On Trademarks, Service Marks And Appellations Of Origin

Original Language Title: О товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров

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Overtaken by Federal Law from 18.12.2006 N 231-FZ A A C About Trademarks, Service Marks, and Names of Origin of Goods class="ed">(In the Federal Law of 11.12.2002) N 166-FZ) This Law regulates relations arising from legal protection and use of trademarks, service marks and place names. (In the wording of Federal Law of 11.12.2002) N 166-FZ) A D E L I CONDUCT SIGNS AND SERVICE SIGN Chapter 1. SERVICE SIGNS AND SIGNS, THEIR LEGAL PROTECTION Article 1. Trademarks and service mark Trademarks and service mark (hereafter referred to as a trademark)-symbols for the individualization of goods, performed works or services (hereinafter referred to as goods) or natural persons. (...) (...) N 166-FZ Article 2. Trademarks 1. The legal protection of the trademark in the Russian Federation is provided on the basis of its state registration (hereinafter-registration) in accordance with the procedure established by this Law or in force of international agreements of the Russian Federation. Federation. (In the wording of Federal Law No. N 166-FZ 2. The right to a trademark is protected by law. 3. A holder of the exclusive right to a trademark (right holder) may be a legal person or an individual carrying out a business activity. (...) (...) N 166-FZ) Article 3. Certificate in the trademark 1. The registered mark shall be issued with a trademark symbol. 2. The certificate attindicates to the priority of the trademark, the exclusive right to the trademark in respect of the goods specified in the certificate. In the wording of the Federal Law of 11 December 2002, N 166-FZ) Article 4. A trademark exclusive 1. The holder is entitled to use the trademark and to prohibit the use of trademark by other persons. No one can use a trademark protected in the Russian Federation without the permission of the right holder. 2. A violation of the exclusive right of the right holder (the illegal use of a trademark) is recognized as being used without his permission in the Russian Federation civil turnover in the territory of the Russian Federation or similar to the degree of mixing The designation of the goods for which the trademark is registered or uniform, including the placement of a trademark or similar to the degree of blend of the symbol: on goods, labels, the packaging of these goods, which are produced, are offered for sale, are sold, are displayed at exhibitions and fairs or otherwise entered into the territory of the Russian Federation, are stored and (or) are transported for that purpose, or are imported into the territory of the Russian Federation; work, service delivery; on documentation related to the introduction of goods in civil turnover; in offers for the sale of goods; on the Internet, in particular in the domain name and other addressing methods. Products, labels, packages of these goods that are illegally used or similar to the degree of blend are counterfeit. (Article in the wording of the Federal Law of 11.12.2002 N 166-FZ) Article 5. Trademarks 1. Trademarks, visual, 3-D, and other symbols or combinations may be registered as trademarks. 2. The trademark can be registered in any color or color combination. Article 6: The absolute reason for refusing to register 1. Registration is not permitted as trademarks of non-distinctive or only elements: common usage for goods of a certain type; are common symbols and terms; characterizing products, including their appearance, quality, quantity, quality, destination, value, and time, place, mode of production or marketing; is a form of goods that is defined exclusively or in the main form by the property or by the purpose of the goods. The elements referred to in paragraphs 2 to 5 of this paragraph may be included as unsecured items in the trademark if they do not dominate the item. The provisions of this paragraph shall not apply to symbols that have become distinct from their use. 2. In accordance with the international treaty of the Russian Federation, registration is not permitted as trademarks of the State emblems, flags and other state emblems. short or full names of international intergovernmental organizations, their emblems, flags and other emblems, official control, guarantee and gift marks, seals, awards and other distinctions, or similar to the degree of mixing symbols. Such elements may be included as unsecured items in the trademark, if so agreed by the competent authority. 3. Registration is not permitted as trademarks of symbols that are or contain elements: which are false or able to mislead the consumer of the product or its manufacturer; contrary to the public interest, the principles of humanity and morality. 4. Registration is not permitted as trademarks of symbols, identical or similar to the degree of mixing with official names and images of particularly valuable objects of the cultural heritage of the peoples of the Russian Federation or objects. The world cultural or natural heritage, as well as images of cultural property held in collections, collections and foundations, if such registration is requested in the name of non-owners (owners) and without consent owners or persons authorized to do so on the registration of such property symbols as trademarks. 5. In accordance with the international treaty of the Russian Federation, registration in the Russian Federation is not permitted as trademarks that represent or contain elements that are protected in one of the States Parties. of the said international instrument as symbols identifying the wine or alcohol as occurring from its territory (produced within the boundaries of the geographical object of that State) and having a special quality, reputation or other characteristics, which are primarily determined by their origin, if any Trademarks are intended to indicate wines or spirits not taking place from the territory of this geographical object. (Article in the wording of Federal Law dated 11.12.2002 N 166-FZ) Article 7. Other grounds for refusal of registration 1. They may not be registered as trademarks, identical or similar to: are trademarks of other persons registered for registration (unless they are withdrawn) or protected in the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation goods. Registration as a trademark in respect of uniform goods is permitted only with the consent of the right holder to the degree of mixing with trade mark referred to in the second or third paragraph of this paragraph. 2. They may not be registered as trademarks in respect of any goods, whether they are identical or similar to the extent of mixing with the names of the place of origin of the goods protected under this Act, except If these symbols are included as unsecured items in trademarks, registered in the name of the persons entitled to the use of such names. 3. Cannot be registered as trademarks of symbols, identical: the company name (s) protected in the Russian Federation (its parts) in respect of homogeneous goods, industrial designs, conformity, rights to in the Russian Federation that have appeared in other persons earlier than the date of the priority of the registered trademark; the name of the famous Russian Federation at the date of submission of the application of the work of science, literature or art, the character or quotation from such work, work of art or its fragment without the consent of the copyright holder or his successor, if the rights to these works have previously occurred on the date of the priority of the registered trademark; name, name, pseudonym or derivative thereof, portrait and facsimile known on the date of application of the person without the consent of the person or his heir. (Article in the wording of Federal Law from 11.12.2002 N 166-FZ Chapter 2: REGISTRATION OF THE PREVENT SIGN Article 8. Trademarks Registration Request 1. The application for registration of the trademark (hereinafter referred to as the application form) is submitted to the federal executive body on intellectual property by a legal entity or an entrepreneurial activity by an individual (from -The applicant). 