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On Introducing Changes And Additions Into The Law Of The Russian Federation On Trademarks, Service Marks And Appellations Of Origin "

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "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 RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Russian Federation Law On Trademarks, Service Marks and Names origin of goods " Adopted by the State Duma on 13 November 2002 Approved by the Federation Council on 27 November 2002 Article 1. Amend the Russian Federation Act of 23 September 1992 No. 3520-I on trademarks, service marks and names of places of origin OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2322) the following changes and additions: 1. In the words "the legislative acts of the republics in the Russian Federation" and the word "registration", delete. 2. Article 1 should read as follows: " Article 1. Trademarks and service mark Trademarks and service mark (hereinafter referred to as a trademark)-symbols for the individualization of goods, performed works or services (hereinafter referred to as goods) of legal entities or natural persons. " 3. In article 2: paragraph 1, after the words "State registration", add the words "(hereinafter referred to as registration)"; paragraph 3 should read as follows: " 3. The holder of the exclusive right to the trademark (right holder) may be a legal person or a business entity, a natural person. ". 4. In article 3, paragraph 2, the word "holder" should be deleted. 5. Article 4 should read as follows: " Article 4. Exceptional right to trademark 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. Goods, Labels, Packages of these Items illegally used or similar to the degree of blend are counterfeit. ". 6. Articles 6 to 7 should read as follows: " 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 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 on the date of submission of the application of a person without the consent of the person or his heir. ". 7. Article 8 should read as follows: " Article 8. trademark registration 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. The requirements for documents of the application shall be established by the federal executive authority on intellectual property. ". 8. In article 9: , in paragraph 1 of the phrase "on the date of entry into the Patent Office of an application meeting the requirements of article 8, paragraph 4 of this Law," to be replaced by the words " at the date of submission of the application to the federal executive authority "in paragraph 2 of the Patent Office of the application" was replaced by the words "the submission of an application to the federal executive authority on intellectual property"; in paragraph 3 In the Patent Office, the application for the trademark has been replaced by " applications to the federal executive authority on intellectual property "; in paragraph 4 replace" the date of receipt "with the words" the Patent Office "replaced by the words" the federal authority " of the executive branch of the intellectual property "; to supplement the new paragraph 5 and paragraph 6 with the following: " 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. 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 request for an extension of the deadline, the application shall be declared withdrawn. "; paragraph 5 read as paragraph 7. 9. In article 10: , in paragraph 1, replace the words "by the Patent Office" with the words "the federal executive authority on intellectual property", the word "preliminary" replaced by the word "formal"; in paragraph 2: in the first paragraph of the word "own initiative" delete; paragraph 2 should read: " If the supplementary materials contain a list of goods not specified in the application on the date of its submission, or the stated marking, such additional The materials are not accepted for consideration and may be issued by the applicant as an independent application. "; add a new paragraph 3 as follows: " 3. The change 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 obvious and technical errors in the application documents, may be made before the date of registration of the trademark. "; paragraph 3 consider paragraph 4 and therein: in the first paragraph of the word "Patent Office", replace the words "the federal executive body on intellectual property"; paragraph 2, delete; to add to paragraphs , to read: " Additional materials that shall contain a list of goods not specified in the application on the date of its submission, or substantially alter the stated designation, subject to the order established in paragraph 2 of this article. Additional materials on request for expertise must be submitted within two months of receipt by the applicant of such request or copies of the materials specified in the request for expertise, provided that the copies were 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 valid reasons for failure to comply with the deadline, it may be extended by the federal executive body on intellectual property for more than six months. "; paragraph 4, to read as paragraph 5; add paragraph 6 as follows: " 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. ". 10. Article 11 should read as follows: " 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 shall be informed of the date of filing of the application established in accordance with paragraph 6 of article 8 of this Law. ". 11. In article 12: , in paragraph 1: , in the first paragraph of the paragraph, replace the word "formal"; , in the second paragraph, replace "paragraph 1" with "paragraphs 1 and 2", the words ", unless it has been established at "delete; to add a new paragraph 3 to read: " 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 in the determination of the results of the examination of the claim, if such arguments are submitted within six months from the date of the notification to the claimant. "; paragraph 3 read as paragraph 4; and (...) (...) The decision to register a trademark may be reviewed by the federal executive authority on intellectual property prior to the registration of the trademark in connection with: the receipt of an application having an earlier priority in the conformity with article 9 of this Law, whether it is identical or similar to that of the uniform goods; registration as the name of the place of origin of the symbol a trademark or similar to a degree of mixing; Identify a requisition that contains an identity trademark, or identify a registered trademark of the same or more inventory item, with the same or earlier priority of the trademark; to be satisfied with the statement of the change of 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 symbol as a trademark. ". 