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It is registered

Ministry of Justice

Russian Federation 

On November 26, 2021 No. 66019

THE ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION AND FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON INTELLECTUAL PROPERTY

of November 1, 2021 No. 176

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2021, No. 27, the Art. 5179), Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 25, the Art. 3696), and Items 1, 5.6 Provisions on Federal Service for Intellectual Property approved by the order of the Government of the Russian Federation of March 21, 2012 No. 218 (The Russian Federation Code, 2012, No. 14, Art. 1627; 2020, to No. 16, of the Art. 2612), I order:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark.

2. This order becomes effective from the date of recognition No. 705 which voided the order of the Ministry of Economic Development of the Russian Federation of September 30, 2015 "About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark" (it is registered by the Ministry of Justice of the Russian Federation on December 25, 2015, registration No. 40240) with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 13, 2016 No. 298 (it is registered by the Ministry of Justice of the Russian Federation on July 12, 2016, registration No. 42811) and of June 7, 2017 No. 274 (registration No. 47700) is registered by the Ministry of Justice of the Russian Federation on August 7, 2017.

3. To impose control of execution of this order on the deputy manager of Federal Service for Intellectual Property V. G. Galkovskaya.

Head

G.P.Ivliyev

Approved by the Order of the Federal Service of the Russian Federation on intellectual property of November 1, 2021, No. 176

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of provision by Federal Service for Intellectual Property (Rospatent) of the state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark (further respectively - Regulations, the state service) establish terms and the sequence of ministerial procedures (actions) performed by Rospatent and also order of interaction between structural divisions of Rospatent and their officials, between Rospatent and legal entities, individual entrepreneurs, their authorized representatives, other public authorities and local government bodies, organizations and the organizations in the course of provision of the state service.

Circle of applicants

2. The statement for prolongation of effective period of exclusive right on the trademark, service mark, the collective mark (further - the statement), the petition for provision of six-months term for filing of application about prolongation of effective period of exclusive right on the trademark, service mark, the collective mark (further - the petition), the statement for withdrawal of the statement, the statement for withdrawal of the petition move the owner of exclusive right on the trademark, service mark, the collective mark (further respectively - the owner, the trademark).

Business management with Rospatent in connection with provision of the state service can be performed by the owner independently or through the patent agent registered in Rospatent or through other representative (further - applicants).

Requirements to procedure for informing on provision of the state service

3. Information on procedure for provision of the state service, and also reference information is provided:

1) by phone - workers of consulting and help Item of Rospatent and federal state budgetary institution "Federal Institute of Industrial Property" subordinated to it (further respectively - consulting and help Item, FIPS) in working hours of Item;

2) in electronic form by means of the Internet - on the official sites of Rospatent on the Internet with use of information systems FIPS (further - the official sites) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - EPGU) on the basis of the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" (further - FRGU);

3) at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence.

4. Information specified in Item 3 of Regulations is provided free of charge to any interested persons.

The specified information can be also provided by different ways, including in information brochures, booklets and on the information leaflets prepared by Rospatent and FIPS and distributed at thematic meetings.

5. Information on the course and procedure for provision of the state service is provided by workers of consulting and help Item (further - the worker) on questions, answers to which do not require the analysis of clerical work according to the specific statement, the petition and (or) explanations of provisions of the legislation of the Russian Federation.

6. In case of the response to phone call the name of body in which the call, surname, name, middle name (the last - in the presence) and position of the worker who received phone call arrived is reported.

Conversation time, as a rule, shall not exceed ten minutes.

If the worker who received call has no the relevant information necessary for the answer to the questions posed, phone call shall be readdressed (is translated) to the specialist of Rospatent, FIPS having necessary information or to the addressed person the information on method of receipt of such information shall be provided.

In case of the answer to questions by phone the worker has no right to provide information concerning being of specific statements, petitions.

7. On the official sites, in FRGU and on EPGU take place:

1) information on procedure for provision of the state service, including electronically;

2) reference information;

3) text of Regulations;

4) the list of the regulations regulating provision of the state service;

5) list of the documents necessary for provision of the state service;

6) forms of statements and petitions, models (examples) of their filling;

7) information on pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of Rospatent and FIPS, and also their officials (workers) (further - officials);

8) other information if its placement is provided by regulatory legal acts or in case of need.

The information access, posted on the official sites, on EPGU, is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant, and also provision of personal data by it.

In case of provision of the state service through EPGU information on the course of provision of the state service is placed in private office of the applicant on EPGU according to the procedure provided by Items 55, 122 - 124 Regulations.

8. Information at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence is placed in visual or text form and contains, including, examples (samples) of filling of the statement, petition, the statement for withdrawal of the statement, the statement for withdrawal of the petition and the list of the documents necessary for provision of the state service.

II. Standard of provision of the state service

Name of the state service

9. The state service in prolongation of effective period of exclusive right on the trademark, service mark, the collective mark.

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