2. The administration of the federal executive authority over intellectual property may be conducted by the applicant, the right holder, another interested person, or through a patent attorney registered in the Federal Republic. the executive branch of intellectual property. Foreign legal entities or permanent residents outside the Russian Federation or their patent attorneys conduct affairs with the federal executive body on intellectual property through the intellectual property of patent attorneys registered in the federal executive authority. The powers of the patent attorney are authenticated by a power of attorney issued to him by the applicant, the right holder or other interested person. A citizen of the Russian Federation who permanently resides in its territory may be registered as a patent attorney. The Government of the Russian Federation determines other requirements for the patent attorney, the procedure for its certification and registration, and the authority to conduct legal protection of trademarks. 3. The application is submitted to a single trademark. 4. The claim must contain: declaration of registration of a symbol as a trademark with an indication of the applicant, as well as its location or place of residence; declaration; list of goods, in The registration of a trademark and which are grouped under the classes of the International Classification of Goods and Services for Registration of Marks; description of the claim. The Application is submitted in Russian. The application is signed by the applicant, in case of application through the patent attorney or patent attorney. 5. The application must be accompanied by: a document confirming the payment of the fee for the application in the prescribed size; of the collective mark if the application is submitted for registration of the collective character. The Documents attached to the requisition are presented in Russian or another language. If the documents are in another language, the application shall be accompanied by a Russian translation. The translation into Russian may be submitted by the applicant not later than two months from the date on which the federal executive authority on intellectual property is notified of the need to comply with this requirement. 6. The date of application to the federal executive body on intellectual property is the date of receipt of the documents referred to in paragraphs 2 to 4 of paragraph 4 of this article or, if the documents are not submitted at the same time, the date on which the last document was received. 7. After submitting an application to the federal executive body on intellectual property, any person is entitled to review the application documents contained in the application on the date of its submission. The procedure for familiating with the documents of the application is established by the federal executive body on intellectual property. 8. Requirements for documents are set by the federal executive body on intellectual property. (In the wording of Federal Law dated 11.12.2002 N 166-FZ) Article 9. Trademarks Priority 1. The trademark priority is set at the date of the application to the federal executive branch of the Intellectual Property Office. (In the wording of Federal Act No. N 166-FZ) 2. The priority of a trademark may be established by the date of the first application in the State party to the Paris Convention on the Protection of Industrial Property (Convention Priority) if the submission of the application to the federal authority The executive branch of the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of In the wording of the Federal Law of 11 December 2002, N 166-FZ) 3. The priority of a trademark placed on exhibits of official or officially recognized international exhibitions organized in the territory of one of the States Parties to the Paris Convention on the Protection of Industrial Property may be set on the date of the opening of the exhibit at the exhibition (exhibition priority) if the application to the federal body of the executive branch on intellectual property is completed within six months with the specified date. (In the wording of Federal Law of 11.12.2002) N166-FZ) 4. A applicant who wishes to exercise the right of a Convention or Exhibition priority is obliged to indicate this when applying for a trademark or within two months from the date of application of the application to the Federal Authority of the executive branch) and attach the necessary documents confirming the validity of the claim, or submit these documents within three months from the date on which the application was received class="ed"> Federal Executive Office for Intellectual Property (In the wording of Federal Law No. N 166-FZ) 5. The priority of the trademark for the application submitted by the applicant pursuant to article 10, paragraph 6, of this Law (hereinafter referred to as the application) on the basis of another application from the applicant to the same denomination (hereinafter referred to as the original application) shall be established by the date of submission to the federal executive branch of intellectual property of the original application, subject to the right to establish an earlier priority on the original application, at the date of that priority, if at the date of submission of the application application has not been withdrawn and is not considered withdrawn and submitted the selected application was made before the decision on the original application was taken. (Supplementing Federal Law of 11 December 2002) N 166-FZ)6. In the event that different applicants have applications for identical trademarks that have the same priority date, with respect to overlapping or partial lists of goods, on the basis of an agreement between the claimants, the registration of the declared A trademark of the goods mark for goods on which the lists are identical may be registered in the name of one of them. In the case where the same priority date is identical to the same date of the priority list, the same applicant has registered the same applicant, the trademark registration with respect to the same item. goods may be produced for one of the applicant's selected applications. Within six months from the date of receipt of the notification, the claimants (the Claimant) must report on their agreement (s) on which application is requested to register the trademark. If, within a fixed period of time, the federal executive body on intellectual property does not receive the said communication or an application for an extension of the deadline, the application shall be recognized withdrawn. (The paragraph is added to the Federal Law of 11.12.2002). N 166-FZ) 7. The priority of the trademark may be fixed according to the date of international trademark registration in accordance with the international agreements of the Russian Federation. Article 10. Trademarks 1. The examination of the application is carried out by the federal body of the executive branch on intellectual property and includes a formal expert examination and examination of the declared symbol. (In the wording of Federal Law of 11.12.2002) N 166-FZ 2. During the period of examination of the application, the applicant has the right to supplement, refine or correct the material of the application prior to its decision. In the wording of the Federal Law of 11 December 2002, N 166-FZ) If the supplementary material contains a list of goods not specified in the application on the date of its submission, or significantly changes the nominated designation, such additional material is not The applicant shall be accepted and may be registered as an independent application. (...) (...) N 166-FZ) 3. The modification of the applicant in the assignment of the right to the application or as a result of the change of the name of the applicant, as well as the correction of the obvious and technical errors in the application documents, may be made before the date of registration of the trademark. (Supplementing Federal Law of 11.12.2002) N 166-FZ 4. At the time of the examination, the federal executive body on intellectual property has the right to request additional material from the applicant, without which it is impossible to carry out an expert examination. (In the wording of Federal Law of 11.12.2002) N 166-FZ) (para. N166-FZ) Additional material that contains a list of goods not specified in the application on the date of submission, or significantly changes the declared designation, is subject to the order established by the paragraph 2 of this article. (Supplementing Federal Law of 11.12.2002) N166-FZ)Additional materials on request for expertise should be submitted within two months of the applicant's receipt of such request or copies of the materials specified in the request for expertise, the condition that the copy data was requested by the applicant within one month from the date of receipt of the request for expertise. In the event that the applicant does not submit the requested additional material or an application for an extended period of time within the specified period, the application shall be recognized as withdrawn. At the request of the applicant, the prescribed deadline for a request for examination may be extended by the federal executive branch of the executive branch for intellectual property for a maximum of six months. Subject to the confirmation of legitimate reasons for failure to comply, it may be extended by more than six months by the federal executive body on intellectual property. (Supplementing Federal Law of 11.12.2002) N 166-FZ) 5. The application may be withdrawn at the request of the applicant at any stage of its review, but not later than the date of the trademark registration. 