12. Article 13 should read as follows: " Article 13. { \b } { \b } { \b } { \b } { \b } 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. " 13. In article 14: Replace the words "The Patent Office" with the words "the federal executive authority on intellectual property", the words "(hereinafter referred to as" the Register) ", and the words" its owner "should be replaced by the words" (hereinafter referred to as the present section) ". Replace the word "rights holder"; with the second reading: " If a document confirming the payment of the trademark registration and the issuance of the certificate is not provided in due course, No registration of the mark shall be made, as appropriate. The application is recognized as withdrawn. ". 14. In article 15: , in paragraph 1, the words "the Patent Office" should be replaced by the words "three months" by "three months"; in paragraph 2 of the word "Patent" "Replace the words" with the words "by the federal executive branch of intellectual property." 15. In article 16: , paragraph 1, amend to read: " 1. The registration of the trademark is valid until ten years after the date of submission of the application to the federal executive authority on intellectual property. "; , in paragraph 2, the word" owner "shall be replaced by the word" rights holder "; In paragraph 3, replace the words "the Patent Office" with the words "the federal executive authority on intellectual property". 16. Article 17 should read as follows: " 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 to correct obvious and technical errors. ". 17. In article 18, replace the words "by the Patent Office" with the words "the federal executive authority on intellectual property", and replace the words "within six months from the date" with the words "immediately after", the words "or from the date" to be replaced by the words " "or after". 18. In article 19, replace the words "The Patent Office" with the words "the federal executive authority on intellectual property". 19. Add Chapter 2-1 as follows: " Chapter 2-1. COMMON DISTINGUARDS, ITS LEGAL PROTECTION 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. well-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 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. ". 20. Article 20, paragraph 1, should read: " 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 which is intended to designate goods produced and/or sold by persons of this association with uniform quality or other common characteristics. ". 21. In article 21: , in paragraph 1, the word "enterprises" should be replaced by the word "persons"; , paragraphs 2 and 3, amend to read: " 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. 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 The statement of any person. "; to supplement paragraph 4 with the following: " 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. This conversion shall be established by the federal executive authority on intellectual property. ". 22. In article 22: , in paragraph 1, replace the word "trademark owner" with the word "rights holder"; paragraph 3 should read: " 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 the trademark is presented 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. circumstances. ". 23. Article 23 should read as follows: " Article 23. Exhaustion of rights based on the registration of the trademark 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 that have been entered into OF THE PRESIDENT OF THE RUSSIAN FEDERATION In article 24, replace the words "trademark owner" with the words "the holder", after the word "marking" with the words "in the form of the Latin" R "or the Latin letter" R "in the circle (R) or the words" trademark "or" trademark "or" trademark "or" trademark ". "registered trademark". 25. The title of Chapter 5 should read: " Chapter 5. EXCEPTIONAL LAW ON THE PRODUCTS ". 26. In article 25: , amend the title to read: Article 25. Transfer of exclusive right to trademark ; Part One, as follows: " A trademark exclusive right to all or part of the goods for which it is a trademark is registered, may be transferred by the right holder to another legal person or a business person under a contract for the transfer of the exclusive right to the trademark (the contract of assignment of the trademark). " 27. In the first article of article 26, the words "the trademark owner" shall be replaced by the words "the right holder", the word "person" shall be replaced by the words "to the legal person or business person", to be supplemented by the words " to all or part of the goods for which it is registered. ". 28. Article 27 should read as follows: " 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 with the federal executive authority on intellectual 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. ". 29. Articles 28 to 29 should read as follows: " Article 28. Challenging and invalidating provide legal protection to the 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, on the basis of a decision taken on an objection or application made in accordance with paragraph 3 of this article. 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 grounds set by paragraph 1 of Article 19-1 of this Law. ". 30. Article 30, paragraph 1, should read: " 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. ". 31. Paragraph 3 of article 31, paragraph 2, states that: " The right to use the same name of the place of origin of the goods may be granted to any legal or natural person who is within the boundaries of the same geographical area. the object produces a product that has the same basic properties. ". 32. In article 32: , in paragraph 1, the words "The Patent Office" shall be replaced by the words "the federal authority of the executive branch of the intellectual property", the words "by the applicant (s)" shall be replaced by the words " physical and (or) legal person. (persons) "; paragraphs 3 and 4, amend to read: " 3. The claim must contain: Registration and entitlement to use the name of the place of origin of the goods or to grant the right to use an already registered place of origin of the goods, with an indication The claimant (s), as well as its (their) location or place of residence; declaration; an indication of the goods for which registration is sought and the right to use the name of the place of the origin of the goods or the granting of the right to use The registered name of the origin of the goods; 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. The application is signed by the applicant, in case of application through the patent attorney or patent attorney. 