4. The Details of Legal Protection of a Generally-Recognized Trademark

Article 1508. The Generally-Recognized Trademark
1. On an application of a person that deems a trademark he/it uses or a designation used as a trademark to be "a trademark generally-recognized in the Russian Federation" the trademark protected on the territory of the Russian Federation on the basis of its state registration or under an international treaty of the Russian Federation or the designation used as a trademark but not having legal protection on the territory of the Russian Federation may be deemed "a trademark generally-renowned on the territory of the Russian Federation" by a decision of the federal executive governmental body charged with intellectual property matters, if as the result of an intensive use this trademark or this designation had become as of the date indicated in the application broadly known in the Russian Federation among relevant consumers in respect of the applicant's goods.
The trademark and the designation used as a trademark shall not be deemed "generally-recognized trademarks" if they have become broadly known after the priority date of another person's identical or similar to the extent of confusion trademark that is intended for being used in respect of uniform goods.

2. The legal protection envisaged by the present Code for a trademark shall be granted to a generally-recognized trademark.
The grant of legal protection to a generally-recognized trademark means the recognition of an exclusive right to the generally-recognized trademark.
The legal protection of a generally-recognized trademark has infinite duration.

3. The legal protection of a generally-recognized trademark also extends to goods which are not uniform with those for which it has been declared generally-recognized if the use of this trademark by another person in respect of the said goods is going to be associated for consumers with the holder of the exclusive right to a generally-recognized trademark and it may infringe the lawful interests of the holder.

Article 1509. The Grant of Legal Protection to a Generally-Recognized Trademark
1. Legal protection shall be granted to a generally-recognized trademark under a decision of the federal executive governmental body charged with intellectual property matters taken in accordance with Item 1 of Article 1508 of the present Code.

2. A trademark deemed generally-recognized shall be entered by the federal executive governmental body charged with intellectual property matters in the List of the Trademarks Generally-Recognized in the Russian Federation (List of Generally-Resonated Trademarks).

3. A certificate of a generally-recognized trademark shall be issued by the federal executive governmental body charged with intellectual property matters within one month after the trademark is entered in the List of Generally-Recognized Trademarks.
The form of a certificate of a generally-recognized trademark and a list of the details that have to be available in the certificate shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

4. Information concerning a generally-recognized trademark shall be published by the federal executive governmental body charged with intellectual property matters in the gazette immediately after it is entered in the List of Generally-Recognized Trademarks.

 

 

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