On Trademarks, Service Marks And Appellations Of Origin

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102018613

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION on trademarks, service marks and appellations of origin (as amended by federal law from cases N 166-FZ) this Act regulates the relations arising in connection with legal protection and use of trademarks, service marks and appellations of origin. (As amended by federal law from cases N 166-FZ) r and w d e l I a trademark and SERVICE MARK Chapter 1. TRADEMARK and SERVICE MARK, THEIR LEGAL PROTECTION, article 1. Trademark and service mark trademark and service mark (hereinafter referred to as the trademark)-designations for the individualization of goods, performed work or rendered services (hereinafter goods) legal or natural persons. (As amended by federal law from cases N 166-FZ), Article 2. Trademark registration 1. The legal protection of a trademark in the Russian Federation shall be granted on the basis of its State registration (hereinafter registration) in the manner prescribed by this Act or by virtue of international treaties of the Russian Federation. (As amended by federal law from cases N 166-FZ)
2. the right to the trademark is protected by law.
3. The owner of the exclusive right to a trademark (copyright holder) can be a legal entity or natural person engaged in entrepreneurial activity. (As amended by federal law from cases N 166-FZ), Article 3. Trademark certificate 1. The registered trademark is issued the trademark certificate.
2. the certificate certifies the priority of the trademark and the exclusive right to a trademark for the goods specified in the certificate. (As amended by federal law from cases N 166-FZ), Article 4. The exclusive right to trade mark 1. The rightholder has the right to use the trademark and to prohibit the use of a trademark by others.
No one may use the protected in the Russian Federation the trademark without the authorization of the right holder.
2. Infringement of the exclusive rights of the copyright owner (unlawful use of a trademark) recognizes the use without his permission in civil circulation on the territory of the Russian Federation or a similar trademark with him until designation confusingly in relation to the goods for the individualization of which the trademark is registered or similar goods, including placing a trademark or similar with him until designation confusingly: on goods, labels , packages these products, which are manufactured, offered for sale, sold, demonstrated at exhibitions and fairs or otherwise introduced into civilian circulation on the territory of the Russian Federation, or are stored and/or transported for this purpose, or imported into the territory of the Russian Federation;
at performance of works, provision of services;
the documentation related to the introduction of goods into civil circulation;
in the proposals for the sale of goods;
on the Internet, in particular a domain name or in other ways.
Products, labels, packings of such goods, on which the trademark is used illegally or similar with him until designation confusingly, are counterfeit.
(Article in Edition cases federal law N 166-FZ), Article 5. Types of trademarks 1. As trademarks can be registered verbal, graphic, three-dimensional and other designations or combinations thereof.
2. A trademark may be registered in any color or color combination.
Article 6. Absolute grounds for refusal 1. It is not allowed to registration as trademarks of signs that do not possess distinctive ability or consisting only of items: included in general use to refer to certain types of goods;
are generally accepted symbols and terms;
characterizing the goods, including pointing to their kind, quality, quantity, purpose, value of property, as well as the time, place, method of production or marketing;
representing the shape of goods which is determined solely or primarily property or destination of the goods.
The elements specified in the second to fifth subparagraphs of this paragraph may be included as unprotected elements in a trademark, if they do not occupy a dominant position in it.
The provisions of this paragraph shall not apply in respect of designations, which have acquired distinctiveness as a result of their use.
2. In accordance with an international agreement of the Russian Federation is not allowed registration as trademarks of signs consisting only of items constituting State armorial bearings, flags and other State emblems, abbreviations or names of international intergovernmental organizations, their armorial bearings, flags and other emblems, official control, warranty and hallmarks, seals, decorations and other insignia, or similar to the legend. Such elements can be included as unprotected elements in a trademark, if it is agreed by the competent authority.

3. it is not allowed to registration as trademarks of signs constituting or containing elements: are false or capable of misleading the consumer about the product or its manufacturer;
contrary to the public interest, humanitarian principles or morality.
4. it is not allowed to registration as trademarks of signs identical or similar to the degree of mixing with the official names and images of particularly valuable objects of cultural heritage of the peoples of the Russian Federation or of world cultural or natural heritage, as well as with images of cultural values that are stored in collections, collections and Fonds, if such registration is requested by or on behalf of persons who are not their owners (owners) without the consent of the owners or persons , authorized by the owners, the registration of such signs as trademarks.
5. In accordance with an international agreement of the Russian Federation is not allowed in the Russian Federation registration as trademarks of signs that constitute or contain elements, which are protected in one of the Member States of this international treaty as designations identifying wines or spirits as originating from its territory (produced within the boundaries of the geographical object of that State) and a specific quality, reputation or other characteristics , which are mainly defined by their origin, if the trademark is intended to denote wines or spirits not originating from the territory of the geography.
(Article in Edition cases federal law N 166-FZ) Article 7. Other grounds for refusal 1. May not be registered as trademarks, designations identical or similar to: trademarks of other persons designated on the registration (if they are not withdrawn) or protected in the Russian Federation, including in accordance with an international agreement of the Russian Federation, in respect of goods of the same type and having an earlier priority;
trademarks of other persons, recognized in the manner prescribed by this law well known trademarks in the Russian Federation in respect of similar goods.
Registration as a trademark for goods of the same legend, similar to the degree of confusion with a trademark referred to in the second or third subparagraph of this paragraph, shall be permitted only with the consent of the rightholder.
2. May not be registered as trademarks with respect to any goods designations identical or similar to the point of confusion with appellations of origin protected in accordance with the present law, except if these notations are included as unprotected elements in a trademark, registered in the name of persons having the right to use such names.
3. May not be registered as trademarks, designations identical: protected in the Russian Federation, the name (or part of it) in respect of similar goods, industrial design, character matching that in the Russian Federation have others earlier priority date of the registered trademark;
name known in the Russian Federation on the filing date of the works of science, literature or art, character or quotation from such a work, work of art or its fragment without the consent of the copyright holder, or its successor, if the rights to these works arose earlier priority date of the registered trademark;
surname, name, alias, or derived from them the designation, portrait and facsimiles of famous at the filing date of a person without the consent of that person or his heir.
(Article in Edition cases federal law N 166-FZ), Chapter 2. TRADEMARK REGISTRATION Article 8. The application for trademark registration 1. Application for registration of a trademark (hereinafter in this section of the application form) will be served in the Federal Executive Body in the field of intellectual property, legal entity or natural person involved in entrepreneurial activity (hereinafter the applicant).
2. Doing business with the Federal Executive Body in the field of intellectual property may be carried out by the applicant, holder or other interested person independently or through a patent agent registered with the Federal Executive Body in the field of intellectual property.
Foreign legal entities or residing outside the Russian Federation individuals or their attorneys deal with the Federal Executive Body in the field of intellectual property through registered in the Federal Executive authority for intellectual property patent attorneys. The authority of the patent attorney shall be certified power of attorney granted to him by the applicant, holder or other interested person.