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 on which the federal executive authority on intellectual property is notified of the need to comply with this requirement. "; add the following new paragraph 5: " 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 proceeds of the last document. "; paragraph 5 read as paragraph 6 and in the word" the Patent Office "is replaced by the words" the federal executive authority on intellectual property ". 33. In article 33: In paragraph 1, replace the words "by the Patent Office" with the words "the federal executive authority on intellectual property", the word "preliminary" replaced by the word "formal"; in the first paragraph of the paragraph 2 words "on own initiative" delete; in paragraph 3: in the first paragraph of the word "Patent Office", replace the words "the federal executive body on intellectual property"; in the second paragraph after "receipt" by "Applicant", word "is considered" to be replaced by "is recognized"; paragraph 4 should read: " 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. In the course of a formal review, the necessary documents are checked as well as their compliance with the requirements. 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 application date set in accordance with paragraph 5 of article 32 of this Law. "; , paragraph 5: Word "declared"; to be supplemented with the following paragraphs: " During the examination of the declared symbol, the validity of the indication of the place of origin (production) of the goods shall also be verified. THE RUSSIAN FEDERATION Before a decision is taken on the results of the examination of the declared symbol, the applicant may be notified of the results of the verification of the conformity of the declared designation to the requirements established by article 30 of this Law, c The Conference of the Parties, 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. "; paragraph 6, amend to read: " 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 refuse to use the right of use of the place of origin already registered. "; item 7, add" before entering the State Register of Places of Places of origin of the goods of the Russian Federation (hereinafter referred to as the Register) The particulars of the registration of the place of origin of the goods and/or the granting of the right to use the name. ". 34. Article 34 should read as follows: " Article 34. { \b } { \b } { \b } { \b } { \b } 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. Objections to the Patent Chamber, or at the same time. ". 35. In article 35: , paragraph 1, after the word "decisions", add the words "Patent Office" to replace the words "the federal executive authority on intellectual property", and the words " The State Register of the origin of the goods of the Russian Federation (hereinafter referred to as "the Register"), replace the word "type" with "instruction"; , in paragraph 2: Replace the words "by the Patent Office" with the words " by the federal authority of the executive branch of intellectual property ", the words" three months "replace" month "; with the following paragraph: " If a document confirming the payment of a certificate of entitlement is not submitted in due course of the place of origin of the goods, this certificate shall not be issued. "; , in paragraph 3, replace the words" by the Patent Office "with the words" the federal executive authority on intellectual property ". 36. Article 36 should read as follows: " 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 shall be entered by the federal executive authority on intellectual property in the Register and certificate. ". 37. In article 37: , in the first word "Patent Office", replace the words "the federal executive authority on intellectual property"; part two, after the word "payment", add the word "appropriate"; supplement part three to read: "The federal executive body on intellectual property amends the Register and the evidence to correct obvious and technical errors.". 38. Article 38 should be amended to read: " Article 38. To publish registration and provisioning information right to use the place name of the origin Registration and entitlement details of the place of origin of the goods, Articles 35 and 37 of this Law, except for the particulars of the special properties of the goods, are published by the federal executive body on intellectual property in the official bulletin immediately after they have entered the Register. ". 39. In article 40: , in paragraph 1: , after the word "goods", add the word "economic" to read "civil"; , in paragraph 2: , replace the word "homogeneous" with the word "any". By the words "(illegal use of the place of origin of the goods)"; to be supplemented with the following paragraph: " Goods, labels, packages of these goods in which the names of place of origin are illegally used or symbols similar to them to the degree of mixing, are counterfeit. ". 40. Article 41, after the word "marking", should be supplemented with the words "in the form of the words" the registered name of the place of origin of the goods "or" registered NMPT ". 41. Article 42 should read as follows: " Article 42. Challenging the provision of legal security name of 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 to the name of the place of origin of the goods and the certificate shall be declared null and void by the decision of the Chamber of Patent Disputes as well as the court's ruling that has entered into force. ".. 42. Chapter 10 is supplemented by article 42-1 as follows: " Article 42-1. Terminating the legal security of the name of the place origin of the goods 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. court decision. " 43. Article 43 should read as follows: " Article 43. Federal Executive Office for the Intellectual Property Implementing State Policy and statutory Functions in Legal Protection of Trademarks and Names of Places The origin of the goods is the responsibility of the federal executive body on intellectual property. The Federal organ of the executive branch on intellectual property, in the cases provided for by this Act, shall issue, in accordance with its competence, regulations on the application of this Law. ". 