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It is registered

Ministry of Justice

Russian Federation 

On August 18, 2015 No. 38572

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of July 20, 2015 No. 482

About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the list of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark), certificate forms on the collective mark

(as amended on 23-11-2020)

According to Item 2 of Article 1246, Item 7 of Article 1492, Item 2 of Article 1504, Items 2, 4 Articles 1511 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, 1, of the Art. 83) I order to No.:

1. Approve:

Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks;

Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark, and to the documents attached to it and their forms;

Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa;

The list of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark;

certificate form on the trademark (service mark);

certificate form on the collective mark.

2. Declare invalid the order of the Russian agency according to patents and trademarks of March 5, 2003 No. 32 "About rules of creation, giving and consideration of the request for registration of the trademark and service mark" (registration No. 4322) is registered in the Ministry of Justice of the Russian Federation on March 25, 2003.

3. 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. 482

Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks

I. Creation and submission of documents, the legally significant actions for state registration of trademarks, service marks, collective marks which are the basis for making

1. For making of legally significant actions for state registration of trademarks, service marks (further - the trademark), collective marks the following documents are submitted:

1) the request for state registration of the trademark, the collective mark (further - the request);

2) the documents attached to the request, specified in Item 2 of these rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks (further - Rules) (in case of their availability).

The request and documents attached to it (further - documents of the request) are processed according to Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark, and to the documents attached to it and their forms (further - Requirements to documents of the request) approved by this Order.

2. The documents attached to the request:

1) ceased to be valid

2) the charter of the collective mark if the application is submitted for state registration of the collective mark;

3) the copy of the first application for the trademark submitted by the applicant in the State Party of the Convention on protection of the industrial property of March 20, 1883 concluded in Paris (further - the Parisian convention), in case of submission of the request containing the requirement about establishment of conventional priority (further - the conventional request);

4) documentary confirmation of legitimacy of purchase of exhibition priority in case of submission of the request containing the requirement about establishment of exhibition priority;

5) ceased to be valid

6) documentary confirmation of foundation date of production, the applicant's right to awards if the declared designation contains specifying on foundation date of production, the image of the awards awarded to the company or goods made by the applicant;

7) documentary confirmation of consent of the relevant competent state body, body of the international or intergovernmental organization in case, stipulated in Item 2 Articles 1231.1 of part 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, the Art. 83) (further - the Code);

8) documentary confirmation of consent of the owner or person authorized by the owner on state registration of the trademark in case, stipulated in Item 4 articles 1483 of the Code;

9) documentary confirmation of consent of the owner of the trademark having earlier priority in case, stipulated in Item the 6th article 1483 of the Code;

10) documentary confirmation of consent of the owner of copyright or its legal successor in the case provided by the subitem 1 of Item 9 of article 1483 of the Code;

11) documentary confirmation of consent of the corresponding person or his heir in the case provided by the subitem 2 of Item 9 of article 1483 of the Code;

12) documentary confirmation of consent, stipulated in Item 6 and subitems 1 and 2 of Item 9 of article 1483 of the Code, in case, stipulated in Item the 10th article 1483 of the Code;

13) the power of attorney certifying powers of the representative who is not the patent agent, on business management with Rospatent, the issued by the applicant to the representative, the applicant's representative to other representative according to the procedure of retrust, or its copy certified of the procedure established by the legislation of the Russian Federation if submission of the request is performed by the representative. The legal representative represents the verified copy of the document of the established sample confirming powers of the legal representative if business management with Rospatent is performed by the applicant through the legal representative;

14) the translation of the documents attached to the request, submitted not in Russian.

3. For making of legally significant actions for state registration of trademarks, collective marks if necessary the applicant submits the following applications and petitions which are drawn up according to Requirements to documents of the request in Rospatent:

1) the statement for modification of the request regarding change of information about the applicant owing to change of the name (name) or the location (residence).

To the application it is enclosed:

a) the copy of the document confirming change of name of physical person including the copy of one of the following documents issued by body of civil registration at the place of residence or the birthplace of physical person: - certificates on marriage; - certificates on annulment of marriage; - certificates on change of name. The document confirming change of the residence of physical person, in particular, the statement from the house register or the passport copy;

b) the document confirming change of name of physical person or the name of the legal entity and (or) its residence or location stipulated by the legislation States of origin of the document if the application is submitted according to the request of the foreign applicant.