As a patent attorney may be registered, a citizen of the Russian Federation permanently resident in its territory. Other requirements for patent agent, its certification and registration, as well as the entitlement to take charge of matters related to the legal protection of trademarks, determined by the Government of the Russian Federation.
3. the application is filed at one trademark.
4. The application must include: a statement of registration as a trademark symbol with an indication of the applicant, as well as its location or place of residence;
declared the designation;
list of goods in respect of which registration is sought trademark and grouped according to the classes of the international classification of goods and services for the purposes of the registration of marks;
description of the claimed designation.
The application should be submitted in the Russian language.
The application shall be signed by the applicant, in the case of the filing of the application the applicant through a patent attorney or patent agent.
5. The application shall be accompanied by: a document certifying payment of application fee in the prescribed amount;
the Charter of a collective mark if the application is filed for the registration of a collective mark.
Documents attached to the application shall be submitted in Russian or another language. If these documents are presented in a different language, it shall be accompanied by their translation into Russian language. Translation into the Russian language can be represented by the applicant, not later than two months from the date of referral to it by the Federal Executive Body in the field of intellectual property notice of the need to comply with this requirement.
6. the date of filing of the application with the Federal Executive Body in the field of intellectual property is considered to be the date of receipt of the documents required by paragraphs second-fourth paragraph 4 of this article, or if these documents are not presented at the same time, the date of receipt of the last document.
7. After the filing of the application with the Federal Executive Body in the field of intellectual property, any person has the right to examine the documents contained in it application on its filing date. The procedure of consultation application shall be established by the Federal Executive Body in the field of intellectual property.
8. Requirements for application documents shall be established by the Federal Executive Body in the field of intellectual property.
(As amended by federal law from cases N 166-FZ) Article 9. Trademark priority 1. Priority of a trademark is established on the date of filing of the application with the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ)
2. The priority of a trademark may be established on the date of filing of the first application in a State party to the Paris Convention for the protection of industrial property (Convention priority) If filing an application with the Federal Executive Body in the field of intellectual property carried out within six months from the specified date. (As amended by the Federal law, cases. N 166-FZ) 3. Priority of a trademark placed on exhibits official or officially recognized international exhibitions held in the territory of one of the States party to the Paris Convention for the protection of industrial property, may be determined by the date of the beginning of the open show exhibit at the exhibition (exhibition priority) If filing an application with the Federal Executive Body in the field of intellectual property carried out within six months from the specified date. (As amended by federal law from cases N 166-FZ)
4. An applicant who wishes to exercise the right of Convention or exhibition priority must indicate this when applying for a trademark, or within two months from the date of filing of the application with the Federal Executive Body in the field of intellectual property and make the necessary documents confirming the legality of such a requirement or submit these documents no later than three months from the date of receipt of application with the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ)
5. The priority of the trademark application filed by the applicant in accordance with paragraph 6 of article 10 of this law (hereinafter referred to as the divisional application) based on other application of the applicant for the same designation (hereinafter referred to as "initial application"), is established on the date of filing with the Federal Executive Body in the field of intellectual property of the initial application, if you have the right to establish an early priority for the initial application-by date of this priority If on the date of filing of a divisional application initial application is not withdrawn and is not considered to be withdrawn and the filing of a divisional application implemented before a decision is taken on the initial application. (Supplemented by federal law from cases N 166-FZ)
6. If different applicants submitted applications for identical trademarks, having the same priority date, regarding matching lists of goods wholly or partly on the basis of agreement between the claimants claimed trademark registration in respect of goods for which the lists are the same, can be made in the name of one of them.

If identical trademarks, having the same priority date, regarding matching lists of goods fully or partially filed applications of the same applicant, trademark registration in respect of such goods may be performed on a selected applicant applications.
Within six months from the date of receipt of the notification to the applicants (the applicant) must report on their progress agreement (your choice) for some applications of trademark registration is sought.
If, within the prescribed period to the Federal Executive Body in the field of intellectual property is not received by the specified message or a request for an extension of the deadline, applications are recognized as withdrawn.
(Para supplemented by federal law from cases N 166-FZ)
7. The priority of a trademark may be established according to the date of the international registration of a trademark in accordance with the international treaties of the Russian Federation.
Article 10. Examination of the application for the trade mark 1. Examination of applications is carried out by the Federal Executive Body on intellectual property and includes a formal examination and examination of the claimed designation. (As amended by federal law from cases N 166-FZ)
2. During the examination of the application before taking its decision, the applicant has the right to supplement, clarify or correct the application materials. (As amended by the Federal law, cases. N 166-FZ) if additional materials contains a list of products not listed in the application at the date of its filing, or substantially changed the claimed designation, such additional materials shall not be considered and may be the applicant as an independent application. (As amended by federal law from cases N 166-FZ)
3. change of the applicant when the assignment of the right to request or as a result of the change of the name of the applicant, as well as correction of obvious clerical errors in the documents and applications can be made prior to the date of registration of the trademark. (Supplemented by federal law from cases N 166-FZ)
4. During the examination of the Federal Executive authority for intellectual property has the right to request from the applicant additional materials without which examination is impossible. (As amended by federal law from cases N 166-FZ)
(the paragraph excluded federal law cases N 166-FZ) to additional materials that contain a list of goods not specified in the application on its filing date or significantly alter the claimed designation covers the order imposed by paragraph 2 of this article. (Supplemented by federal law from cases N 166-FZ) additional materials to the examination request must be submitted within two months from the date of receipt by the applicant of such request, or copies of the materials specified in the request for examination, provided that these copies were requested by the applicant within one month from the date of receipt of his request examination. If the applicant does not submit the deadline requested additional materials or request for extension of the time limit, the application shall be recognized as withdrawn. At the request of the applicant, the prescribed time limit for the reply to a request of the examination may be extended by the Federal Executive Body in the field of intellectual property for no more than six months. Subject to confirmation of valid reasons for non-compliance with the deadline could be extended by the Federal Executive Body in the field of intellectual property for more than six months. (Supplemented by federal law from cases N 166-FZ)

