Article 1497. The Expert Examination of a Trademark Application and the Making of Amendments to Application Documents
1. An expert examination of a trademark shall be carried out by the federal executive governmental body charged with intellectual property matters.
The expert examination of the application shall include a formal expert examination and an expert examination of the designation declared as a trademark (declared designation).

2. During the expert examination of the trademark application the applicant is entitled to amend, update or correct the materials of the application, for instance by means of filing additional materials, until the time when a decision is taken on the application.
If the additional materials comprise a list of the goods not mentioned in the application as of the date when the application was filed or significantly modify the declared designation of the trademark such additional materials shall not be accepted for consideration. They may be arranged and filed by the applicant as an independent application.

3. A change in the details of the applicant is a trademark application, for instance in the event of assignment or transfer of the right of registering the trademark or due to a change in the name of the applicant, and also the correction of obvious and technical errors in application documents may be made until the state registration of the trademark (Article 1503).

4. During the expert examination of a trademark application the federal executive governmental body charged with intellectual property matters is entitled to request additional materials from the applicant without which the expert examination is impossible.
The additional materials shall be submitted by the applicant within two months after his/its receipt of the relevant request or copies of the materials specified in the applicant's reciprocal request, provided these copies have been requested by the applicant within one month after his/its receiving the request from the federal executive governmental body charged with intellectual property matters. Unless within the said term the applicant files the additional materials requested or a petition for extension of the term set for the filing thereof, the application shall be deemed withdrawn under a decision of the federal executive governmental body charged with intellectual property matters. On the applicant's petition the term set for the filing of the additional materials may be extended by the said federal body by up to six months.
The additional materials comprising a list of the goods not mentioned in the application as of the date when it was filed or significantly modifying the declared designation of the trademark are subject to the rules of Item 2 of the present article.

Article 1498. The Formal Expert Examination of a Trademark Application
1. A formal expert examination of a trademark application shall be carried out within one month after it was filed with the federal executive governmental body charged with intellectual property matters.

2. During the formal expert examination of the trademark application the presence of the necessary application documents and their compliance with established requirements shall be verified. According to the results of the formal examination, either the application shall be accepted for consideration or a decision shall be taken on refusal to accept it for consideration. The applicant shall be notified of the results of the formal expert examination by the federal executive governmental body charged with intellectual property matters.
Simultaneously with a notice of a positive result of the formal expert examination of the application information shall be sent to the applicant about the date of filing of the application established according to Item 8 of Article 1492 of the present Code.

 

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