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Ministry of Justice

Russian Federation

On August 27, 2015 No. 38712

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of July 20, 2015 No. 483

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the trademark, service mark, the collective mark and issue of certificates on the trademark, service mark, the collective mark, their duplicates

(as amended on 10-10-2016)

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; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, the Art. 1393) and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the trademark, service mark, the collective mark and issue of certificates on the trademark, service mark, the collective mark, their duplicates.

2. To impose control of execution of this order on the acting as the Head of the Federal Service for Intellectual Property Kiry L. L.

Minister

A. V. Ulyukaev

Approved by the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015, No. 483

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the trademark, service mark, the collective mark and issue of certificates on the trademark, service mark, the collective mark, their duplicates

I. General provisions

Regulation subject

1. The administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the trademark, service mark, the collective mark and issue of certificates on the trademark, service mark, the collective mark, their duplicates (further respectively - Regulations, the state service) govern the relations connected with provision by Federal Service for Intellectual Property (further - Rospatent) the specified state service.

Circle of applicants

2. The request for state registration of the trademark, service mark moves the legal entity or the individual entrepreneur.

The application for state registration of the collective mark is submitted by consolidation of persons which creation and activities do not contradict the legislation of the state in which it is created.

The right to state registration of the trademark, service mark can pass to other person (legal successor) or to be transferred to it in cases and on the bases which are established by the legislation of the Russian Federation, including according to the procedure of universal succession, or under the agreement.

Business management with Rospatent can be performed by the legal entity, the individual entrepreneur specified in paragraph one of this Item, the consolidation of persons specified in the paragraph the second this Item (further - the applicant), the owner, the other person independently, or through the patent agent registered in Rospatent or through other representative.

Requirements to procedure for informing on provision of the state service

3. Location, working schedule and contact information of Rospatent and Federal state budgetary institution "Federal Institute of Industrial Property" (FIIP):

1) Rospatent location:

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 12;

FIPS location:

Moscow, Berezhkovskaya Naberezhnaya, 30, building 1 (central building);

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1;

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 2;

2) working schedule of Rospatent and FIPS:

Monday - Thursday: 9:30 - 18:15;

Friday: 9:30 - 17:00;

Saturday, Sunday, non-working holidays - the days off;

3) the location of the room of order taking for state registration of the trademark, service mark, the collective mark (further - the request) and other correspondence addressed in Rospatent or FIPS (further - documents acceptance window):

Moscow, Berezhkovskaya Naberezhnaya, 30, building 1;

working schedule of window of documents acceptance:

Monday - Thursday: 9:30 - 17:45;

Friday: 9:30 - 16:45;

break: 12:30 - 13:00;

Saturday, Sunday, non-working holidays - the days off;

4) location of consulting and help Item of Rospatent and FIPS:

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1, room 113-B;

working schedule of consulting and help Item of Rospatent and FIPS:

Monday - Friday: 11:00 - 16:00;

break: 13:00 - 14:00;

Saturday, Sunday, non-working holidays - the days off;

5) phones of consulting and help Item of Rospatent and FIPS:

8 (499) 240 60 15 - data on the course of provision of the state service;

8 (499) 240 58 42 - data on questions of procedure for provision of the state service, including of procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service;

6) the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state services) - 8 (800) 100 70 10;

7) postal address of Rospatent and FIPS: Rospatent, Berezhkovskaya Naberezhnaya, 30, building 1, Moscow, G-59, GSP-3, 125993, Russian Federation;

8) fax of Rospatent and FIPS: 8 (495) 531 63 18;

9) the address of the official site of Rospatent on the Internet (further - the website of Rospatent): http://www.rupto.ru;

the address of the official site of FIPS on the Internet (further - FIPS website): http://www.fips.ru;

the address of the official site of the Single portal of the state services on the Internet: http://www.gosuslugi.ru;

e-mail address of Rospatent and FIPS: rospatent@rupto.ru.

4. Workers of consulting and help Item of Rospatent and FIPS (further - the worker) provide information on the course and procedure for provision of the state service in questions, answers to which do not require production analysis according to the specific request and (or) the systems profound analysis of provisions of the legislation of the Russian Federation.

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.

Time of conversation shall not exceed 10 minutes.

In case of absence at the worker who received call, opportunities independently to answer the questions posed the phone call shall be readdressed (is transferred) to the specialist of Rospatent, the information on method of receipt of such information shall be provided to FIPS having necessary information, or which addressed.

