Article 1488. The Contract of Alienation of Exclusive Right to a Trademark
1. Under a contract of alienation of an exclusive right to a trademark one party (right holder) assigns or undertakes to assign in full his/its exclusive right to the relevant trademark in respect of all the goods or in respect of a part of the goods for the individualization of which it has been registered to the other party being the acquirer of the exclusive right.

2. The alienation of an exclusive right to a trademark is prohibited if it can mislead the consumer in respect of the goods or of the manufacturer thereof.

3. The alienation of an exclusive right to a trademark incorporating as non-protected element an appellation of origin that enjoys legal protection on the territory of the Russian Federation (Item 7 of Article 1483) is admissible only if the acquirer has an exclusive right to the appellation of origin.

Article 1489. The Licence Contract for the Granting of a Right to Use a Trademark
1. Under a licence contract one party being the owner of an exclusive right to a trademark (licensor) assigns or undertakes to assign to the other party (licensee) the right of using the trademark within the scope defined by the contract either with or without an indication of the territory on which the use is permitted as applicable to a certain area of entrepreneurial activity.

2. The licensee shall ensure the compliance of quality of the goods manufactured or sold by him/it on which he/it places the licensed trademark with the quality standard set by the licensor. The licensor is entitled to monitor the observance of this condition. The licensee and the licensor are jointly liable for the claims addressed to the licensee as the manufacture of the goods.

3. The grant of a right to use a trademark incorporating as non-protected element an appellation of origin of goods that enjoys legal protection on the territory of the Russian Federation (Item 7 of Article 1483) is admissible only if the licensee has the exclusive right to use the appellation of original.

Article 1490. The Form and State Registration of Contracts for the Disposing of Exclusive Right to a Trademark
1. A contract of alienation of an exclusive right to a trademark, a licence contract, and also the other contracts used to dispose of the exclusive right to a trademark shall be concluded in writing and are subject to state registration with the federal executive governmental body charged with intellectual property matters.

2. The procedure for the state registration of the contracts specified in Item 1 of the present article shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

Article 1491. The Effective Term of Exclusive Right to a Trademark
1. The exclusive right to a trademark shall be effective for ten days after the filing of the trademark state registration application with the federal executive governmental body charged with intellectual property matters.

2. The effective term of the exclusive right to the trademark may be extended by ten years by application of the right holder filed during the last year of the right's effective term.
The effective term of exclusive right to the trademark may be extended an infinite number of times.
By petition of the right holder a six-month term may be granted thereto upon the expiry of the effective term of the exclusive right to the trademark to file the said application, provided the duty is paid.

3. An entry on an extension of effective term of the exclusive right to the trademark shall be made by the federal executive governmental body charged with intellectual property matters in the State Register of Trademarks and in the certificate of the trademark.

 

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