Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered

in Ministry of Justice

Russian Federation

On March 24, 2003, No. 4312

ORDER OF ROSPATENT OF THE RUSSIAN FEDERATION

of March 3, 2003 No. 29

About Rules of decision making about early termination of action of the certificate on right to use by the name of the place of goods origin in case of liquidation of the legal entity - the owner of the certificate

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 names of places of goods origin, I order to N166-FZ:

Approve the enclosed Rules of decision making about early termination of action of the certificate on right to use by the name of the place of goods origin in case of liquidation of legal litsaobladatel of the certificate.

 

CEO A. D. Korchagin

Rules of decision making about early termination of action of the certificate on right to use by the name of the place of goods origin in case of liquidation of the legal entity - the owner of the certificate

These rules of decision making about early termination of action of the certificate on right to use by the name of the place of goods origin in case of liquidation of the legal entity - the owner of the certificate (further - Rules) are published according to article 43 of the Law of the Russian Federation "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 action of the certificate on right to use by the name of the place of goods origin in case of liquidation of the legal entity - the owner of the certificate on right to use by the name of the place of goods origin (further - the owner of the certificate) according to article 42.1 of the Law.

2. Decision making is performed based on the statement for early termination of action of the certificate on right to use by the name of the place of goods origin in case of liquidation of the legal entity - the owner of the certificate (further - the statement) which can be submitted by the interested person (further - the applicant) in federal executive body on intellectual property.

3. The statement shall belong to one certificate on right to use by the name of the place of goods origin.

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 in other 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 of the certificate 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 foreign legal entities, in addition to the document confirming the fact of liquidation of the legal entity - the owner of the certificate, the documents confirming compliance of the submitted document on liquidation 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 action of the certificate on right to use by the name of the place of goods origin 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 for early termination of action of the certificate on right to use by the name of the place of goods origin.

In case of early termination of the powers specified in 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.

10. The statement and documents attached to it are submitted to federal executive body on intellectual property directly or go by mail. The statement and documents attached to it can be submitted by fax with the subsequent submission of their originals with observance of the below-specified requirements.

Originals of the statement and the documents attached to it faxed shall be provided within one month from their receipt date by fax together with the cover letter identifying the documents which arrived earlier by fax.

In case of observance of this condition receipt date of the document its receipt date by fax is considered.

If the original document arrived after the specified term or the document which arrived by fax is not identical to the provided original, the document is considered arrived on receipt date of the original, and contents of the document which arrived by fax are not taken further into account.

Before submission of the original the document faxed is considered not arrived.

If any document or its part which arrived by fax are not read or part of the document is not received, the relevant document or its part are considered arrived on receipt date of the original.

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