Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since August 31, 2015 according to Item 2 the Order of the Ministry of Economics and development of Russia of July 20, 2015 No. 482

It is registered

in Ministry of Justice

Russian Federation

On March 25, 2003, No. 4322

ORDER OF ROSPATENT OF THE RUSSIAN FEDERATION

of March 5, 2003 No. 32

About Rules of creation, giving and consideration of the request for registration of the trademark and service mark

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 provision of legal protection to trademarks and service marks, I order to N166-FZ:

1. Approve priligayemy Rules of creation, giving and consideration of the request for registration of the trademark and service mark.

2. Consider invalid Corrected creation, giving and considerations of the request for registration of the trademark and service mark approved by the order of Rospatent on November 29, 1995 (registration number of the Ministry of Justice of the Russian Federation N989 of December 8, 1995), with the changes approved by the order of Rospatent of December 19, 1997 N212 (registration number of the Ministry of Justice of the Russian Federation N1453 of January 15, 1998).

 

CEO A. D. Korchagin

Rules of creation, giving and consideration of the request for registration of the trademark and service mark

These rules of creation, giving and consideration of the request for registration of the trademark and service mark (further - Rules) are published according to article 43 of the Law of the Russian Federation of September 23, 1992 N3520-I "About Trademarks, Service Marks and Names of Places of Goods Origin" (with changes and amendments) (further - the Law).

Chapter I. Creation and application for registration of the trademark and service mark

1. Application for registration of the trademark and service mark

1. The right to application for registration of the trademark and service mark (further - the request) and registration of the trademark and service mark (further - the trademark) according to Item 3 of Article 2 and Item 1 of article 8 of the Law the legal entity or the physical person performing business activity has (further - the applicant).

The request and documents attached to it are submitted to federal executive body on intellectual property directly or go by mail. The request and documents attached to it can be submitted by fax with the subsequent submission of their originals with observance of requirements of Item 5.6 of these rules.

The request and documents attached to it are submitted by the applicant directly or through the patent agent registered in federal executive body on intellectual property.

Foreign legal entities or physical persons or their patent agents who are constantly living outside the Russian Federation run the business connected with registration of the trademark through the patent agents registered in federal executive body on intellectual property if other procedure is not established by the international treaty of the Russian Federation.

2. Request for registration of the trademark

2.1. The trademark and service mark (further - the trademark) the designations serving for individualization of goods, the performed works or the rendered services (further - goods) legal entities or physical persons.

2.2. According to Item 1 of article 5 of the Law as trademarks verbal, graphic, volume and other designations or their combinations can be registered.

Words, combinations of letters having verbal nature, phrases, offers, other units of language, and also their combination belong to verbal designations.

Images of living beings, objects, natural and other objects, and also figures of any forms, compositions of lines, spots, figures on the plane belong to graphic designations.

Three-dimensional objects, figures and combinations of lines, figures belong to volume designations.

Combinations of elements of different type, graphic, verbal, volume, etc. belong to the combined designations.

To other designations, stipulated in Item 1 article 5 of the Law, sound, light and other designations belong, for example.

The trademark can be registered in any color or color combination.

2.3. Registration as trademarks of the designations specified in Item 1 of article 6 of the Law is not allowed namely:

2.3.1. the designations which do not have distinctive capability.

Can treat the designations which do not have distinctive capability, in particular:

- the designations representing the separate letters, figures which do not have characteristic graphical execution, the combinations of letters which do not have verbal nature; lines, simple geometrical figures, and also their combinations which are not forming the compositions giving qualitatively other level of perception other than perception of the separate elements entering them;

- the realistic or schematic images of goods declared on registration as trademarks for designation of these goods;

- three-dimensional objects which form is caused by exclusively functional purpose;

- the commonly accepted names representing, as a rule, the simple instructions of goods declared for designation of these goods: commonly accepted abbreviated names of the organizations, companies, industries and their abbreviation;

2.3.2. The designations consisting only of elements:

(2.3.2. 1) the goods of certain type which entered the general use for designation.

Such designation is understood as the designation used for certain goods which as a result of its prolonged use for the same goods or goods of the same type by various producers became specifying of specific type of goods;

(2.3.2. 2) being the commonly accepted symbols and terms.

The designations symbolizing industry of economy or sphere of activity to which the goods containing in the inventory for which registration of the trademark is asked belong belong to the commonly accepted symbols, as a rule; the symbols applied in science and technology.

The lexical units characteristic of the specific fields of science and technology belong to the commonly accepted terms;

(2.3.2. 3) characterizing goods, including specifying their type, quality, quantity, property, appointment, value, and also time, the place, method of production or sale.

Simple names of goods belong to such designations, in particular; designations of quality category of goods; specifying of properties of goods (including having laudatory character); instructions of material or composition of raw materials; instructions of weight, amount, price of goods; dates of production of goods; the production creations this on stories; specific names of the companies; addresses of manufacturers of goods and intermediary firms; the designations consisting in parts or in full of place names which can be apprehended as instructions on the location of the manufacturer of goods.

(2.3.2. 4) the goods representing the commonly accepted form which is determined only or mainly by property, purpose of goods, or its type.

The elements specified in subitems (2.3.2.1), (2.3.2.2), (2.3.2.3) and (2.3.2.4) these Items, can be included as unprotected elements in the trademark if they do not hold in it dominant position.

The provisions provided in subitems (2.3.2.1), (2.3.2.2), (2.3.2.3) and (2.3.2.4) these Items are not applied to designations which acquired distinctive capability as a result of their use for specific goods.

Evidence of acquisition by designation of distinctive capability is produced by the applicant. In particular, treat such proofs, data on designation use duration, on intensity of its use, etc.

2.4. According to Item 2 of article 6 of the Law owing to the international treaty of the Russian Federation registration as trademarks of the designations consisting only of the elements representing the State Emblems, flags and other state emblems reduced or full names of the international intergovernmental organizations, their coats of arms, flags and other emblems, official control, warranty and assay brands, seals, awards and other distinctions or similar to them to extent of mixture of designations is not allowed.

Such elements can be included as unprotected elements in the trademark if on it there is consent of the relevant competent authority.

2.5. Registration as trademarks or their elements of the designations representing or containing the elements specified in Item 3 of article 6 of the Law is not allowed namely:

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