5. an application may be withdrawn at the request of the applicant at any stage of consideration, but not later than the date of registration of the trademark.
6. During the examination of the application before a decision on the applicant is entitled to apply for the same symbol selection application containing the list of goods referred to in the initial application at the date of its filing with the Federal Executive Body in the field of intellectual property and not homogeneous goods, the list whereof shall remain in the original application. (Supplemented by federal law from cases N 166-FZ), Article 11. Formal examination 1. Formal examination of the application shall be conducted within one month from the date of its filing with the Federal Executive Body in the field of intellectual property.
2. During the formal examination of the application documents will be checked, as well as their conformity to the established requirements. Based on the results of the formal examination of the application shall be considered or adopted the decision to refuse the acceptance of its consideration, as notified to the applicant.
3. Simultaneously with the notification of the positive result of the examination of the application the applicant is informed of the date of filing, established in accordance with paragraph 6 of article 8 of this law.
(Article in Edition cases federal law N 166-FZ) Article 12. Examination of the claimed designation 1. Examination of the claimed designation shall be carried out upon completion of the formal examination. (As amended by federal law from cases N 166-FZ)

During the examination of the conformity of the claimed designation requirements set out in articles 1, 6 and paragraphs 1 and 2 of article 7 of this law, and set the priority of a trademark. (As amended by federal law from cases N 166-FZ)
2. based on the results of the examination of the decision on the registration of a trademark or refuse its registration.
3. Before taking a decision on the results of the examination of a claimed designation notification can be sent to the applicant in writing of the results of the verification of the compliance of the claimed designation requirements established by the second paragraph of paragraph 1 of this article, to submit their arguments on the examples given in the notification. The applicant's arguments are taken into account when deciding on the results of the examination of a claimed designation, if such arguments are presented within six months from the date of dispatch to the applicant of the specified notification. (Supplemented by federal law from cases N 166-FZ)
4. the decision on the registration of a trademark may be reviewed by the Federal Executive Body in the field of intellectual property prior to the registration of a trademark in connection with: the arrival of the application with an earlier priority, in accordance with article 9 of this law, identical or similar with him until designation confusingly in relation to similar goods;
registration as an appellation of origin designation, the sameness of this trademark or similar to it to the extent of mixing;
identification of the application containing the same trademark or identifying protected the identity of the trademark in respect of wholly or partially overlapping lists of goods and with the same or an earlier priority of a trademark;
satisfaction of the applicant's request for changing, resulting in the emergence of the possibility of introducing the consumer about the product or its manufacturer in case of registration of the claimed designation as a trademark.
(Paragraph as amended by federal law from cases N 166-FZ) Article 13. Appeal against the decision on the application and the restoration of missed time limits 1. In case of disagreement with the decision taken based on the results of the formal examination of the application, on the rejection of its consideration, or with the decision taken by the results of the examination of a claimed designation, or the decision on recognition applications have been withdrawn, the petitioner may file an objection to the Chamber of patent disputes within three months from the date of receipt of the relevant decision or requested from the Federal Executive Body in the field of intellectual property among materials requisition copies, subject to a request by the applicant within one month from the date of receipt of the decision.
2. the time limits referred to in paragraph 4 of article 10 of this law and paragraph 1 of this article and missed by the applicant, may be recovered by the Federal Executive Body in the field of intellectual property at the request of the applicant submitted no later than two months upon their expiry, subject to confirmation of good reasons and paying the appropriate fee.
Such a petition is submitted to the Federal Executive Body in the field of intellectual property at the same time with additional material requested examination or a request for extension of a time limit for their submission or simultaneously with the filing of objections to the Chamber of patent disputes.
(Article in Edition cases federal law N 166-FZ) Article 14. Trademark registration on the basis of the decision on the registration of a trademark the Federal Executive authority for intellectual property within one month from the date of receipt of the document on payment of the prescribed fee produces trademark registration in the State Register of trademarks and service marks of the Russian Federation (hereinafter in this section-register). In the register made a trademark, information about the manufacturer, the date of priority of the trademark and the date of its registration, the list of goods for which the trademark is registered, other information relating to the registration of a trademark, as well as subsequent changes to this information. (As amended by federal law from cases N 166-FZ) in case in accordance with the established procedure, document confirming payment of the fee for registration of a trademark and issuance of certificates on it, trademark registration is not made, a corresponding application shall be recognized as withdrawn. (Part is supplemented by federal law from cases N 166-FZ) Article 15. Issue of certificate of trade mark 1. Issue of certificate of trade mark is made by the Federal Executive Body in the field of intellectual property within one month from the date of registration of the trademark in the register. (As amended by federal law from cases N 166-FZ)
2. the form of the certificate and the composition specified in it are set by the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ) Article 16. The period of validity of registration

