§ 2. The Right to a Trademark and the Right to a Service Mark

1. Basic Provisions

 

Article 1477. The Trademark and the Service Mark

1. An exclusive right certified by a certificate of a trademark (Article 1481) is recognized for the trademark, i.e. a designation serving for individualizing goods of legal entities or individual entrepreneurs.

2. The rules of the present Code concerning trademarks are applicable to service marks, i.e. to designations serving for individualizing the works or services performed/provided by legal entities or individual entrepreneurs respectively.

Article 1478. The Owner of an Exclusive Right to a Trademark
A legal entity or an individual entrepreneur may be the owner of an exclusive right to a trademark.

Article 1479. The Effect of Exclusive Right to a Trademark on the Territory of the Russian Federation
An exclusive right to a trademark registered by the federal executive governmental body charged with intellectual property matters is effective on the territory of the Russian Federation as well as in the other cases envisaged by an international treaty of the Russian Federation.

Article 1480. The State Registration of a Trademark
The state registration of a trademark shall be carried out by the federal executive governmental body charged with intellectual property matters in the State Register of Trademarks and Service Marks of the Russian Federation (the State Register of Trademarks) in the procedure established by Articles 1503 and 1505 of the present Code.

Article 1481. The Trademark Certificate

1. A trademark certificate shall be issued for a trademark registered in the State Register of Trademarks.

2. A certificate of a trademark certifies the priority of the trademark and the exclusive right to the trademark in respect of the goods specified in the certificate.

Article 1482. The Types of Trademarks

1. Word, image, 3-dimension and other designations or combinations thereof may be registered as trademarks.

2. A trademark may be registered in any colour or in any colour-combination.

 

 

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