6. At the time of the examination of the application before a decision is taken, the applicant has the right to submit an application containing a list of the goods specified in the original application on the date of submission to the federal executive authority Intellectual property and non-homogeneous products whose list remains in the original application. (Supplementing Federal Law of 11.12.2002) N 166-FZ) Article 11. Formal forensics 1. A formal review of the application is carried out within one month from the date of its submission to the federal executive body on intellectual property. 2. In the course of the formal review, the required documents are checked and their compliance with the requirements established. As a result of the formal review, the application shall be taken up for consideration or a decision is taken to refuse to consider it, as to which the applicant is notified. 3. At the same time as the notification of the positive result of the formal examination of the application, the applicant is informed of the date of application prescribed in article 8, paragraph 6 of this Law. Federal Law of 11.12.2002 N 166-FZ) Article 12. The examination of the declared symbol 1. The evaluation of the designated symbol is carried out following the completion of the formal review. (In the wording of Federal Law of 11.12.2002) N 166-FZ) During the examination, the claim is checked against the requirements of articles 1, 6 and paragraphs 1 and 2 of article 7 of this Law, and establishes the priority of the goods character. (In the wording of Federal Law of 11.12.2002) N 166-FZ 2. According to the results of the examination, a decision is made to register the trademark or refuse to register it. 3. Before a decision is taken on the results of the examination of the declared symbol, a notification may be sent to the applicant in writing of the results of the verification of conformity of the claim with the requirements set out in paragraph 1 of this paragraph. Articles, with a proposal to submit reasons for the reasons given in the notification. The arguments of the applicant shall be taken into account when deciding on the results of the examination of the claim, if such arguments are submitted within six months of the date on which the notice was given to the applicant. (Supplementing Federal Law of 11.12.2002) N 166-FZ) 4. The decision to register a trademark may be reviewed by the federal executive authority on intellectual property before the registration of a trademark in connection with: the receipt of an application having more than an early priority in accordance with article 9 of this Law, whether it is equated to or similar to the degree of mixing with respect to homogenous goods; registration as the name of the place of origin of the symbol, or similar to the degree to which it is identical confusion; identification of the application containing an identical trademark, or identification of a protected trademark symbol for overlapping or partial lists of goods, with the same or earlier priority a sign; satisfaction of the application to modify the applicant resulting in the possibility of a consumer being misled about the product or its manufacturer in the event of the registration of the declared designation as goods sign. (Paragraph in the Federal Law of 11 December 2002. N 166-FZ) Article 13. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Request and Recovery { \cs6\f1\cf6\lang1024 } In the event of disagreement with the decision taken on the basis of the formal review of the application, the refusal of acceptance of the application, or the decision taken on the results of the examination of the claim or the decision to accept the application withdrawn The applicant may submit an objection to the Patent Chamber within three months from the date of receipt of the relevant decision or of the copies of the counterclaim requested from the federal executive branch on intellectual property. by the claimant for a month from the date of receipt solution. 2. The timescales provided for in article 10, paragraph 4, of this Law and paragraph 1 of this article and omitted by the applicant may be reinstated by the federal authority on the application of the applicant for intellectual property. Not later than two months after their expiry, subject to the confirmation of valid reasons and payment of the duty. This application shall be submitted to the federal executive body on intellectual property at the same time as the additional material requested by the expert examination or an application for an extension of their submission, or at the same time as an objection to the Patent Chamber. 11.12.2002 N 166-FZ) Article 14. Register a trademark Based on a decision to register a trademark of the federal executive authority on intellectual property within one month from the date of receipt of the payment document. The duty is registered by the trademark in the State Register of Trademarks and Service Marks of the Russian Federation (hereinafter referred to in this section-Roster). A trademark, information about rights holder, the date of the trademark priority and the date of its registration, the list of goods for which the trademark is registered, other particulars relating to the registration of the goods and subsequent changes to this information. (In the wording of Federal Law of 11.12.2002) N 166-FZ) If a document confirming the payment of the trademark registration fee and the issuance of the certificate is not provided in the prescribed manner, registration of the trademark is not made, The application is recognized as withdrawn. (Part of padded-Federal Law of 11.12.2002 N 166-FZ) Article 15. Issue a trademark certificate 1. The issuance of a certificate for the trademark is produced by the federal executive branch of the intellectual property within month from the date of registration of the trademark in the Register. class="ed"> (In the wording of the Federal Law of 11.12.2002) N 166-FZ 2. The form of the certificate and the information contained therein shall be established by the federal executive body on intellectual property. (In the wording of Federal Act No. N 166-FZ) Article 16. Login validity period 1. Registration of a trademark is valid until the expiry of ten years, from the date of application to the federal executive authority on intellectual property. (...) (...) N 166-FZ 2. The validity of a trademark registration may be extended by an application from the rights holdersubmitted in the course of the last year of its validity every 10 years. (In the wording of Federal Law of 11.12.2002) N 166-FZ) At the request of the rights holder to extend the period of registration of a trademark, it may be granted a six-month period after the expiry of the registration period Payment of an additional duty. (In the wording of Federal Law of 11.12.2002) N 166-FZ) 3. The record of the extension of the trademark registration is made by the federal executive authority on intellectual property in the Register and the trademark certificate. (In the wording of Federal Law of 11.12.2002) N 166-FZ) Article 17. Make changes to registration 