1. Registration of a trademark shall be valid till expiration of ten years from the date of filing of the application with the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ)
2. the period of validity of a trademark registration may be extended on application by the right holder, filed during the last year, each time for 10 years. (As amended by federal law from cases N 166-FZ) on application by the right holder for the renewal of the registration of a trademark may be granted a period of six months after the expiry of the registration, subject to payment of an additional fee. (As amended by federal law from cases N 166-FZ)
3. Write an extension of trademark registration is made by the Federal Executive Body in the intellectual property registry and the trademark certificate. (As amended by federal law from cases N 166-FZ) Article 17. Amendment of registration 1. The copyright holder notifies the Federal Executive Body in the field of intellectual property changed its name, surname, name or patronymic, on the reduction of the list of goods for which the trademark is registered, about changing individual elements of a trademark does not explains its merits on other changes relating to the registration of a trademark.
In the case of challenging the provision of legal protection of a trademark on the grounds and in the manner established in article 28 of this law, from serving on a number of goods for trademark registration on the application of the right holder can be allocated a separate registration of such trade mark for one product or part of the goods, is not homogeneous with the goods, the list whereof shall remain in the original registration. The application may be filed by the copyright holder before a decision is taken on the results of consideration of dispute concerning the registration of a trademark.
Changes relating to the registration of a trademark shall be entered in the register and the certificate for trade mark subject to payment of the corresponding fee.
2. the Federal Executive Body in the field of intellectual property may make changes to the registry and the trademark certificate for rectification of obvious and clerical errors.
(Article in Edition cases federal law N 166-FZ), Article 18. Publication of the registration of Information relating to the registration of a trademark and the changes made to the registry in accordance with article 14 of this law shall be published by the Federal Executive Body in the field of intellectual property in the Gazette promptly after the registration of the trademark in the register, or after you make the registry changes in the registration of a trademark. (As amended by federal law from cases N 166-FZ) Article 19. Trademark registration in foreign countries legal and physical entities of the Russian Federation shall have the right to register a trademark in foreign countries or to international registration.
Application for international registration of a trademark is filed through the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ) Chapter 2-1. WELL-KNOWN TRADEMARK, ITS LEGAL PROTECTION (chapter supplemented by federal law from cases N 166-FZ) Article 19-1. Well-known trademark 1. On the application of a legal or physical person well-known in the Russian Federation, a trademark may be recognized as 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, in accordance with an international agreement of the Russian Federation, as well as the symbol that is used as a trademark, but has no legal protection in the territory of the Russian Federation, if such trademark or designation as a result of their intensive use of steel at a specified date in a statement widely in the Russian Federation known among consumers for goods of that person.
Trademark or designation may not be recognized as a well-known trademark if they became widely known after the priority date identical or similar with them to another person's trademark, which is intended for use in relation to goods of the same type.
2. Well-known trademark shall be granted legal protection provided for in this Act for the trademark.
Recognizing well-known trademark already registered trademark such legal protection also extends to the Community trademark and the goods are not similar to those for which he is well-known, if use of the trademark by another person in respect of the goods will be associated by consumers with the holder and may infringe upon their legitimate interests.
(Article supplemented by federal law from cases N 166-FZ) Article 19-2. The provision of legal protection of well-known trademark

1. the legal protection of well-known trademark is granted on the basis of the decision of the Chamber of patent disputes, in a statement submitted in accordance with the first subparagraph of paragraph 1 of the article 19-1 of this Act.
2. A trademark is well-known, recognized by the Federal Executive Body in the field of intellectual property in the list of well-known trademark in the Russian Federation (hereinafter list).
3. issuance of certificate of well-known trademark is carried out by the Federal Executive Body in the field of intellectual property within one month from the date of registration of the trademark in the list. Form of evidence and composition referred to in it are set by the Federal Executive Body in the field of intellectual property.
4. Information related to the well-known trademark, published by the Federal Executive Body in the field of intellectual property in the Gazette promptly after their listing.
5. the legal protection of well-known trademark is valid indefinitely.
(Article supplemented by federal law from cases N 166-FZ), Chapter 3. COLLECTIVE MARK Article 20. The right to the collective mark 1. In accordance with an international agreement of the Russian Federation Association of persons creating and whose activities are not contrary to the law of the State in which it was created, has the right to register in the Russian Federation, which the collective mark is a trademark intended to identify goods produced and (or) implemented within the Association and persons possessing common qualitative or other general characteristics. (As amended by federal law from cases N 166-FZ)
2. Collective mark and the right to use the software may not be transferred to others.
Article 21. Registration of a collective mark 1. The application for registration of the collective mark collective mark Charter is attached, which contains the name of the Association authorized to register the collective mark in their own name, a list of persons entitled to use this mark, the purpose of its registration list and common qualitative or other general characteristics of the goods, which will continue to be a collective mark, the conditions of its use, procedure for monitoring its use, liability for violation of the Charter of the collective mark. (As amended by federal law from cases N 166-FZ)
2. In the registry and the certificate for the collective mark in addition to the particulars provided for in article 14 of this law, made records of persons having the right to use the collective mark. This information, as well as extract from the statutes of the collective mark on common qualitative or other common characteristics of the goods for which the mark is registered, shall be published by the Federal Executive Body in the field of intellectual property in the Official Gazette. The copyright holder of a collective mark shall notify the Federal Executive Body in the field of intellectual property rights on changes to the Charter of the collective mark. (As amended by federal law from cases N 166-FZ)
3. In the case of use of the collective mark on goods that do not possess common qualitative or other common characteristics of the legal protection of a collective mark may be terminated completely or partially on the basis of the decision of the Court upon the application of any person. (As amended by federal law from cases N 166-FZ)

4. The collective mark and the application for its registration can be converted, respectively, in the trademark and trademark application and vice versa. Such a conversion order is set by the Federal Executive Body in the field of intellectual property. (Supplemented by federal law from cases N 166-FZ), Chapter 4. USE of a TRADEMARK Article 22. Use of a trademark and the consequences of its non-use 1. The use of a trademark is considered to be its use on goods for which the trademark is registered, and (or) their packaging by the right holder or person to whom this right on the basis of a license contract in accordance with article 26 of this law. (As amended by federal law from cases N 166-FZ) Use can be recognized by the use of a trademark in advertising, publications, official forms, signboards, with exhibits at exhibitions and fairs held in the Russian Federation, for cogent reasons, non-use of the trademark on goods and/or their packaging.
2. Natural and legal persons conducting intermediary activity, may, on the basis of the contract to use its trademark along with the trademark of the manufacturer of the goods, as well as trademark instead of the last.