The documents confirming justification of modification of the request in connection with change of the name of the applicant and (or) his location can be enclosed to the application at the initiative of the applicant. For the Russian legal entity such document, in particular, is the extract from the Unified State Register of Legal Entities (USRLE) confirming change of the name of the legal entity, and for the Russian individual entrepreneur - the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (Unified State Register of Individual Entrepreneurs);

2) the petition for change in the request for the trademark of information about the applicant in connection with transfer of the right to registration of the trademark to other person.

To the petition it is applied:

a) the power of attorney or other document confirming powers of the representative of the applicant who is the legal successor if it appoints the representative who is not the patent agent;

b) the agreement on transfer of the right to registration of the trademark to other person or the copy of the agreement certified by agreement parties either the notary, or the agreement extract;

c) the copy of the document confirming transfer of the right to registration of the trademark, the stipulated by the legislation State of origin of the document if the application is submitted according to the request of the foreign applicant;

3) the statement for change in the request of information about the applicant in connection with transition of the right to registration of the trademark without agreement.

To the application it is enclosed:

a) the power of attorney or other document confirming powers of the representative of the applicant who is the legal successor if it appoints the representative who is not the patent agent;

b) the document confirming transition of the right to registration of the trademark to the applicant who is the legal successor in connection with reorganization of the applicant who is the legal entity, stipulated by the legislation States of origin of the document if the application is submitted according to the request of the foreign applicant who is the legal entity;

c) the copy of the certificate on the right to inheritance certified of the procedure established by the legislation of the Russian Federation if the petition moves in connection with transition of the right to registration of the trademark to other person by inheritance, with appendix of the copy of the agreement on the Section of inheritance certified by the notary in case of the Section of inheritance under the agreement between heirs;

d) the document confirming transition of the right to registration of the trademark to the applicant who is the legal successor by inheritance, stipulated by the legislation States of origin of the document if the application is submitted in connection with transition of the right to registration of the trademark to other person by inheritance according to the request of the foreign applicant.

The documents confirming justification of modification of the request in connection with transition of the right to state registration of the trademark, the collective mark, in particular the certificate of incorporation confirming change of the name of the legal entity in connection with reorganization can be enclosed to the application at the initiative of the applicant;

4) the statement for correction of plain and technical errors in documents of the request;

5) the statement for modification of the declared designation if it concerns separate elements of the trademark and does not change its being. The changed declared designation is enclosed to the application;

6) the statement for modification of the inventory concerning which registration of the trademark is asked and which are grouped in classes of the International classification of goods and services for registration of signs (further respectively - the inventory, MKTU). The changed inventory is enclosed to the application;

7) the statement for modification of the address for correspondence;

8) the petition for prolongation of term of representation of the requested additional materials;

9) the petition for recovery of the passed term of representation of the requested additional materials. In the petition the applicant specifies the reasons for which the term of representation of the requested additional materials was not observed.

Paragraph two of ceased to be valid

The additional materials requested by Rospatent in accordance with the legislation of the Russian Federation concerning which recovery of the missed representation term, or the petition for prolongation of term of their representation is asked are applied to the petition for recovery of the passed term of representation of the requested additional materials;

10) application for conversion of the request for the collective mark into the request for the trademark or on the contrary.

The documents provided by Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the approved this order (further - the Procedure for transformation) are on the contrary attached to the application for conversion of the request for the collective mark into the request for the trademark or;

11) the petition for consideration of the request with participation of the applicant;

12) statement for withdrawal of the request.

The power of attorney issued by the applicant to the representative, including the patent agent, or its copy certified of the procedure established by the legislation of the Russian Federation is enclosed to the application, at the same time the power of attorney shall confirm powers of the representative of the applicant on withdrawal of the request;

13) the petition for offsetting of the means which arrived on account of duty, or excessively paid amount of duty (when implementing legally significant actions for state registration of trademarks, service marks, collective marks).

If the petition is signed by the representative, the power of attorney confirming powers of the representative is attached to it to dispose of the money which arrived on account of payment of duty, issued by the applicant;

14) the petition for issue of the duplicate of the certificate on exclusive right on the trademark, service mark, the collective mark;

15) the petition for issue of the certificate on the trademark (service mark), certificates on the collective mark (further - the certificate) on paper.

The petition for issue of the certificate is constituted in any form.

4. The statements and petitions provided by subitems 1 - 4, 7, 11, the 12th Item 3 of these rules, are represented by the applicant before state registration of the trademark, the collective mark or before decision making about refusal in its state registration.