In case of the answer to questions by phone the worker has no right to provide information concerning being of the request.

5. The applicant can independently receive data on the course of provision of the state service (about clerical work condition) on requisition number by means of the data posted on the website by FIPS in the Section "Information Resources / Open Registers / Register of Requests for Trademarks".

In case of application electronically data on the course of provision of the state service are posted also in private office of the applicant on the website of Rospatent or the Single portal of the state services.

6. Information on procedure for provision of the state service, including on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service is placed Rospatent:

1) on the websites of Rospatent and FIPS;

2) on the Single portal of the state services (it is provided daily and round the clock on the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the Single portal of the state services on the basis of the data containing in the Federal register of the state and municipal services (functions);

3) at information stands in consulting and help Item of Rospatent and FIPS (it is provided by workers to persons who addressed for explanations directly in the specified Item in working hours of Item or by its phone, in writing the mailing or the electronic message to the address specified by the applicant);

4) in information brochures, booklets, on information leaflets and to that similar, prepared by Rospatent, FIPS (it is provided on a grant basis at the thematic meetings organized and held by Rospatent, FIPS with applicants, owners and other interested persons concerning provision of the state services);

5) at information stands in premises of Rospatent and FIPS for order taking and other correspondence;

6) at information stands in Rospatent and FIPS for servicing of persons with limited opportunities.

7. On the websites of Rospatent and FIPS take place:

1) information, stipulated in Item 3 presents of Regulations;

2) these Regulations;

3) other regulatory legal acts governing the relations connected with provision of the state service;

4) commitment forms, petitions and other documents filed by the applicant in connection with provision of the state service;

5) information on the course of provision of the state service (clerical work condition according to the request);

6) information on procedure for provision of the state service electronically, including:

- about technical requirements to application and other documents electronically via the website of Rospatent or the Single portal of the state services;

- about types of machine-readable carriers and about the allowed data presentation formats which can be used for submission of documents to Rospatent, FIPS;

7) procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

8. On the Single portal of the state services take place:

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

2) address of the website of Rospatent;

3) the postal address and the e-mail address to which the documents necessary for provision of the state service by Rospatent can be directed;

4) working schedule of Rospatent and FIPS;

5) phone numbers for receipt of certificates of the course of provision of the state service in requisition number and information on questions of procedure for provision of the state service, on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service;

6) these Regulations;

7) other regulatory legal acts governing the relations connected with provision of the state service;

8) information on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

II. Standard of provision of the state service

Name of the state service

9. The state service in state registration of the trademark, service mark, the collective mark and issue of certificates on the trademark, service mark, the collective mark (further - the trademark), their duplicates.

The name of the federal executive body providing the state service

10. The state service is provided by Rospatent directly or with involvement of FIPS subordinated to it for carrying out preparatory work for the purpose of implementation of legally significant actions by Rospatent for provision of the state service.

11. By provision of the state service Rospatent has no right to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies, the organizations, except for receipts of the services included in the list of services which are obligatory for provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 "About approval of the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, and determination of the amount of payment for their rendering (The Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 33, Art. 4382; No. 49, Art. 6421; №52, of Art. 7207; 2014, No. 21, Art. 2712).

Description of result of provision of the state service

12. Results of provision of the state service are:

1) state registration of the trademark in the State register of trademarks and service marks of the Russian Federation (further - the State register), issue of the certificate on the trademark and the publication of the data on state registration of the trademark in the statement;

2) acceptance and direction to the applicant of one of the following decisions:

a) about refusal in adoption of the request to consideration;

b) about refusal in state registration of the trademark;

c) about recognition of the request withdrawn;

d) about allowance of the application of the applicant about withdrawal of the request;

3) introduction of data on issue of the duplicate of the certificate on the trademark in the State register, issue of the duplicate of the certificate on the trademark and the publication of data on issue of the duplicate in the statement;

4) refusal in satisfaction of the petition for issue of the duplicate of the certificate on the trademark and the direction of the notification on refusal in issue of the duplicate of the certificate on the trademark.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service, term of issue (direction) of the documents which are result of provision of the state service

13. The term of provision of the state service regarding acceptance, registration, examinations of the request and issue of the certificate on the trademark constitutes eighteen months and two weeks.

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