Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered

in Ministry of Justice

Russian Federation

On March 21, 2003, No. 4302

ORDER OF ROSPATENT OF THE RUSSIAN FEDERATION

of March 3, 2003 No. 28

About Rules of decision making about early termination of legal protection of the trademark and service mark in case of liquidation of the legal entity - the owner of exclusive right on the trademark or the termination of business activity of the physical person - the owner of exclusive right on the trademark

For the purpose of reduction of content of regulatory legal acts of Rospatent in compliance with the Federal Law of December 11, 2002 "About modification and amendments in the Law of the Russian Federation of September 23, 1992 of N3520 "About Trademarks, Service Marks and Names of Places of Goods Origin", and also for the purpose of further enhancement of legal protection of trademarks and service marks, I order to N166-FZ:

1. Approve the enclosed Rules of decision making about early termination of legal protection of the trademark and service mark in case of liquidation of the legal entity - the owner of exclusive right on the trademark or the termination of business activity of the physical person - the owner of exclusive right on the trademark.

2. Consider invalid Corrected cancellations of registration of the trademark in case of liquidation of the legal entity - the owner of the trademark, approved by Rospatent of June 27, 1996 (registration number of the Ministry of Justice of the Russian Federation N1132 of July 24, 1996), with the changes approved by the order of Rospatent of July 27, 1998 N145 (registration number of the Ministry of Justice of the Russian Federation N1594 of August 24, 1998).

 

CEO A. D. Korchagin

Rules of decision making about early termination of legal protection of the trademark and service mark in case of liquidation of the legal entity - the owner of exclusive right on the trademark or the termination of business activity of the physical person - the owner of exclusive right on the trademark

These rules of decision making about early termination of legal protection of the trademark and service mark in case of liquidation of the legal entity - the owner of exclusive right on the trademark or the termination of business activity of the physical person - the owner of exclusive right on the trademark (further - Rules) are published according to article 43 of the Law of the Russian Federation of September 23, 1992 N3520-1 "About Trademarks, Service Marks and Names of Places of Goods Origin" (with changes and amendments) (further - the Law).

1. These rules establish procedure for decision making about early termination of legal protection of the trademark in case of liquidation of the legal entity - the owner of exclusive right on the trademark (further - the owner) or the termination of business activity of the physical person - the owner according to article 29 of the Law.

2. Decision making is performed based on the statement for early termination of legal protection of the trademark in case of liquidation of the legal entity - the owner or the termination of business activity of the physical person - the owner (further - the statement) which can be given by the interested person (further - the applicant) in federal executive body on intellectual property.

3. The statement shall belong to registration of one trademark.

4. The application is submitted according to the sample given in Appendix to these rules.

5. The application is submitted in the Russian or other language.

In the application submitted in Russian, names, names and addresses can be specified also in other language for the purposes of the publication of data in editions of federal executive body on intellectual property in other language.

If the application is submitted in other language, its translation into Russian signed by the applicant or the patent agent is applied to it.

The application submitted on another language is considered provided for date of its receipt to federal executive body on intellectual property if its translation arrived no later than two months from the date of the direction to the applicant federal executive body on intellectual property of the notification on need of accomplishment of this requirement, otherwise the statement is considered provided on receipt date of its translation.

6. The application is signed by the applicant.

If applicant is the legal entity, the application is signed by the head of the organization or the other person authorized on it in accordance with the established procedure with indication of its position, the signature is sealed the legal entity.

The signature is deciphered by specifying of surname and initials of the signing person.

7. The document confirming the fact of liquidation of the legal entity - the owner or the fact of the termination of business activity of the physical person - the owner is enclosed to the application.

Concerning the Russian legal entities as such documents can be considered the extract from the Unified State Register of Legal Entities which is drawn up in accordance with the established procedure.

Concerning the physical persons who acquired the right to implementation of business activity in the Russian Federation - the document confirming the termination of business activity of such person.

Concerning the foreign legal entities or physical persons performing business activity in addition to the document confirming the fact of liquidation of the legal entity - the owner or the fact of the termination of business activity of the physical person - the owner, the documents confirming compliance of the submitted document to the legislation of the relevant state in addition can be attached (for example, statements from regulations, judgments, etc.).

8. For business management on early termination of legal protection of the trademark the applicant can authorize the patent agent with issue of the relevant power of attorney to it.

The power of attorney issued addressed to the patent agent or its copy which can be signed by the applicant or the patent agent in federal executive body on intellectual property is submitted at the request of the patent agent. In cases of reasonable doubt of federal executive body on intellectual property in reliability of data on availability at the patent agent of appropriate authority, their reality, etc., the power of attorney or its copy is submitted in federal executive body on intellectual property on its request.

In case of representation the power of attorney or its copy join the statement.

In case of filing of application through the patent agent of the data on provision to it appropriate authority can be provided in the statement.

In case of early termination of the powers specified in the power of attorney, the applicant submits to federal executive body on intellectual property the corresponding statement.

9. The documents enclosed to the application are represented in the Russian or other language. If documents are submitted in other language, their translation into Russian signed by the applicant or the patent agent is applied to them.

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