ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of August 27, 2015 No. 607

About approval of the Procedure for acquaintance with documents of the request for state registration of the trademark, service mark, the collective mark and issue of copies of such documents, forms of the petition for acquaintance with documents of the request for state registration of the trademark, service mark, collective mark and issue of copies of such documents

According to Item 2 of Article 1246, Item 2 of Article 1493 parts four of the Civil code of the Russian Federation (Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; 29, of the Art. 4342) I order to No.:

1. Approve:

Procedure for acquaintance with documents of the request for state registration of the trademark, service mark, collective mark and issue of copies of such documents;

form of the petition for acquaintance with documents of the request for state registration of the trademark, service mark, collective mark and issue of copies of such documents.

2. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Approved by the Order of the Ministry of Economic Development of the Russian Federation of August 27, 2015, No. 607

Procedure for acquaintance with documents of the request for state registration of the trademark, service mark, collective mark and issue of copies of such documents

1. Acquaintance with documents of the request for state registration of the trademark, service mark, the collective mark (further - documents of the request) and issue of copies of such documents are performed according to the petition of any person for acquaintance with documents of the request and issue of copies of such documents (further respectively - the applicant, the petition) provided in the form approved by this Order.

2. After receipt of the petition in Federal Service for Intellectual Property (Rospatent) observance of the following conditions is checked:

1) payment of duty in the amount of and procedure, the established Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement, the approved order of the Government of the Russian Federation of December 10, 2008 No. 941 (The Russian Federation Code, 2008, No. 51, Art. 6170; 2011, No. 39, Art. 5487; 2013, No. 47, Art. 6106; 2016, No. 13, Art. 1844);

2) absence in documents of the request of data, access to which is limited in accordance with the legislation of the Russian Federation. In the presence in documents of the request of the specified data acquaintance with documents of the request and issue of copies of such documents are performed only concerning documents of the request, access to which is not limited in accordance with the legislation of the Russian Federation.

3. In case of observance 2 presents of the Procedure for acquaintance with documents of the request for state registration of the trademark, service mark, the collective mark specified in Item and issue of copies of such documents of conditions Rospatent performs matching of documents of the request on paper from archival fund of Federal state budgetary institution "Federal Institute of Industrial Property" (FIIP), including from the remote fund of archival storage of FIPS.

Matching of documents of the request in electronic form is performed from electronic document management system according to the FIPS trademarks.

4. Preparation of copies of documents of the request is performed on paper concerning the following of the documents of the request specified by the applicant:

- provided by the applicant according to the request for state registration of the trademark, service mark, including in response to examination requests, stipulated in Item 4 Articles 1497 parts four of the Civil code of the Russian Federation (The Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; No. 29, the Art. 4342) (further - the Code), on the notification, stipulated in Item 3 articles 1499 of the Code;

- the information about persons having right to use of the collective mark, and also statement from the charter of the collective mark about single characteristics of quality and about other general characteristics of goods concerning which this sign is registered provided by the applicant according to the request for state registration of the collective mark, in particular;

- directed to the applicant according to the request for the trademark during implementation of examination of the trademark, including stipulated in Item 4 Articles 1497, Item 2 of Article 1498, Items 2, 3 articles 1499 of the Code;

- containing the arguments of any persons about discrepancy of the declared designation to requirements of articles 1477 and 1483 of the Code provided according to Item 1 of article 1493 of the Code.

In case of issue by Rospatent to the applicant of copies of documents of the request if the number of sheets of copies of documents of the request exceeds one leaf, sheets of the prepared copies of documents of the request are ratified and certified by prostanovka of the official who certified the copy with disaggregation of surname and initials, dates of assurance and round stamp of Rospatent.

If the number of sheets of copies of documents of the request does not exceed one, the signature of the official who certified the copy with disaggregation of surname and initials, date of assurance and round stamp of Rospatent are put on leaf of the copy of the document of the request after the text containing on it.

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