1. The holder shall notify the federal executive branch of the intellectual property of the change of its name, surname, first name or patronymic, to reduce the list of goods in respect of which the trademark is registered. A change in the individual items of a trademark not changing its substance, other changes relating to the registration of a trademark. In the case of a challenge to the provision of legal protection to the goods mark on the grounds and in the manner prescribed by article 28 of this Law, from the registered trademark registration with the application A separate registration of such a trademark may be made for the right holder for one commodity or part of the goods not homogenous with the goods, the list of which remains in the original registration. The application may be filed by the right holder before a decision is taken on the outcome of the dispute concerning the trademark registration. Changes related to the registration of a trademark are entered in the Register and Certificate of Trademark, subject to the payment of the corresponding duty. 2. The federal executive body on intellectual property may amend the Register and the trademark for the correction of obvious and technical errors. Federal Law of 11.12.2002 N 166-FZ) Article 18. The publication of the registration information The registration of a trademark and registered on the Register under Article 14 of this Law is published by the Federal Executive The official bulletin immediately after the registration of a trademark in the or Register of Changes to the trademark registration. (In the wording of Federal Law of 11.12.2002) N 166-FZ) Article 19. Registration of a trademark in foreign countries Legal and natural persons of the Russian Federation have the right to register a trademark in foreign countries or to make its international registration. The application for international registration of a trademark is submitted through the federal executive body on intellectual property. (In the wording of Federal Law No. N 166-FZ) Chapter 2-1. SECONDARY UNITARMS, ITS LEGAL PROTECTION (Chapter added to the Federal Law of 11.12.2002) N 166-FZ)Article 19-1. The well-known trademark 1. According to a legal or natural person known in the Russian Federation, a trademark may be recognized on the territory of the Russian Federation on the basis of its registration, trademark protected in the territory of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION or symbols as a result of their intensive use of steel for the The date in the Russian Federation is widely known among the relevant consumers in respect of the goods of that person. Trademark or symbol may not be recognized as a well-known trademark if they have become widely known after the date of priority of equal or similar to that of another person's intended mark. for homogeneous goods. 2. The legal protection provided for by this Law for the trademark is provided to the well-known commercial mark. In recognition of a well-known trademark of an already registered trademark, the legal protection of such a well-known trademark is also extended to goods other than those for which it is recognized. commonly known, provided that the use by another person of the trademark in respect of the items in question will be associated with consumers with the right holder and may prejudice its legitimate interests. (Article supplemented-Federal Law dated 11.12.2002 n 166-FZ)Article 19-2. Provision of legal protection to well-known mark 1. The legal protection of a well-known trademark is made on the basis of a decision of the Chamber of Patent Disputes, adopted on the application filed in accordance with the first paragraph of Article 19-1 of this Law. 2. The trademark, known to all, is made by the federal executive body on intellectual property in the list of well-known trademarks in the Russian Federation (hereinafter-the List). 3. The issuance of a certificate for a well-known trademark is carried out by the federal executive authority on intellectual property within one month from the date of the trademark registration on the List. The form and composition of the certificate shall be established by the federal executive body on intellectual property. 4. The information relating to the well-known trademark is published by the federal executive body on intellectual property in the official bulletin immediately upon their listing. 5. The legal protection of a well-known trademark operates indefinitely. 11.12.2002 N 166-FZ Chapter 3. COLLECTIVE SIGN Article 20. The right to the collective sign 1. In accordance with the international treaty of the Russian Federation, the association of persons whose establishment and activities do not contradict the legislation of the State in which it is established is entitled to register a collective sign in the Russian Federation which is a trademark for goods that are produced and/or sold by the persons in the association with the same quality or other common characteristics. (...) (...) N 166-FZ 2. The collective mark and the right to use it shall not be transferred to other persons. Article 21. Register a collective character 1. The application for registration of the collective character is accompanied by the constitution of the collective character, which contains the name of the association, which is authorized to register the collective sign in its name, the list of personsauthorized to use The purpose of this sign, the purpose of its registration, the list and the common quality or other common characteristics of the goods to be identified by the collective mark, the conditions for its use, the procedure for monitoring its use, and the liability for violation of the statute of the collective character. (In the wording of Federal Law of 11.12.2002) N 166-FZ) 2. The Register and the collective mark shall, in addition to the information provided for in article 14 of this Law, provide information on persons entitled to use the collective mark. This information, as well as an extract from the Charter of the collective agreement on the uniform quality and other common characteristics of goods for which this mark is registered, is published by the federal executive body Property in the Official Gazette. The holder of the collective mark shall notify the federal executive of the intellectual property of the changes to the constitution of the collective character. (...) (...) N 166-FZ)3. In the case of the use of a collective sign in goods that do not have common quality or other common characteristics, the legal protection of the collective character may be terminated in whole or in part by a decision of the court A statement by any person. (...) (...) N 166-FZ 4. The collective sign and application for its registration may be converted into a trademark and the application for registration of the trademark and vice versa. The procedure for such change shall be established by the federal executive body on intellectual property. (Supplementing Federal Law of 11.12.2002) N 166-FZ) Chapter 4: USE OF THE ONLY Article 22. Use of the trademark and the effect of it not use 1. The use of a trademark is considered to be the use of the trademark on goods for which the trademark is registered and (or) their package by the right holder or the person to whom the right is granted on the basis of the licence agreement in in accordance with article 26 of this Law. (In the wording of the Federal Act of 11 December 2002, N 166-FZ) The use of a trademark in advertising, printed publications, official forms, signboards, exhibits at exhibitions and fairs held in the Russian Federation may also be recognized. if there is a valid reason for not to use a trademark on the goods and/or their packaging. 2. Legal and natural persons mediating may, on the basis of a contract, use their trademark, together with the trade mark of the manufacturer, and instead of the mark of the latter. 