44. Add article 43-1 as follows: " Article 43-1. Decisions of the Patent Chamber The procedure for submitting objections and applications to the Patent Disputes Chamber and the procedure for their consideration shall be established by the federal executive body on intellectual 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 The authorities on intellectual property shall enter into force on the date of their approval and may be appealed to the court in accordance with the law of the Russian Federation. " In article 44, the second sentence should be deleted after the word "dimensions" with the word "order". 46. Article 45 should read as follows: " Article 45. Disputes arising out of court Disputes arising out of the application of this Law shall be considered by the courts in accordance with their competence in accordance with the procedure established by the law of the Russian Federation, including disputes: on the violation of the exclusive right to trademark; on early termination of legal protection of a collective character due to its use on goods that do not have uniform quality or other common characteristics; the terms of the license agreement and the contract The transfer of exclusive right to a trademark (contract assignment contract); on the illegal use of the name of the place of origin of the goods. ". 47. In article 46: , in paragraph 1 of the phrase "for homogeneous goods", delete, the words "and (or)" be replaced by the word ", administrative,"; the third paragraph 2, paragraph 2, should read: " of counterfeit goods, labels, packages of illicitly used trademarks or similar to the degree of mixing of the marking or destruction of the counterfeit goods, labels, packages, if they cannot be removed from them of a trademark or similar to that used before the marking of the mark, except in the case of the use of these counterfeit goods, labels, packages in the income of a State or their transfer to the right-holder, upon his or her claim for damages or for the purpose of their subsequent destruction. "; , paragraph 3: in the first paragraph of the word "public organization or prosecutor" shall be replaced by the words "a public authority, a public prosecutor or a public organization"; paragraph 2 should read as follows: " cease its use, as well as to compensate for the loss suffered, in accordance with the civil in law; "; paragraph 4 should read as follows: " delete with counterfeit goods, labels, packages illicitly used name of place of origin or similar to the degree of mixing marking or destroying counterfeit goods, labels, packages in the event that they are not able to remove the illegally used name of the place of origin of the goods or similar to it to the degree of blend of the symbol. "; Paragraph 4, reading: " 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 the origin of the goods, the payment of the amount of monetary compensation determined by the court in the amount of from 1,000 to 50,000 minimum wages established by federal law. "; paragraph 4 read as paragraph 5. Article 2. With regard to applications for registration of trademarks, service marks, applications for registration and the right to use the name of the place of origin of the goods, applications for the right to use an already registered name of the place of origin of the goods submitted prior to the effective date of this Federal Act, as well as for registered trademarks and service marks prior to the date of entry into force of this Federal Act are as follows: transitional provisions: 1) of the trademark registration application, service marks, applications for registration and the right to use the name of the place of origin of the goods, applications for the right to use an already registered place of origin for goods not considered completed before the date of entry into force of this Federal Act, is considered by the federal executive body on intellectual property in the manner provided for by this Federal Law; 2) objections and complaints, Applications for consideration by the Appeals Chamber The Chamber of the Russian Agency for Patents and Trademarks (hereinafter referred to as the Appeals Chamber) and the Supreme Patent Chamber of the Russian Agency for Patents and Trademarks (hereinafter referred to as the Supreme Patent Chamber) are not completed before the date of entry into force of the present The Federal Act is considered by them before the establishment of the Patent Chamber. In the event that such objections, complaints and applications are not completed prior to the establishment of the Patent Chamber, after the establishment of the Patent Chamber, they shall be considered by the Patent Chamber. Objections received after the entry into force of this Federal Act are pending before the establishment of the Patent Chamber by the Appeals Chamber. In the event that such objections are not completed prior to the establishment of the Patent Chamber, after the establishment of the Patent Chamber, they shall be considered by the Patent Chamber. When considering, in accordance with this article, the Appeals Chamber, the Supreme Patent Chamber and the Patent Chamber of the objections and complaints referred to in paragraphs 1 and 2 of this paragraph, to the declared symbol The requirements of the law in force at the date of submission of the application apply. When the Supreme Patent Chamber and the Chamber of Patent Disputes are considering the declarations referred to in the first paragraph of this paragraph, the provisions of the law in effect on the date of application to the Higher Patent Chamber shall apply. Decisions taken on the outcome of the consideration of objections, complaints and petitions referred to in this paragraph shall be approved by the head of the federal executive branch on intellectual property and shall enter into force from the date of their consideration. According to the law of the Russian Federation, the registration prior to the date of entry into force of this Federal Law is subject to the requirements of the law of the Russian Federation. The law in effect on the date of application; 4) The period of challenge established by this Federal Act and the recognition of invalid legal protection for trademarks and service marks shall apply to the registered trademarks and service marks on which they are entitled to date. The entry into force of this Federal Act has not expired as stipulated in the previous legislation for the annulment of trademarks or service marks. Article 3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 11 December 2002 N 166-FZ