5. The Details of Legal Protection of a Collective Mark

Article 1510. The Right to a Collective Mark
1. An association of persons whose creation and activity do not conflict with the legislation of the state in which it is formed is entitled to register a collective mark in the Russian Federation. The collective mark is a trademark intended for designating the goods which are manufactured or sold by the persons being members of the association and which have their uniform characteristics of quality or other common characteristics.
Each person being a member of the association may use the collective mark.

2. A right to a collective mark is unalienable and it shall not be the subject matter of a licence contract.

3. A person being a member of an association that has registered a collective mark is entitled to use his/its own trademark and the collective mark.

Article 1511. The State Registration of a Collective Mark
1. The application for registration of a collective mark (collective mark application) filed with the federal executive governmental body charged with intellectual property matters shall be accompanied by a charter of the collective mark comprising the following:
1) the name of the association authorized to register the collective mark in its name (right holder);
2) a list of the persons entitled to use the collective mark;
3) the purpose of registration of the collective mark;
4) a list of, the uniform characteristics of quality of, or other common characteristics of the goods which are going to be designated by the collective mark;
5) terms for using the collective mark;
6) provisions on the procedure for monitoring the use of the collective mark;
7) provisions on liability for a breach of the charter of the collective mark.

2. In addition to the details required by Articles 1503 and 1504 of the present Code the following shall be entered to the State Register of Trademarks and a certificate of a collective mark: information on the persons entitled to use the collective mark. This information and also an abstract from the charter of the collective mark on the uniform characteristics of the quality of, and the common characteristics of the goods for which this mark is registered shall be published by the federal executive governmental body charged with intellectual property matters in the gazette.
The right holder shall notify the federal executive governmental body charged with intellectual property matters of the amendments made to the charter of a collective mark.

3. If a collective mark is used on goods not having uniform quality characteristics or other common characteristics the legal protection of the collective mark may be terminated before due date in full or in part under a court's decision adopted on an application of any person concerned.

4. A collective mark and a collective mark application may be transformed into a trademark and a trademark application respectively and vice versa. The procedure for such transformation shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

 

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