The statements provided by subitems 5 and 6 of Item 3 of these rules are represented by the applicant before decision making according to the request.

5. The petition provided by the subitem 8 of Item 3 of these rules is submitted the applicant:

1) within three months from the date of the direction Rospatent of request or copies of the materials contrasted the request provided that these copies were requested by the applicant within two months from the date of sending an inquiry Rospatent;

2) within seven months from the date of the direction Rospatent of the notification on need of the message:

a) about the reached agreement between different applicants concerning on what of requests state registration of the trademark, the collective mark in case, stipulated in Item 1 article 1496 of the Code is asked;

b) about the choice by the applicant of the request according to which state registration of the trademark, the collective mark in case, stipulated in Item 2 articles 1496 of the Code is asked.

6. The petition provided by the subitem 9 of Item 3 of these rules is submitted the applicant within six months from the date of the expiration of submission of the petition provided by the subitem 8 of Item 3 of these rules.

7. The statement provided by the subitem 10 of Item 3 of these rules is submitted the applicant before acceptance according to the request of the decision.

8. The petition provided by the subitem 13 of Item 3 of these rules is submitted the applicant within three years from the date of payment of duty.

9. The documents provided by subitems 1 and 2 of Item 1 of these rules and also statements and petitions, stipulated in Item 3 these rules, are represented to Rospatent:

1) in case of the personal address it is direct in Rospatent;

2) departure through the organization of mail service;

3) by fax with the subsequent submission of originals of the documents of the request faxed according to Item 13 of these rules;

4) through the official site of Rospatent on the Internet (further - the website of Rospatent) with use of information systems of Federal state budgetary institution "Federal Institute of Industrial Property";

5) with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" on the Internet (further - the Single portal of the state and municipal services).

II. Consideration of documents of the request

10. The request submitted to Rospatent is registered in the absence of the bases for refusal in its acceptance.

The bases for refusal in acceptance of the request are:

1) the request submitted on paper does not contain the statement for state registration of designation as the trademark, the collective mark (further respectively - the statement, registration of the trademark), the statement does not give in to reading or it is provided not in Russian, the applicant, its location or the residence is not specified in the statement;

2) submission of documents of the request on paper which processing is impossible for technical reasons, connected with paper condition;

3) submission of documents of the request electronically with violation of Items 14 - 16 Requirements to documents of the request.

11. In the presence of at least one of the these rules of the bases for refusal specified in Item 10 in acceptance of the request it is not registered about what Rospatent within five working days from receipt date of the request sends to the applicant the notification.

12. In the absence of the bases for refusal in acceptance of the request specified in Item 10 of these rules it is registered about what Rospatent within five working days from receipt date of the request sends to the applicant the notification with indication of receipt date and registration requisition number.

The registered request is not subject to return to the applicant.

13. In case of submission of documents requests by fax their originals shall be submitted within one month from receipt date by fax together with the cover letter identifying the documents of the request submitted by fax.

In case of observance of this Item of condition provided by paragraph one receipt date of documents of the request date of their receipt by fax is considered.

If originals of documents requests are submitted with violation of the conditions provided by paragraph one of this Item, or they are not identical to the documents of the request which arrived by fax, then receipt date of their originals is considered receipt date of documents of the request, and documents the requests submitted by fax are not considered.

If the documents attached to the request submitted by fax or their any part are not received or not read, then receipt date of the uncollected or attached to the request unreadable documents receipt date of the corresponding originals is considered.

Registration of the request submitted by fax is performed after receipt of its original and in the absence of the bases, stipulated in Item 10 these rules.

14. After registration of the request of the information about her according to Item 1 of article 1493 of the Code are published by Rospatent in the statement of Rospatent (further - the statement) for the purpose of possibility of acquaintance with them of any persons.

The following data are subject for publication:

- registration requisition number;

- receipt date of the request;

- date of the publication of the request in the statement;

- reproduction of the trademark, including three-dimensional model of the declared designation electronically in format 3D PDF;

- full name of the legal entity and the location address of the legal entity (according to the constituent document) with indication of country name or surname, name, middle name (the last - in the presence) the individual entrepreneur and his residence with indication of country name;

- the address for correspondence specified in the request;

- the inventory specified in the request.

15. According to the registered request the expertize including formal examination and examination of the designation declared as the trademark and the collective mark is carried out (further - examination of the declared designation).

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