registration before
the date of entering into force of this Federal Law;
4) The terms of opposition and recognition as invalid the grant of legal
protection for trademarks and service marks, set forth in this Federal
Law, shall be used to the registered trademarks and service marks, whose
period of validity, set forth by the previous legislation to recognize,
on corresponding grounds as invalid the registration of trademarks or
service marks, has not expired as of the date of entrance into force of
this Federal Law.
Article 3
The President of the Russian Federation and the Government of the Russian
Federation shall bring their legislative enactments in accord with this
Federal Law.