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The Civil Code Of The Russian Federation
Part 4
Chapter 69. General Provisions
Chapter 71.The Rights Allied to Copyrights
Chapter 73. The Right to a Breeding Achievement
Chapter 74. The Right to Integrated Circuit Layout-Designs
Chapter 75. The Right to a Manufactory Secret (Know-How)
Chapter 76. Rights to the Means of Individualization
Chapter 77. The Right of Using the Results of Intellectual
Activity within a Unified Technology
Article 1494. The Priority of a Trademark
1. The priority of a trademark shall be established by the date of filing of the trademark application with the federal executive governmental body charged with intellectual property matters.
2. The priority of a trademark on an application filed by an applicant in accordance with Item 2 of Article 1502 of the present Code (divisional application) on the basis of another application of the same applicant for the same designation (initial application) shall be established by the date of filing of the initial application with the federal executive governmental body charged with intellectual property matters, or if a right exists to an earlier priority on the initial application, by the date of that priority, unless as of the date of filing of the divisional application the initial application is withdrawn or deemed withdrawn, and if the divisional application had been filed prior to the decision taken on the initial application.
Article 1495. The Convention and Exhibition Priority of a Trademark
1. The priority of a trademark may be established by the date of filing of the first trademark application in a member-state of the Paris Convention for the Protection of Industrial Property (convention priority) if the trademark application is filed with the federal executive governmental body charged with intellectual property matters within six months after the said date.
2. The priority of a trademark placed on exhibits of the official or officially-recognized international exhibitions organized on the territory of a member-state of the Paris Convention for the Protection of Industrial Property may be established by the date of commencement of the open show of the exhibit at the exhibition (exhibition priority), if the trademark application is filed with the federal executive governmental body charged with intellectual property matters within six months after the said date.
3. An applicant willing to use a right of convention priority or a right of exhibition priority shall indicate that while filing a trademark application or within two months after it was filed with the federal executive governmental body charged with intellectual property matters and shall attach the necessary documents confirming the legality of such claim or file these documents with the said federal body within three months after the filing of the application.
4. The priority of a trademark may be established by the date of its international registration in accordance with the international treaties of the Russian Federation.
Article 1496. The Consequences of Coincidence of the Priority Dates of Trademarks
1. If applications were filed by different applicants for identical trademarks in respect of fully coinciding or partially coinciding lists of goods, and these applications have one and the same priority date the trademark so declared for the goods of which lists coincide may be registered only in the name of one of the applicants to be chosen by agreement between them.
2. If applications for identical trademarks for fully or partially coinciding lists of goods have been filed by one and the same applicant, and these applications have one and the same priority date, the trademark for the goods for which the said lists are coincident may be registered only under one of the applications to be chosen by the applicant.
3. If applications for identical trademarks have been filed by different applicants (Item 1 of the present article), then within six months after the receipt of a relevant notice from the federal executive governmental body charged with intellectual property matters they shall notify that federal body of the agreement they have reached in choosing the specific application whereby the state registration will be sought for the trademark. During the same term the applicant that has filed applications for identical trademarks shall notify of his/its choice made (Item 2 of the present article).
Unless during the established term the federal executive governmental body charged with intellectual property matters receives the said notice or a petition for extension of the established term, the trademark applications shall be deemed withdrawn on the basis of a decision of that federal body.
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