3. The legal protection of a trademark may be terminated prematurely in respect of all or part of the goods due to non-use of the trademark continuously during any three years after its registration. Statement on early termination of legal protection of a trademark in connection with its non-use may be filed by any person in the Chamber of patent disputes after these three years, provided that the trademark is not used prior to the filing of such a statement.
Evidence shall be submitted to the trademark holder.
For the purposes of this paragraph, use of a trademark, its use is also recognized with changing individual elements of a trademark does not change its nature.
When deciding on early termination of legal protection of a trademark in connection with its non-use may be taken into account provided by copyright holder is evidence that the trademark is not used by circumstances beyond its control.
(Paragraph as amended by federal law from cases N 166-FZ), Article 23. Exhaustion of rights based on trademark registration trademark registration does not entitle the right holder to prohibit the use of this trademark by others in relation to goods which have been introduced into civil circulation on the territory of the Russian Federation directly by the rightholder or with his consent. (As amended by federal law from cases N 166-FZ) Article 24. Warning marking the rightholder can put next to a trademark warning markings in the form of the Latin letter "R" or the letter "R" in circumference (R) or wordmark "trademark" or "registered trademark", indicating that the symbol is a trademark, registered in the Russian Federation. (As amended by federal law from cases N 166-FZ) Chapter 5. ORDER the EXCLUSIVE RIGHT to a TRADEMARK (name of chapter as amended by federal law from cases N 166-FZ), Article 25. The transfer of the exclusive right to a trademark (assignment of a trademark) (name of the article as amended by the Federal law from cases N 166-FZ) the exclusive right to the trade mark in respect of all or part of the goods for which it is registered, may be referred to the copyright holder or another legal person carrying out entrepreneurial activity to an individual under the contract of assignment of exclusive rights to the trademark (trademark assignment agreement). (As amended by federal law from cases N 166-FZ) an assignment of a trademark may not be used if it can lead to misleading the consumer about the product or its manufacturer.
Article 26. Grant of license to use the trademark right to use a trademark may be granted by the copyright holder (licensor) to another entity, or conducting business activities of a physical person (the licensee) under a license agreement with respect to all or part of the goods for which it is registered. (As amended by federal law from cases N 166-FZ) license agreement must contain condition that the quality of the licensee's goods will not lower the quality of the goods and that the Licensor the Licensor will monitor compliance with this condition.
Article 27. Registration of treaties Treaty on the transfer of the exclusive right to a trademark (contract on assignment of a trademark) and license contract shall be registered in the federal body of executive power in the field of intellectual property. Without the registration of these treaties shall be deemed null and void.
Procedure for registration of those treaties shall be established by the Federal Executive Body in the field of intellectual property.
(Article in Edition cases federal law N 166-FZ), Chapter 6. TERMINATION of LEGAL PROTECTION of a TRADEMARK Article 28. Contestation and invalidation of the provision of legal protection of a trademark Committee 1. The provision of legal protection of a trademark can be challenged and invalidated: 1) fully or partially during the whole period of validity of the legal protection, if it has been granted in compliance with the requirements of article 6 and paragraph 3 of article 7 of this law, or within five years from the date of publication of registration of the trademark in the Official Gazette, unless it has been granted in compliance with the requirements of paragraphs 1 and 2 of article 7 of this law;
2) completely within the whole period of validity of the legal protection, if it was granted in compliance with the requirements established by paragraph 3 of article 2 of this law;
3) completely within the whole period of validity of the legal protection, if it was given to the name of the agent or representative of a person who is the owner of the exclusive rights to this trademark in one of the States party to the Paris Convention for the protection of industrial property, in violation of the requirements established by the Convention;

4) fully or partially during the whole period of validity of the legal protection, if related to the registration of a trademark right holder's actions were recognized in the manner prescribed by law act of unfair competition.
2. The provision of legal protection of well-known trademark in the Russian Federation can be challenged and found to be invalid wholly or partially during the whole period of validity of the legal protection, if it has been granted in compliance with the requirements established by paragraph 1 of article 19 of this law.
3. any person may submit to the Chamber of patent disputes at the time and on the grounds provided for by subparagraphs 1 and 2 of paragraph 1 of this article, the objection to the provision of legal protection of a trademark.
Objection to the provision of legal protection of a trademark on the basis provided for in subparagraph 3 of paragraph 1 of this article, the owner of the exclusive copyright concerned filed for a trademark in one of the States party to the Paris Convention for the protection of industrial property to the Chamber of patent disputes.
Objection to the provision of legal protection of well-known trademark in the Russian Federation on the basis provided for in paragraph 2 of this article may be filed by any person in the Chamber of patent disputes.
Declaration of acceptance of the provision of legal protection of a trademark invalid on the basis of a decision taken in the manner prescribed by subparagraph 4 of paragraph 1 of this article, any person served with the Federal Executive Body in the field of intellectual property.
4. provision of legal protection of a trademark is recognized as invalid either fully or partially on the basis of a decision taken on the objection or statement submitted in accordance with paragraph 3 of this article.
(Article in Edition cases federal law N 166-FZ), Article 29. Termination of legal protection of a trademark 1. The legal protection of a trademark is terminated: in connection with the expiration of the registration of a trademark;
on the basis of a court decision that has entered into force on early termination of legal protection of a collective mark in connection with the use of the mark on goods that do not possess common qualitative or other common characteristics, in accordance with paragraph 3 of article 21 of this law;
as a result of the decision in accordance with the established procedure decision on early termination of legal protection of a trademark in connection with its disuse in accordance with paragraph 3 of article 22 of this law;
based on the decision of the Federal Executive authority for intellectual property on early termination of legal protection of a trademark in case of liquidation of a legal person-the right holder or the cessation of business activities of the physical person-the right holder;
in case of refusal from her right holder;
on the basis of the decision taken regarding the Chamber of patent disputes the statement any person on early termination of legal protection of a trademark in the case of transformation of a registered trademark symbol, which in general use as goods of a certain kind.
2. the legal protection of well-known trademark is terminated on the grounds established by the fourth-seventh subparagraphs of paragraph 1 of this article, as well as on the basis of the decision of the Chamber of patent disputes in the event of loss of the well-known trademark signs, installed the first subparagraph of paragraph 1 of the article 19-1 of this Act.
(Article in Edition cases federal law N 166-FZ) r and w d e l (II) APPELLATION of ORIGIN Chapter 7. APPELLATION of ORIGIN and its LEGAL PROTECTION of Article 30. Appellation of origin 1. Appellation of origin is a symbol that represents or contains the contemporary or historical name of the country, locality, locality or other geographical object (hereinafter referred to as the geographical object) or derived from this name and became known as a result of its use in relation to goods, special properties which solely or primarily defined by characteristic of the geographical object natural conditions and/or human factors. (As amended by federal law from cases N 166-FZ)
2. Not recognized appellation of origin designation, although constituting or containing the name of geographic object, but in the Russian Federation in general use as a designation of the goods of a certain kind, not associated with the place of its manufacture.
Article 31. The emergence of legal protection 1. Legal protection of the appellation of origin in the Russian Federation is raised on the basis of its registration in the order established by this law or by virtue of international treaties of the Russian Federation.
2. An appellation of origin is protected by law.

