ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of March 1, 2023 No. 134

About introduction of amendments to the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482

According to Item 2 of Article 1246, Item 7 of Article 1492, Item 2 of Article 1504 of the Civil code of the Russian Federation and the paragraph the ninth Item 1, Items 5.2.28 (108) and 5.2.28(110) Regulations on the Ministry of Economic Development of the Russian Federation, No. approved by the order of the Government of the Russian Federation of June 5, 2008 437, order:

1. Approve the enclosed changes which are made to the order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482 "About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, the Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the List of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark) certificate forms on the collective mark" (it is registered by the Ministry of Justice of the Russian Federation on August 18, 2015, registration No. 38572) with the changes made by orders of the Ministry of Economic Development of the Russian Federation of October 10, 2016 No. 647 (registration No. 44265) is registered by the Ministry of Justice of the Russian Federation on November 8, 2016, of March 12, 2018 No. 113 (registration No. 50600) is registered by the Ministry of Justice of the Russian Federation on April 3, 2018, of July 16, 2020 No. 428 (registration No. 59682) is registered by the Ministry of Justice of the Russian Federation on September 7, 2020, of November 23, 2020 No. 770 (registration No. 61799) (further - changes is registered by the Ministry of Justice of the Russian Federation on December 24, 2020).

2. This order becomes effective in accordance with the established procedure, but not earlier than entry into force of the Federal Law of June 28, 2022 No. 193-FZ "About modification of part the fourth the Civil code of the Russian Federation", except for subitems 3, of 4, of the 6 and 7 Item of 1 changes which are becoming effective in accordance with the established procedure, but not earlier than entry into force of the Federal Law of May 28, 2022 No. 143-FZ "About modification of part the fourth the Civil code of the Russian Federation".

Appendix

to the Order of the Ministry of Economic Development of the Russian Federation of March 1, 2023 No. 134

Changes which are made to the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482 "About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, the Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the List of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark), certificate forms on the collective mark"

1. In Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of the trademarks, service marks, collective marks approved by the specified order:

1) in paragraphs three, the seventh and eighth the subitem 1 of Item 3 of the word of "physical person" to replace with the word of "citizen";

In paragraph seven of Item 14 of the word of "individual entrepreneur" to replace 2) with the word of "citizen";

The second Item 29 of the word "Items 1 - 7" shall be replaced with words 3) in the paragraph "Items 1 - 6, the subitem 1 of Item 7";

The second Item 37 of the word "or his manufacturer" shall be replaced with words 4) in the paragraph ", his manufacturer or production site", shall be replaced with words the words "or place of origin" ", production site or origins";

5) in Item 46:

in subitem 1 of the word of "individual entrepreneurs" to replace with the word of "citizens";

in subitem 2 of the word of "individual entrepreneurs" to replace with the word of "citizens";

6) in Item 47:

to state paragraphs of the first and second in the following edition:

"Based on the subitem 1 of Item 7 of article 1483 of the Code it is established, includes, reproduces or the geographical specifying or the name of the place of goods origin protected according to the Code and also the designations declared on registration as those before priority date of the trademark concerning homogeneous goods imitates the declared designation.

At the same time the fact that such geographical specifying, the name of the place of goods origin or similar to them to extent of mixing designation can be included as unprotected element in the trademark registered addressed to person having right to use such geographical specifying or the name of the place of goods origin is considered.";

word in paragraph three "the verbal designations and verbal elements combined" to replace with the word "declared", shall be replaced with words the words "in Item 42" "in Items 42 and 43";

"Items 1 - 7" shall be replaced with words 7) in Item 75 of the word "Items 1 - 6, the subitem 1 of Item 7".

2. In the Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark, and to the documents and their forms attached to it, approved by the specified order (further - Requirements):

In paragraph three of Item 16 of the word "the notarized copy which is drawn up in accordance with the legislation of the Russian Federation" to replace 1) with the word "copy";

2) in Item 21:

the paragraph one to state in the following edition:

"21. In the request under code 750 are given the address for correspondence with Rospatent (the location address in the Russian Federation of the applicant - the legal entity, the residence of the applicant - the citizen who is constantly living in the Russian Federation or the location of the representative, including the patent agent registered in Rospatent or other address in the territory of the Russian Federation), surname, name, middle name (in the presence) or the name of the legal entity and contact information for communication with the applicant (owner) (phone number, the fax and the e-mail address (e-mail) (in the presence) the applicant (owner) for representation to their third parties and the publication.";

in the paragraph the second "complete post" to exclude words;

3) in Item 22:

in the paragraph the second to replace words of "individual entrepreneur" with the word of "citizen";

the third and fourth to state paragraphs in the following edition:

"-the applicant's address (the address of the legal entity within its location or the address the residence of the citizen);

- applicant's identifiers: for the Russian legal entity - the primary state registration number (PSRN), the identification taxpayer number (ITN) and reason code of registration in tax authority (check point); for the Russian individual entrepreneur - the primary state registration number of record about state registration of the individual entrepreneur (PSRNSP), INN, the check point; for the citizen who is not the individual entrepreneur INN and the insurance number of the individual ledger account (INILA) is specified; for the foreign legal entity or the citizen who is constantly living outside the Russian Federation - country code of the location or residence according to the VOIS ST standard. 3, if it is established by this standard, the code of the foreign organization (CFO) (if is available), the check point (if is available);";

4) appendices No. 1, No. 3 - 17 to Requirements to state in edition according to appendix to these changes.

3. In Item 3 of the List of the data specified in the form of the certificate the trademark (service mark) to the certificate form on the collective mark approved by the specified order of the word of "the individual entrepreneur with indication of country code of the location or the residence" shall be replaced with words "the citizen, the address within the location or the residential address with indication of country code".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info