Moscow, Russia, +7(495) 232-39-68 ip@ipprolaw.com

Article 1499. The Expert Examination of a Designation Declared as a Trademark
1. An expert examination of a designation declared as a trademark (expert examination of a declared designation) shall be carried out on an application accepted for consideration as the result of a formal expert examination.
During the expert examination the compliance of the declared designation with the requirements set out in Article 1477 and Items 1-7 of Article 1483 of the present Code shall be verified and the priority of the trademark shall be established.

2. According to the result of the expert examination of the declared designation, the federal executive governmental body charged with intellectual property matters shall take a decision either on the state registration of the trademark or on the refusal to grant registration thereto.

3. Until the taking of a decision on the results of the expert examination of the declared designation a notice in writing may be sent to the applicant on the results of the verification of compliance of the declared designation with the requirements set out in Paragraph 2 of Item 1 of the present article with a proposal to provide the applicant's arguments concerning the reasons set out in the notice. The applicant's arguments shall be taken into account when a decision is taken on the results of the expert examination of the declared designation, if they are submitted within six months after the dispatch of the said notice to the applicant.

4. A decision on the state registration of a trademark may be reviewed by the federal executive governmental body charged with intellectual property matters until the registration of the trademark, in connection with:
1) the receipt of an application having an earlier priority in accordance with Articles 1494, 1495 and 1496 of the present Code for an identical designation or a designation similar thereto to the extent of confusion in respect of uniform goods;
2) the state registration as an appellation of origin of goods of a designation identical or similar to the extent of confusion to the trademark specified in the decision on registration;
3) the finding of an application comprising an identical trademark or the finding of a protected identical trademark in respect of fully or partially coinciding lists of goods having the same or an earlier trademark priority;
4) the change of applicant that can lead in the event of state registration of the declared designation as a trademark to the consumer's being mislead concerning the goods or the manufacturer thereof.

Article 1500. Challenging Decisions on a Trademark Application

1. The decisions of the federal executive governmental body charged with intellectual property matters on a refusal to accept for consideration a trademark application, on the state registration of a trademark, on refusal to grant state registration to a trademark and on deeming a trademark application withdrawn may be challenged by the applicant by means of filing an objection with the chamber of patent disputes within three months after the receipt of the relevant decision or of the copies of the materials opposing the application requested from the said federal executive governmental body, provided the applicant requested copies of the materials within one month after his/its receipt of the relevant decision.

2. During the examination of the objection by the chamber of patent disputes the applicant may make to the application documents the amendments permitted in accordance with Items 2 and 3 of Article 1497 of the present Code if such amendments eliminate the reasons serving as the only ground for refusal to grant state registration to the trademark, and if the making of these amendments allows to take a decision on granting state registration to the trademark.


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IPPro ltd.
17 Lobachika str.,
Office 610,
P.O. box 27,
Moscow, Russia, 107113
Phone/Fax:
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+7(495) 234-08-44

Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw

 


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