3. Appellation of origin can be registered by one or more legal or natural persons. Person registered appellation of origin, gets the right to use them, if the goods produced meet the requirements set out in paragraph 1 of article 30 of this law.
The right to use the same name of place of origin of a product may be granted to any natural or legal person who is within the boundaries of the same geographical object produces a product having the same basic properties. (As amended by federal law from cases N 166-FZ)
4. registration of the appellation of origin shall be valid indefinitely.
Chapter 8. Registration and PROVISION of the RIGHT to USE the APPELLATION of ORIGIN Article 32. Application for registration and granting the right to use the appellation of origin 1. Application for registration and granting the right to use the appellation of origin or the application for granting the right to use an appellation of origin already registered product (hereinafter referred to as the application), filed with the Federal Executive Body in the field of intellectual property to individuals and (or) legal person (s) on your own or through a patent attorney in accordance with paragraph 2 of article 8 of this law. (As amended by federal law from cases N 166-FZ)
2. the application shall relate to one name of place of origin of goods.
3. The application must include: a statement of registration and granting the right to use the appellation of origin or of granting the right to use the appellation of origin already registered a product with an indication of the applicant (s) and its (their) location or place of residence;
declared the designation;
an indication of the goods in respect of which registration is sought and granting the right to use the appellation of origin or granting of rights to use previously registered appellation of origin;
the indication of place of origin (manufacture) of the item (borders of geographic object);
description of the specific properties of the product.
The application should be submitted in the Russian language.
The application shall be signed by the applicant, in the case of the filing of the application the applicant through a patent attorney or patent agent.
(Paragraph as amended by federal law from cases N 166-FZ)
4. If a geography object, the name of which is declared as an appellation of origin, is situated on the territory of the Russian Federation, it shall be accompanied by an opinion of the competent authority, defined by the Government of the Russian Federation (hereinafter referred to as the authority) that within the bounds of the specified geography the claimant produces goods, special properties which are determined by the characteristic of the geographical object natural conditions and/or human factors.
If a geography object, the name of which is declared as an appellation of origin is outside the Russian Federation, it shall be accompanied by a document certifying the applicant's right to the claimed appellation of origin in the country of origin of the goods.
The application shall also be accompanied by a document certifying payment of application fee in the prescribed amount.
Documents attached to the application shall be submitted in Russian or another language. If these documents are presented in a different language, it shall be accompanied by their translation into Russian language. Translation into the Russian language can be represented by the applicant, not later than two months from the date of referral to it by the Federal Executive Body in the field of intellectual property notice of the need to comply with this requirement.
(Paragraph as amended by federal law from cases N 166-FZ)
5. the date of filing of the application with the Federal Executive Body in the field of intellectual property shall be the date of receipt of the documents required by paragraph 3 of this article, or if these documents are not presented at the same time, the date of receipt of the last document. (Supplemented by federal law from cases N 166-FZ)
6. Requirements for application documents shall be established by the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ) Article 33. Examination of the application 1. Examination of applications is carried out by the Federal Executive Body on intellectual property and includes a formal examination and examination of the claimed designation. (As amended by federal law from cases N 166-FZ)
2. During the examination of the application before taking its decision, the applicant has the right to supplement, clarify or correct the application materials. (As amended by the Federal law, cases. N 166-FZ) If additional materials change the application on the merits, these materials shall not be considered and may be the applicant as an independent application.

3. During the examination of the Federal Executive authority for intellectual property has the right to request from the applicant additional materials without which examination is impossible. (As amended by federal law from cases N 166-FZ) additional materials to the examination request must be submitted within two months from the date of receipt of the request by the applicant. On request of the applicant, this period may be extended, provided that the request was received before the expiry of that period. If the applicant has violated specified term or left unanswered examination request, the application shall be recognized as withdrawn. (As amended by federal law from cases N 166-FZ)
4. Formal examination of the application shall be conducted within two months from the date of its filing with the Federal Executive Body in the field of intellectual property.
During the formal examination checks for necessary documents, as well as their conformity to the established requirements. Based on the results of the formal examination of the application shall be considered or adopted the decision on refusal in acceptance to consideration.
Simultaneously with the notification of the positive result of the examination the applicant reported filing date established in accordance with paragraph 5 of article 32 of this law.
(Paragraph as amended by federal law from cases N 166-FZ)
5. Under the consideration of the application examination of the claimed mark on its compliance with the requirements laid down in article 30 of this law. (As amended by federal law from cases N 166-FZ) in the course of the examination of a claimed designation also checks the validity of the indication of place of origin (manufacture) of the goods on the territory of the Russian Federation. (Supplemented by federal law from cases N 166-FZ) before a decision is taken on the results of the examination of a claimed designation applicant can be notified of the results of the verification of the compliance of the claimed designation requirements laid down in article 30 of this law, to submit their arguments for the explanation in the notification. The applicant's arguments are taken into account when deciding on the results of the examination of a claimed designation if they are submitted within six months from the date of dispatch of the notification. (Supplemented by federal law from cases N 166-FZ)