3. The legal protection of a trademark may be terminated early in respect of all or part of the goods in connection with the non-use of the trademark for any period of three years following its registration. The application for early termination of the legal protection of a trademark in connection with its non-use may be filed by any person to the Patent Disputes Chamber after the three years provided, provided that the trademark is not used before submission the statement. Evidence of the use of a trademark is represented by the right holder. For the purposes of this paragraph, the use of the trademark is also recognized as being used to modify individual elements of a trademark that do not change its substance. When resolving the issue of early termination of the legal protection of a trademark in relation to its non-use, it may be taken into account the evidence submitted by the right holder that the trademark has not been used for reasons beyond control. under the circumstances. (The paragraph in the wording of Federal Law of 11.12.2002) N 166-FZ) Article 23. Exhaustion of rights based on registration trademarks Registration of a trademark does not give the right holder the right to prohibit the use of this trademark by other persons in respect of goods, In the Russian Federation, which was entered into civilian traffic in the territory of the Russian Federation directly by the right holder or with its consent. (...) (...) N 166-FZ) Article 24. The pre-emptive marking The holder may bear a warning mark in the form of the Latin letter "R" or the Latin letter "R" in the circle (R) or the word "R". "Trademark" or "registered trademark"indicating that the symbol used is a trademark of the Russian Federation. (In the wording of Federal Law dated 11.12.2002 N 166-FZ) Chapter 5: EXPLOSION OF EXCEPTIONS ON A PRODUCED SIGN (Name of chapter as amended by Federal Law of 11.12.2002). N 166-FZ) Article 25. Transfer exclusive right to trademark (trademark assignment) (Title of article in Federal Law dated 11.12.2002 N 166-FZ) A trademark exclusive right to a trademark in respect of all or part of the goods for which it is registered may be transferred to the right holder to another legal person or operator Business to an individual under a contract for the transfer of the exclusive right to a trademark (a contract of assignment of a trademark). (...) (...) N 166-FH) The assignment of a trademark is not permitted if it may cause a consumer confusion regarding the product or its manufacturer. Article 26. To grant a license to use a trademark The right to use a trademark can be granted by a right-owner (licensor) to another legal person or The business activity of a natural person (licensee) under the licence contract for all or part of the goods for which it is registered. (In the wording of Federal Law of 11.12.2002) N 166-FZ) The licence contract must contain a condition that the quality of the licensee's goods will be no less than the quality of the licensor's goods and that the licensor will control the fulfilment of this condition. Article 27. Registration of treaties The contract for the transfer of exclusive trademark rights (the contract of assignment of a trademark) and the license agreement shall be registered in the Federal Executive Property. Without this registration, the said contracts shall be deemed null and void. The procedure for registering these treaties is established by the federal executive authority on intellectual property. (Article in the wording of Federal Law dated 11.12.2002 N 166-FZ) Chapter 6: DETERMINATION OF THE LEGAL PROTECTION Article 28. Challenging and invalidating Provide legal protection to a trademark 1. The provision of legal protection to a trademark may be contested and found to be invalid: 1), in whole or in part, throughout the duration of the legal protection, if it has been granted in violation of the requirements established by the law. Articles 6 and 7, paragraph 3, of this Law, or within five years from the date of publication of the trademark registration in the Official Gazette if it was granted in violation of the requirements of article 7, paragraphs 1 and 2, of this Law; (2) fully throughout the duration of the legal protection, if any is provided with a violation of the requirements set out in article 2, paragraph 3, of this Law; 3) for the entire duration of the legal protection, if it has been made available to the agent or representative of the person who is The holder of the exclusive right to this trademark in one of the States Parties to the Paris Convention for the Protection of Industrial Property, in violation of the requirements established by the Convention; 4) in whole or in part the duration of the period of validity of the legal protection, if the registration of the goods The right holder's action is recognized in an act of unfair competition in the manner prescribed by law. 2. The provision of legal protection to a well-known commercial character in the Russian Federation may be contested and declared null and void, in whole or in part, throughout the duration of the legal protection if it has been granted in violation of the law. the requirements laid down in article 19, paragraph 1, of this Law. 3. Any person may apply to the Chamber of Patent Disputes within the time and on the grounds provided for in paragraphs 1 and 2 of paragraph 1 of this article, objection to the granting of legal protection to the trademark. The objection to the provision of legal protection to the goods mark on the basis referred to in paragraph 1 (3) of this article shall be submitted by the holder of the exclusive right to the trademark in one of the States. The Paris Convention on the Protection of Industrial Property in the Patent Chamber. The objection to the granting of legal protection to a well-known trademark in the Russian Federation on the basis of paragraph 2 of this article may be submitted by any person to the Patent Chamber. Application for legal protection of a trademark null and void on the basis of a decision taken in the manner provided for in paragraph 1 (4) of this article is submitted by any person to the federal executive body authorities on intellectual property. 4. The provision of legal protection to a trademark is void, in whole or in part, by a decision taken on an objection or application filed in accordance with paragraph 3 of this article. (Article as amended by Federal Law of 11.12.2002). N 166-FZ)Article 29. Terminating the legal protection of the trademark 1. The legal protection of the trademark ceases to be: due to the expiry of the trademark registration; on the basis of the court's decision on early termination of the legal protection of the collective character in the court. the use of this mark on products that do not have uniform quality or other uniform characteristics, in accordance with article 21, paragraph 3, of this Law; the termination of the legal protection of the trademark in connection with its non-use in the Article 22, paragraph 3, of this Law; , pursuant to the decision of the federal executive body on intellectual property to terminate the legal protection of a trademark in the event of the dissolution of the legal order The owner or termination of the business of the right holder; if the right holder fails; , based on a decision taken on the Patent Disputes Chamber Any person's application for early termination of the legal protection of the trademark In case of a registered trademark, the symbol that has been incorporated into the universal use as the designation of the goods of a certain type. 2. The legal protection of the well-known trademark ceases on the basis of the paragraphs (fourth) to (seventh) of paragraph 1 of this article, as well as on the basis of a decision of the Chamber of Patent Disputes in case of loss of a well-known trademark The first paragraph of article 19-1 of this Law. (Article as amended by Federal Law from 11.12.2002 N 166-FZ) P D E II NAME OF ORIGIN OF GOODS UNDER ORIGIN Chapter 7. DESIGNATION OF EDUCATION METHODOLOGY AND ITS LEGAL PROTECTION Article 30. The name of the origin of the product 1. The name of the place of origin of the goods is a symbol consisting of either the modern or historical name of the country, locality, place or other geographical object (hereinafter referred to as the geographical object) or derived from such designation and become known as a result of its use in respect of a product whose special properties are exclusively or primarily determined by the natural conditions of the geographical object and (or) human factors. (...) (...) N 166-FZ 2. Not recognized as the place of origin of the goods, although the name is or containing the name of the geographical object but which is included in the Russian Federation as a product of a certain type; associated with the place of manufacture. Article 31. Legal security 1. The legal protection of the name of the place of origin of the goods in the Russian Federation arises on the basis of its registration in accordance with the procedure established by this Law or in force of international agreements of the Russian Federation. 