3. The State Registration of a Trademark

Article 1492. The Trademark Application
1. An application for state registration of a trademark (trademark application) shall be filed with the federal executive governmental body charged with intellectual property matters by a legal entity or individual entrepreneur (applicant).

2. The trademark application shall cover one trademark.

3. The trademark application shall comprise the following:
1) an application for the state registration of a designation as a trademark with reference to the applicant, his/its place of residence/whereabouts;
2) the designation being declared;
3) a list of the goods for which the trademark state registration is sought and which are classified under the classes of the International Classification of Goods and Services for Marks Registration;
4) a description of the designation being declared.

4. The trademark application shall be signed by the applicant or if the application is filed through a patent attorney or another representative, by the applicant or his/its representative who files the application.

5. The following shall be attached to the application:
1) a document confirming that a duty has been paid for the filing of the application at the established rate;
2) the charter of the collective mark if the application is filed for a collective mark (Item 1 of Article 1511).

6. The application for a trade mark shall be submitted in the Russian language.
The documents attached to the application shall be submitted in Russian or another language. If such documents are submitted in another language, then their translation into Russian shall be attached to the application. The Russian translation may be submitted by the applicant within two months from the day of sending to him by the federal body of executive power for intellectual property of a notification about the necessity of fulfilling such a requirement.

7. The requirements applicable to the documents contained in the trademark application and the documents attached thereto (application documents) shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

8. The date of filing of a trademark application is the date when the documents envisaged by Subitems 1-3 of Item 3 of the present article were received by the federal executive governmental body charged with intellectual property matters, or if these documents were not filed simultaneously, the date of receipt of the last document.

Article 1493. The Right of Reading the Documents of a Trademark Application
1. After a trademark application is filed with the federal executive governmental body charged with intellectual property matters any person is entitled to read the documents of the application filed as of the date of filing thereof.

2. The procedure for reading application documents and for issuing copies of such documents shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

 

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