6. According to the results of examination of the Federal Executive authority for intellectual property shall decide on the registration or refusal of registration of the appellation of origin and grant the right to use the name or the decision on the granting or refusal of granting the right to use the appellation of origin already registered product. (As amended by federal law from cases N 166-FZ)
7. The applicant may withdraw the application at any stage of its review prior to entering into the State Register of appellations of origin of products of the Russian Federation (hereinafter in this section-register) information on the registration of an appellation of origin of the goods and (or) granting the right to use the name. (As amended by federal law from cases N 166-FZ) Article 34. Appeal against the decision on the application and the restoration of missed time limits 1. In case of disagreement with the decision taken based on the results of the formal examination of the application, the refusal in acceptance to consideration of, or with the decision taken by the results of the examination of a claimed designation, or the decision on recognition applications have been withdrawn, the petitioner may file an objection to the Chamber of patent disputes within three months from the date of receipt of the relevant decision.
2. the time limits referred to in paragraph 3 of article 33 of this law and paragraph 1 of this article and missed by the applicant, may be recovered by the Federal Executive Body in the field of intellectual property at the request of the applicant submitted no later than two months upon their expiry, subject to confirmation of good reasons and paying the appropriate fee.
Such a request is submitted by the applicant to the Federal Executive Body in the field of intellectual property, simultaneously with the examination requested additional materials or request for extension of a time limit for their submission or simultaneously with the filing of objections to the Chamber of patent disputes.
(Article in Edition cases federal law N 166-FZ) Article 35. Registration of the appellation of origin and the issue of a certificate for the right to use the appellation of origin

1. On the basis of the decision on examination results federal executive body in the field of intellectual property makes the registration of an appellation of origin in the register. The registry shall be entered the name of the site of origin, the information about the owner of the certificate for the right to use the appellation of origin (hereinafter certificate), indication and description of specific properties of the goods, for which the registered appellation of origin, other information relating to the registration and provision of the right to use the appellation of origin, the extension of the term of validity of the certificate, as well as subsequent changes to this information. (As amended by federal law from cases N 166-FZ)
2. Issuance of certificates on the right to use the appellation of origin of the goods is made by the Federal Executive Body in the field of intellectual property within one month from the date of receipt of the document on payment of the fee. (As amended by federal law from cases N 166-FZ) in case in accordance with the established procedure, document confirming payment of the fee for the issue of a certificate for the right to use the appellation of origin this certificate shall not be issued. (Supplemented by federal law from cases N 166-FZ)
3. the form of the certificate and the composition specified in it are set by the Federal Executive Body in the field of intellectual property. (As amended by federal law from cases N 166-FZ) Article 36. 1 the period of validity of the certificate. The certificate is valid until the expiration of ten years from the date of filing of the application with the Federal Executive Body in the field of intellectual property.
2. The period of validity of the certificate may be extended on application by the holder of the certificate and provided them with the opinion of the competent authority, which confirmed that the licence holder shall produce within the boundaries of the relevant product, geographical object with the specified properties in the registry.
In relation to the appellation of origin, which is the name of a geographical object outside the Russian Federation, instead of concluding the holder of a certificate is a document certifying his or her right to use the appellation of origin in the country of origin of the goods on the date of filing an application for renewal of a certificate.
The request for renewal is filed within the last year of validity of the certificate.
The period of validity of the certificate shall be renewed every ten years.
On application by the holder of the certificate to apply for an extension may be granted him six months after the expiry of the period of validity of the certificate subject to the payment of an additional fee.
3. Entry on extension of the period of validity of the certificate shall be entered by the Federal Executive Body in the intellectual property registry and the certificate.
(Article in Edition cases federal law N 166-FZ) Article 37. Making changes to the registry and the certificate holder shall notify the Federal Executive Body in the field of intellectual property changed its name, surname, first name or middle initial, as well as other changes relating to the registration and provision of the right to use the appellation of origin. (As amended by federal law from cases N 166-FZ) entry about changing is entered into the Register and the certificate subject to payment of the corresponding fee. (As amended by federal law from cases N 166-FZ), the Federal Executive Body in the field of intellectual property makes changes to the registry and certificate for rectification of obvious and clerical errors. (Part is supplemented by federal law from cases N 166-FZ) Article 38. Publication of information concerning the registration and granting the right to use the appellation of origin registration information and granting the right to use the appellation of origin in the register made in accordance with articles 35 and 37 of this Act, with the exception of information containing a description of the specific properties of the goods shall be published by the Federal Executive Body in the field of intellectual property in the Gazette promptly after they have been submitted to the registry. (As amended by federal law from cases N 166-FZ) Article 39. Registration of the appellation of origin abroad 1. Legal and physical entities of the Russian Federation shall have the right to register the appellation of origin abroad.
2. Application for registration of an appellation of origin in foreign countries after its registration and obtaining the right to use the appellation of origin in the Russian Federation.
Chapter 9. The USE of the APPELLATION of ORIGIN Article 40. The use of the appellation of origin

1. The use of the appellation of origin shall be deemed to apply it on a product, labels, packaging, advertising, brochures, letterheads, invoices and other documentation related to the introduction of goods into civil circulation. (As amended by federal law from cases N 166-FZ)
2. you may not use the registered appellation of origin by persons without a certificate, even if the genuine place of origin of the goods or the name is used in translation or in combination with such expressions as "genus", "type", "imitation" or similar, as well as use a similar notation for any goods, able to mislead as to the origin and special proprieties of goods (unlawful use of an appellation of origin). (As amended by federal law from cases N 166-FZ) Products, labels, packaging these products, which illegally used appellations of origin or designations similar to, are counterfeit. (Supplemented by federal law from cases N 166-FZ)
3. The licence holder shall not be entitled to grant licenses for the use of the appellation of origin to other persons.
Article 41. Warning markings may stamp the Certificate Holder next to the name of place of origin marking in the form of pre-emptive wordmark "registered appellation of origin" or "registered" NMPT, indicating that the symbol is an appellation of origin registered in the Russian Federation. (As amended by federal law from cases N 166-FZ), Chapter 10. TERMINATION of LEGAL PROTECTION of an APPELLATION of ORIGIN Article 42. Challenging the provision of legal protection of the designation of the place of origin, certification and recognition of their void 1. The provision of legal protection of the name of the place of origin of a product may be challenged and invalidated during the whole period of validity of the legal protection, if it has been granted in compliance with the requirements established by this Act.
Issuance of certificates may be challenged, and the evidence can be found to be invalid during the whole period of its validity, if it was issued in compliance with the requirements established by this Act, or in connection with the recognition of the invalid provision of legal protection of the designation of place of origin of goods.
2. any person may submit on grounds provided for under paragraph 1 of this article, the objection to the provision of legal protection of the designation of place of origin of goods and the issuance of certificates to the Chamber of patent disputes.
3. provision of legal protection of the designation of the place of origin and certificate be invalidated on the basis of the decision of the Chamber of patent disputes, as well as a court decision that has entered into force.
(Article in Edition cases federal law N 166-FZ) Article 42-1. Termination of legal protection of an appellation of origin and the period of validity of the certificate 1. Legal protection of an appellation of origin shall be terminated in respect of: the disappearance of specific to the geographical object conditions and inability to manufacture a product with the specified properties in the registry;
the loss of foreign legal entities or individuals of the right to the appellation of origin in the country of origin of the goods.
2. The certificate shall terminate: the loss of commodity specific properties that are specified in the registry in respect of the appellation of origin;
in connection with the termination of legal protection of the appellation of origin;
in case of liquidation of a legal person is the holder of the certificate;
on the basis of the application submitted to the Federal Executive Body in the field of intellectual property statement of the holder of the certificate.
3. any person on the grounds referred to in paragraph 1 and the second and third subparagraphs of paragraph 2 of this article may apply to the patent disputes Chamber statement on termination of legal protection of an appellation of origin and the period of validity of the certificate.
Any person on the basis provided for the fourth paragraph of paragraph 2 of this article may apply to the Federal Executive Body in the field of intellectual property, the Declaration on cessation of validity of the certificate.
4. legal protection of the appellation of origin and the certificate shall be terminated on the basis of the decision of the Chamber of patent disputes, the federal body of executive power in the field of intellectual property, as well as a court decision that has entered into force.
(Article supplemented by federal law from cases N 166-FZ) r and w d e l III final clauses article 43. The Federal Executive Body in the field of intellectual property