2. The name of the place of origin shall be protected by law. 3. The name of the place of origin of the goods may be registered by one or more legal entities or individuals. A person who registers the name of the place of origin of the goods shall be entitled to use it if the goods produced by the person meet the requirements set out in article 30, paragraph 1, of this Law. The right to use the same name of place of origin can be granted to any legal or natural person who, within the same geographical object, produces the same goods basic properties. (...) (...) N166-FZ) 4. The registration of the place of origin of the goods is valid indefinitely. Chapter 8: REGISTRATION AND GRANTING RIGHTS ON THE USE OF THE NAME OF MESTA ' S LOCATION Article 32. The { \b } { \b } { \b } { \b } { \b } { \b } { \b } Applications for the registration and granting of the right to use the place of origin of the goods or application for the right to use the place of origin of the goods already registered (hereinafter referred to as the application) shall be submitted to the class="ed"> the federal executive body for intellectual property physical and/or legal person (s) himself or through a patent attorney in accordance with Article 8, paragraph 2 of this Law. (In the wording of Federal Law dated 11.12.2002 N 166-FZ 2. The application must refer to the same name of place of origin. 3. The claim must contain: Registration and entitlement to use the name of the place of origin of the goods or the right to use an already registered place name the origin of the goods, indicating the applicant (s), as well as its (their) location or place of residence; declaration; indication of the goods for which registration and entitlement are sought of the place of origin of the goods or the provision of The right to use an already registered place of origin; Specify the origin (production) of the goods (the boundaries of the geographical object); description of the special properties of the goods. The Application is submitted in Russian. Application is signed by the applicant, if the application is filed through a patent attorney or patent attorney. (Paragraph in the wording of Federal Law dated 11.12.2002 N 166-FZ)4. In case a geographical object, the name of which is declared as the name of the place of origin of the goods, is located in the territory of the Russian Federation, the application shall be accompanied by an opinion of the competent authority designated by the Government. The Russian Federation (hereinafter referred to as the competent authority) that, within the boundaries of the specified geographical object, the applicant produces goods whose special properties are determined by the natural conditions of the geographical object and (or) human factors. In the case of a geographical object whose name is declared as the name of the place of origin of the goods outside the Russian Federation, the application shall be accompanied by a document confirming the applicant's right to The declared name of the place of origin of the goods in the country of origin of the goods. The application will also be accompanied by a document confirming the payment of the application fee in the prescribed amount. The Documents attached to the requisition are presented in Russian or another language. If the documents are in another language, the application shall be accompanied by a Russian translation. The translation into Russian may be submitted by the applicant not later than two months from the date of the notification by the federal executive body on intellectual property that this requirement should be fulfilled. (Paragraph in the wording of Federal Law of 11.12.2002) N 166-FZ) 5. The date of submission of the application to the federal executive body on intellectual property is the date of receipt of the documents referred to in paragraph 3 of this article or, if the documents are not submitted simultaneously, the date The last document. (Supplementing Federal Law of 11 December 2002) N 166-FZ) 6. Requirements for documents are set by the federal executive body on intellectual property. (In the wording of Federal Law dated 11.12.2002 N 166-FZ) Article 33. Bid analysis 1. The examination of the application is carried out by the federal body of the executive branch on intellectual property and includes a formal expert examination and examination of the declared symbol. (In the wording of Federal Law of 11.12.2002) N 166-FZ 2. During the period of examination of the application, the applicant has the right to supplement, refine or correct the material of the application prior to its decision. In the wording of the Federal Law of 11 December 2002, N 166-FZ) If additional materials modify the application on the merits, these materials are not accepted and can be processed by the applicant as an independent application. 3. At the time of the examination, the federal executive body on intellectual property has the right to request additional material from the applicant, without which it is impossible to carry out an expert examination. (In the wording of Federal Law of 11.12.2002) N 166-FZ) Additional materials on request for expertise should be submitted within two months from the date of receipt by the complainant of the request. At the request of the applicant, this period may be extended, provided that the request was made before the expiry of that period. If the applicant has violated the specified time period or has left the request for examination without a response, the application shall be recognized as withdrawn. (In the wording of Federal Law of 11.12.2002) N 166-FZ) 4. A formal review of the application shall be conducted within two months from the date of its submission to the federal executive body on intellectual property. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } As a result of formal examination, the application shall be considered or decided not to accept the application for consideration. At the same time as the notification of the positive result of the formal examination, the applicant is informed of the date of application established in accordance with article 32, paragraph 5, of this Law. Federal Law of 11.12.2002 N 166-FZ) 5. According to the application, an examination of the application is carried out by examination of the declared designation for conformity with the requirements set out in article 30 of this Law. (In the wording of Federal Law dated 11.12.2002 N 166-FZ) During the examination of the declared symbol, the validity of the indication of the place of origin (production) of the goods in the territory of the Russian Federation is also verified. (Supplementing Federal Law of 11.12.2002) N166-FZ)Before a decision is taken on the results of an examination of the declared symbol, a claimant may be notified of the results of the verification of the compliance of the claimant with the requirements established by the claimant. Article 30 of this Law, with a proposal to present its reasons for the reasons given in the notification. The arguments of the applicant shall be taken into account when deciding on the results of the examination of the claim, if they are submitted within six months from the date of the notification. (Supplementing Federal Law of 11.12.2002) N 166-FZ 6. According to the results of the examination, the federal body of the executive branch takes a decision on the registration or refusal to register the name of the place of origin of the goods and on granting the right to use it. The name or the decision to grant or not to use the right of use of the place of origin already registered. (...) (...) N 166-FZ) 7. The applicant may withdraw the application at any stage of its consideration before entering the State Register of place of origin of goods of the Russian Federation (hereinafter referred to as the Register) of the registration of the name The place of origin of the goods and (or) the granting of the right to use this name. (In the wording of Federal Act No. N 166-FZ) Article 34. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Request and Recovery { \cs6\f1\cf6\lang1024 } In case of disagreement with the decision taken on the basis of the formal review of the application, the refusal of the application for consideration, or the decision taken on the results of the examination of the declared symbol or the decision to accept the application withdrawn. The applicant may submit an objection to the Patent Chamber within three months from the date of receipt of the relevant decision. 2. The timescales provided for in article 33, paragraph 3, of this Law and paragraph 1 of this article and omitted by the applicant may be reinstated by the federal authority on the application of the applicant for intellectual property. Not later than two months after their expiry, subject to the confirmation of valid reasons and payment of the duty. Such a request shall be submitted by the applicant to the federal executive branch of the Intellectual Property Office at the same time as the requested expert examination of the additional materials or the application for extension of their term of office. or at the same time as an objection to the Patent Chamber. (Article in the wording of Federal Law from 11.12.2002 N 166-FZ) Article 35. Register the origin of the origin of the goods and issue a certificate to the right of use item of origin 1. On the basis of the results decision, the federal executive body on intellectual property records the name of the place of origin of the goods in the Register. The name of the place of origin of the goods, the holder of the certificate of use of the name of the place of origin of the goods (hereinafter-the certificate), specification and the description of the special properties of the goods, shall be entered in the Register. that is registered in the name of the place of origin of the goods, other particulars relating to the registration and the granting of the right to use the name of the place of origin, the extension of the validity of the certificate, and the following: changes to this information. In the wording of the Federal Law of 11 December 2002, N 166-FZ) 2. The issuance of the certificate of entitlement to the place of origin of the goods is produced by the federal authority of the executive branch on intellectual property within a month from the date of receipt The payment of the duty. (In the wording of Federal Law of 11.12.2002) N 166-FZ) If a document confirming the payment of a fee for the right to use the name of the place of origin of the goods is not submitted in the prescribed manner, such a certificate is not is issued. (Supplementing Federal Law of 11 December 2002) N 166-FZ) 3. The form of the certificate and the information contained therein shall be established by the federal executive body on intellectual property. (In the wording of Federal Act No. N 166-FZ) Article 36. The validity of the certificate 1. The certificate shall be valid until ten years after the date of submission of the application to the federal executive authority on intellectual property. 2. The period of validity of the certificate may be extended on the basis of a declaration by the holder of the certificate and subject to the conclusion of the competent authority confirming that the holder of the certificate shall produce at the borders of the certificate concerned A geographical object that has the specified properties in the Registry. In relation to the name of the place of origin of the goods, which is the name of the geographical object located outside the Russian Federation, the holder of the certificate submits the document instead of the said conclusion. The right to use the name of the place of origin of the goods in the country of origin on the date of application for the renewal of the certificate. The renewal application shall be filed in the last year of the certificate. The validity of the certificate shall be renewed every ten years. At the request of the holder of the certificate to apply for an extension, he may be granted six months after the expiry of the certificate, subject to the payment of an additional duty. 3. The record of the renewal of the certificate is made by the federal executive body on intellectual property in the Register and the certificate. (Article in the wording of Federal Law dated 11.12.2002 N 166-FZ) Article 37. Changes to the Register and the certificate The holder of the certificate notifies the federal executive body on intellectual property of the change of its name, surname, name or patronymic, as well as other changes related to the registration and the granting of the right to use the name of the place of origin. (In the wording of Federal Law of 11.12.2002) N 166-FZ) The record of the change shall be entered on the Registry and the certificate subject to the payment of the duty. (In the wording of Federal Law of 11.12.2002) N 166-FZ) The Federal Executive on Intellectual Property is making changes to the Registry and the evidence to correct obvious and technical errors. (Part of padded-Federal Law of 11.12.2002 N 166-FZ) Article 38. Publishing registration and provisioning information right to use the place name of the product Registration and entitlement details The origin of the goods on the Register under articles 35 and 37 of this Law, except for the particulars containing the description of the special properties of the goods, shall be published by the federal executive authority on intellectual property in the Official bulletin immediately after their entry into the Register. (...) (...) N 166-FZ) Article 39. Register the name of origin goods in foreign countries 1. Legal and natural persons of the Russian Federation have the right to register the name of the place of origin of the goods in foreign countries. 2. Applications for the registration of the place of origin of the goods in foreign countries shall be made after registration and the right to use the name of the place of origin of the goods in the Russian Federation. Chapter 9: USE OF THE LOCATION NAME Article 40 SECTION . Use the location name of the product 1. The use of the name of the place of origin of the goods is considered to be used on the goods, labels, packaging, in advertising, prospectuses, invoices, forms and other documentation related to the introduction of the goods in the civilian revolution. (In the wording of Federal Law of 11.12.2002) N 166-FZ 2. It is not permitted to use the registered place of origin of the goods by persons without evidence, even if the original origin of the goods or the name is used in the translation or in combination with such expressions as "genus", "type", "imitation" and so on, as well as the use of a similar symbol for any goods that might mislead consumers about the origin and special properties of the goods (illegal use of place name of the origin of the goods). (In the wording of Federal Law of 11.12.2002, N166-FZ) Products, labels, packages of these goods that are illegally used in the name of place of origin of the goods or symbols similar to them to the degree of mixing are counterfeit. (Supplementing Federal Law of 11 December 2002) N 166-FZ) 3. The holder of the certificate shall not be entitled to grant licences to use the place of origin of the goods to other persons. Article 41. Warning marking The holder of the certificate may bear, next to the name of the place of origin of the goods, the warning marking in the form of the symbol " the registered name of the place of the origin of the goods "or" registered NMPT "indicating that the symbol used is the name of the place of origin registered in the Russian Federation. (In the wording of the Federal Act No. 11.12.2002 N 166-FZ) Chapter 10: DETERMINATION OF THE LEGAL PROTECTION OF THE SCOPE OF THE GROUND Article 42. Challenging the provision of legal security place of origin, issue of evidence and recognition invalid 1. The provision of legal protection to the name of the place of origin of the goods may be contested and found to be invalid for the duration of the legal protection if it has been granted in violation of the requirements set out in this Act. The issuance of the certificate may be contested and the certificate may be declared invalid for the duration of its validity if it has been issued in violation of the requirements laid down by this Act or with respect to recognition Invalid provision of legal security to the name of the place of origin of the goods. 