Article 1501. The Renewal of the Term in the Case of Laches Concerning the Expert Examination of a Trademark Application
In the event of the applicant's laches in respect of the term set out in Item 4 of Article 1497 and Item 1 of Article 1500 of the present Code the term may be renewed by the federal executive governmental body charged with intellectual property matters by petition of the applicant filed within two months after the expiry of the term, if it is confirmed that the term has not been observed for a good reason and if the relevant duty has been paid. The petition for renewal of term in the case of laches shall be filed by the applicant with the said federal body simultaneously with the additional materials requested in accordance with Item 4 of Article 1497 of the present Code or with a petition for extension of the term for the filing thereof or simultaneously with the filing of an objection with the chamber of patent disputes under Article 1500 of the present Code.

Article 1502. Withdrawing a Trademark Application and Dividing the Application
1. A trademark application may be withdrawn by the applicant at any stage of examination thereof but not later than the date of state registration of the trademark.

2. During the expert examination of the trademark application the applicant is entitled until the taking of a decision on the application to file a divisional application with the federal executive governmental body charged with intellectual property matters for the same designation. Such application shall comprise a list of the goods from among those specified in the initial application as of the date of filing thereof with this federal body which are not uniform with the other goods mentioned in the list comprised by the initial application which shall remain covered by the initial application.

Article 1503. The Procedure for State Registration of a Trademark
1. Under a decision on the state registration of a trademark (Item 2 of Article 1499) the federal executive governmental body charged with intellectual property matters shall complete the state registration of the trademark in the State Register of Trademarks within one month after the receipt of a document confirming that a duty has been paid for the state registration of the trademark and for the issuance of a certificate for it.
The entry in the State Register of Trademark shall comprise the trademark, information on the right holder, the priority date of the trademark, a list of the goods to be individualized by the registered trademark, the date of its state registration, other information relating to the registration of the trademark, and also subsequent amendments to these details.

2. Unless the document on the payment of the duty specified in Item 1 of the present article is filed, the trademark shall not be registered and the relevant trademark application shall be deemed withdrawn under a decision of the federal executive governmental body charged with intellectual property matters.

Article 1504. The Issuance of a Trademark Certificate
1. A certificate of a trademark certificate shall be issued by the federal executive governmental body charged with intellectual property matters within one month after the state registration of the trademark in the State Register of Trademarks.

2. The form of a trademark certificate and a list of the details to be given therein shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

 

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