Implementation of public policies and functions under this Act in the field of legal protection of trademarks and appellations of origin of goods rests with the Federal Executive Body in the field of intellectual property.
The Federal Executive Body in the field of intellectual property in cases stipulated by this law, shall issue in accordance with its competence the normative legal acts on the application of this law.
(Article in Edition cases federal law N 166-FZ) Article 43-1. Decisions of the Chamber of patent disputes procedure for filing objections and statements in the Chamber of patent disputes and proceedings shall be established by the Federal Executive Body in the field of intellectual property.
Decisions of the Chamber of patent disputes taken to objections and statements filed in the manner provided for in articles 13, 19-2, 22, 28, 29, 34, 42 and 42-1 of the present law, shall be approved by the head of the federal body of executive power in the field of intellectual property, will take effect from the date of their approval and may be appealed to the Court in accordance with the legislation of the Russian Federation.
(Article supplemented by federal law from cases N 166-FZ) Article 44. Fees for the performance of legal acts relating to the registration of a trademark registration and provision of the right to use the appellation of origin, shall be charged a fee. List of acts for which fees are payable, their sizes, order and terms of payment, as well as grounds for a refund of duties shall be established by the Government of the Russian Federation. (As amended by federal law from cases N 166-FZ)
(Action art. 44 suspended in 2003 year in part payment of the patent fees to the Patent Office. Federal law of 24.12.2002. No. 176-FZ) Article 45. Disputes before a justiciable Disputes arising from the application of this law, the courts in accordance with their competence, in the manner prescribed by the legislation of the Russian Federation, including disputes: about infringements of the exclusive right to a trademark;
on early termination of legal protection of a collective mark because of its use on products that do not possess common qualitative or other common characteristics;
on the conclusion and execution of the license contract and the contract of assignment of exclusive rights to the trademark (trademark of the contract of assignment);
about the unlawful use of an appellation of origin of the goods.
(Article in Edition cases federal law N 166-FZ) Article 46. Liability for the unlawful use of a trademark and an appellation of origin 1. Use of a trademark and an appellation of origin or similar to a trademark or appellation of origin designation, contrary to the provisions of paragraph 2 of article 4 and paragraph 2 of article 40 of this law entails civil, administrative, criminal liability in accordance with the legislation of the Russian Federation. (As amended by federal law from cases N 166-FZ)
2. Protection of civil law rights against illegal use of the trademark in addition to the requirements of the termination of the violation or to recover damages is carried out by: the publication of the Court decision in order to restore business reputation of the injured party;
remove at the expense of the infringer from infringing goods, labels, packaging, unlawfully used trademark or similar to it to refer to either the destruction at the expense of the infringer of counterfeit goods, labels, packages in case of impossibility to remove from them unlawfully used trademark or similar with him until designation confusingly, except for the treatment of these counterfeit goods, labels, packages in the State or their transfer to the copyright holder on his application on account of damages or for subsequent destruction. (As amended by federal law from cases N 166-FZ)
3. a person who unlawfully uses a registered appellation of origin or similar such name designation, shall on demand of the holder of the certificate for the right to use the appellation of origin, a public body, a public prosecutor or a public organization: (as amended by federal law from cases N 166-FZ), stop using it and also liable to pay compensation in accordance with the civil legislation; (As amended by federal law from cases N 166-FZ) to publish the Court decision in order to restore business reputation of the injured party;
delete with counterfeit goods, labels, packaging, unlawfully used appellation of origin or similar with him until designation confusingly or destroy counterfeit goods, labels, packaging in case of impossibility to remove from them unlawfully used appellation of origin or similar to it to mark. (As amended by federal law from cases N 166-FZ)

4. the copyright owner and the holder of the certificate for the right to use the appellation of origin rather than requiring the recovery of damages is entitled to demand from the person who illegally uses a trademark or appellation of origin of the goods, the payment of Court-defined monetary compensation in the amount of 1 thousand to 50 thousand times the minimum wage established by federal law. (Supplemented by federal law from cases N 166-FZ)
5. The person conducting preventive marking in relation to the unrecognized in the Russian Federation a trademark or trade name, place of origin, shall be liable in the manner prescribed by the legislation of the Russian Federation.
Article 47. Rights of foreign natural and legal persons, foreign legal entities and physical persons shall enjoy the rights provided by this law, along with legal and physical persons of the Russian Federation by virtue of international treaties of the Russian Federation or on the basis of the principle of reciprocity.
Eligible for registration in the Russian Federation, the appellations of origin of goods is provided to legal entities and individuals of the States providing the same right to legal and physical persons of the Russian Federation.
Article 48. International treaties if an international treaty of the Russian Federation stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
The President of the Russian Federation, b. Yeltsin Moscow, Russia September 23, 1992 House Tips N 3520-I