2. Any person may, on the grounds provided for in paragraph 1 of this article, object to the provision of legal security for the name of the place of origin of the goods and the issue of the certificate to the Patent Chamber. 3. The provision of legal protection for the name of the place of origin of the goods and the certificate is null and void on the basis of a decision of the Chamber of Patent Disputes as well as the court ruling that has entered into force. (Article as amended by Federal Law of 11.12.2002). N 166-FZ) Article 42-1. Terminating the legal security of the place name origin of the product and certificate action 1. The legal protection of the name of the place of origin of the goods ceases in connection with: disappearance of the conditions of this geographical object and the impossibility of the production of the goods with the specified properties in the Register; loss of foreign legal or natural persons ' right to the name of the place of origin of the goods in the country of origin of the goods. 2. The certificate is terminated: due to the loss of the special properties specified in the Register of the given name of the place of origin; due to the termination of the legal protection of the place of origin of the origin of the goods; , if the legal person-holder of the certificate; on the basis of the statement by the holder of the certificate submitted to the federal executive branch on intellectual property. 3. Any person under paragraph 1 and paragraphs 2 and 3 of paragraph 2 of this article may apply to the Patent Chamber for a declaration of termination of the legal protection of the name of the place of origin of the goods and the operation of the certificate. Any person on the basis of the fourth paragraph of paragraph 2 of this article may apply to the federal executive authority on intellectual property to terminate the certificate. 4. The legal protection of the name of the place of origin of the goods and the validity of the certificate shall be terminated on the basis of a decision of the Chamber of Patent Disputes, the federal executive body on intellectual property, and which has entered into force. power of a court decision. (Article added: Federal Law of 11.12.2002 N 166-FZ) P D E L III CONCLUDING PROVISIONS Article 43. Federal Executive Office for Intellectual Property Implementing State policies and statutory functions in the area of legal protection of trademarks and The names of places of origin are assigned to the federal executive body on intellectual property. The Federal organ of the executive branch on intellectual property in the cases provided for by this Law shall, in accordance with its competence, issue regulations on the application of this Law. (The article in the Federal Law of 11.12.2002) N 166-FZ) Article 43-1. Decisions of the Patent Chamber Procedure for objections and applications to the Patent Disputes Chamber and the procedure for their consideration shall be established by the Federal Executive Property. Decisions of the Chamber of Patent Disputes, adopted on objections and applications filed in the manner provided for in articles 13, 19-2, 22, 28, 29, 34, 42 and 42-1 of this Law, are approved by the head of the federal executive body authorities on intellectual property enter into force from the date of their approval and can be appealed to the court in accordance with the law of the Russian Federation. class="doclink "href=" ?docbody= &prevDoc= 102018613&backlink=1 & &nd=102079145" target="contents "title=" "> dated 11.12.2002 N 166-FZ) Article 44. Duties: Duties are levied for legally significant actions related to the registration of the trademark, registration and the granting of the right to use the name of the place of origin. The list of actions for which duties are levied, their size, the size of the duties and the terms of payment, as well as the reasons for the return of duties are determined by the Government of the Russian Federation. ( Act of 11 December 2002 N 166-FZ) (Action st. 44 is suspended in 2003 with respect to the payment of patent fees to the Patent Office-see para. Federal Act of 24 December 2002. 176-FZ) Article 45. Disputes arising out of court Disputes arising out of the application of this Act shall be considered by the courts in accordance with their competence in accordance with the procedure established by the law of the Russian Federation, number of disputes: on the violation of the exclusive right to the trademark; on early termination of a legal protection of a collective character due to its use in goods not having a single quality or other uniform characteristics; opinion and execution license agreement and the transfer of exclusive right to a trademark (trademark assignment contract); on illegal use of place of origin name. Federal Law of 11.12.2002 N 166-FZ) Article 46. Liability for the illegal use of the trademark and place name origin 1. The use of the trademark and the name of the place of origin of the goods, or the name of the place of origin of the symbol, contrary to the provisions of article 4, paragraph 2, and article 40, paragraph 2, of this Law shall entail IN THE RUSSIAN FEDERATION N 166-FZ) 2. The protection of civil rights from the illicit use of the trademark in addition to the requirements for the cessation or recovery of damages is also through: the publication of a court order for the restoration of the business. Reputation of the victim; removed from counterfeits, labels, packages of illicitly used trademark or similar to the extent of confusion or destruction at the expense of the offender of counterfeit goods, labels, packages in case of non-removal from or related to the degree of mixing of the mark, except in the case of the use of these counterfeit goods, labels, packages in the revenue of the State or their transfer to the holder of the declaration to the account , or for the purpose of their subsequent destruction. (...) (...) N 166-FZ) 3. A person who illegally uses the registered place of origin of the goods, or a similar designation, is obliged, at the request of the holder of the certificate, to the right of use of the place of origin, class="ed"> public authority, prosecutor or public organization: (In the wording of Federal Law of 11.12.2002) N 166-FZ) stop using it, as well as compensate for the damages caused by civil law; (In the wording of Federal Law dated 11.12.2002 n 166-FZ) Publish a court order to restore the victim's business reputation; to delete counterfeit goods, labels, packages are used illegally The origin of the goods or the gangway to the extent of the marking or to destroy the counterfeit goods, labels, packages in the event that the illicitly used name of the place of origin cannot be removed from them or similar to that of the goods. the degree of mixing. (...) (...) N 166-FZ) 4. The holder and the holder of a certificate of the right to use the place of origin of the goods instead of claiming damages has the right to claim from a person who illegally uses a trademark or a place name of the origin of the goods, payment of the monetary compensation determined by the court in the amount of 1,000 to 50,000 minimum wages established by federal law. (Supplementing Federal Law of 11.12.2002) N 166-FZ) 5. A person who produces preventive labeling in relation to the registered trade mark or the place of origin of the goods in the Russian Federation shall be liable in accordance with the law of the Russian Federation. THE RUSSIAN FEDERATION Article 47. The rights of foreign legal and natural persons Foreign legal and natural persons enjoy the rights under this Act, in the same way as legal entities and individuals of the Russian Federation, by international treaties of the Russian Federation or on the basis of the principle of reciprocity. The right to register in the Russian Federation the names of places of origin of goods shall be granted to the legal and natural persons of the States granting the same right to legal and natural persons of the Russian Federation. Article 48. International treaties If an international treaty of the Russian Federation establishes rules other than those contained in this Act, the rules of the international treaty shall apply. President of the Russian Federation Yeltsin Moscow, House of the Russian Federation 23 September 1992 N 3520-I