On the Ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated April 1, 2021 No. 28-VII SAM.

      To ratify the Treaty on Trademarks, Service Marks and Appellations of Origin of the Eurasian Economic Union, concluded in Moscow on February 3, 2020.

     President    Republic of Kazakhstan

K. TOKAEV

AGREEMENT on Trademarks, Service Marks and Names of Places of Origin of Goods of the Eurasian Economic Union

     The member States of the Eurasian Economic Union, represented by their Governments, hereinafter referred to as the Member States,

      Based on the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, in particular the Protocol on the Protection and Enforcement of Intellectual Property Rights (Annex No. 26 to the Treaty on the Eurasian Economic Union of May 29, 2014),

     Striving to ensure the legal protection of trademarks, service marks and names of places of origin of goods of the Eurasian Economic Union in the territories of the Member States,

     We have agreed on the following:

Chapter I General provisions  

Article 1 Scope of application  

     1. This Agreement regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks and names of places of origin of goods of the Eurasian Economic Union (hereinafter - the Union).

     2. This Agreement does not apply to certification and warranty marks, as well as designations that cannot be represented graphically.

     3. The registration of a trademark, service mark and appellation of origin of goods of the Union shall have the force of a national registration of a trademark, service mark and appellation of origin in each Member State.

Article 2 Definitions

     For the purposes of this Agreement, concepts are used that mean the following::

     The "Unified Register of Appellations of Origin of the Union" is a set of information on the appellations of origin of the Union, consisting of national sections (by member States) and posted on the official website of the Union on the Internet information and telecommunications network;

     The "Unified Register of Trademarks of the Union" is a set of information on trademarks and service marks of the Union, consisting of national sections (by member states) and posted on the official website of the Union on the Internet information and telecommunications network;

     "applicant" means a legal entity or individual who has submitted an application for a trademark, service mark of the Union, or an application for an appellation of origin of the Union to the national patent office of a member State.;

     "application for an appellation of origin of the Union of goods" - an application for registration and granting the right to use the appellation of origin of the Union of goods or for granting the right to use the registered appellation of origin of the Union of goods, which is a document containing information necessary for registration of the appellation of origin of the Union of goods and granting the right to use it or for granting the right to use the registered appellation places of origin of the goods of the Union;

     "application for a trademark of the Union" is an application for registration of a trademark or service mark of the Union, which is a document containing information necessary for registration of a trademark or service mark of the Union.;

     "Instruction" is a document that establishes the rules governing legal relations related to the filing of an application for a trademark of the Union and an application for an appellation of origin of the Union, their consideration, registration of a trademark, service mark and appellation of origin of the Union and their legal protection.;

     "collective mark of the Union" is a trademark of an association, union or other association, the creation and activity of which do not contradict the requirements of the legislation of the member state in whose territory they were created, intended to designate goods produced and (or) sold by persons belonging to such associations.;

     "national Patent Office" is the authorized body (organization) of a Member State responsible for the implementation of this Agreement in accordance with the legislation of its State. In this Agreement, the national patent office to which an application for a trademark of the Union or an application for an appellation of origin of the Union is filed is referred to as the filing office.;

     "designation of the place of origin of the goods of the Union" - A designation that represents or contains a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical feature, or a designation derived from such a name and made known as a result of its use in relation to a product, the special properties of which are exclusively or mainly determined by the characteristics of the product. natural conditions and (or) human factors, protected simultaneously in the territories of all Member States.;

     "official website" - the official website of the Union on the Internet information and telecommunication network;

     "fee" is a fee for the performance of legally significant actions provided for in this Agreement, transferred in accordance with the legislation of the Member States.;

     "copyright holder" is a person who holds the exclusive right to a trademark, service mark of the Union, or the right to use the appellation of origin of the Union;

     "trademark certificate of the Union" is a document certifying the priority of a trademark, service mark of the Union and the exclusive right to a trademark, service mark of the Union in the territories of the Member States in respect of the goods and (or) services specified therein.;

     "certificate of the right to use the appellation of origin of the Union" is a document certifying the right to use the appellation of origin of the Union in the territories of the Member States;

     "trademark of the Union" is a trademark, service mark of the Union, which is a designation used to individualize goods, works and (or) services (hereinafter referred to as goods) and protected simultaneously in the territories of all Member States.

Chapter II Trademarks of the Union

Article 3 Exclusive right to a trademark of the Union

     1. The copyright holder has the exclusive right to use the trademark of the Union in accordance with the legislation of the Member States and to dispose of this exclusive right, and also has the right to prohibit other persons from using the trademark of the Union or designations confusingly similar to it in relation to similar goods.

     No one has the right to use, without the permission of the copyright holder, a trademark of the Union protected in the territories of the member States, or designations confusingly similar to it, in relation to homogeneous goods.

     2. The exclusive right to a trademark of the Union is valid from the date of its registration in the Unified Register of Trademarks of the Union until the expiration of 10 years, which are calculated from the date of filing an application for a trademark of the Union.

     The term of validity of the exclusive right may be extended by the filing office for 10 years upon the application of the copyright holder submitted during the last year of the validity of this right in accordance with the procedure established by the Instructions.

     3. The term of validity of the exclusive right to a trademark of the Union may be extended indefinitely.

     Fees for extending the validity period of the exclusive right to a trademark of the Union shall be paid in the amounts established by the legislation of the Member States.

     At the request of the copyright holder, he is given 6 months after the expiration of the exclusive right to a trademark of the Union to file the application specified in the second paragraph of paragraph 2 of this article, subject to payment of an additional fee in the amount established by the legislation of the State of the filing office.

     4. Disputes concerning the infringement of the exclusive right to a trademark of the Union on the territory of a Member State shall be resolved in accordance with the legislation of that State.

     5. The legislation of a Member State provides for the same liability for infringement of the exclusive right to a trademark of the Union as for infringement of the exclusive right to a trademark registered in a Member State.

Article 4 Application for a trade mark of the Union

     1. An application for a trademark of the Union shall be filed by the applicant with the national patent office in the form and in accordance with the procedure established by the Instructions.

     2. An application for a trademark of the Union must contain:

     1) the name (surname, first name, patronymic (if any) and the address of the applicant's location (place of residence), as well as the address for correspondence in the territory of the State of the filing office;

     2) the claimed designation;

      3) a list of goods in respect of which registration of a trademark of the Union is requested and which are grouped by class in accordance with the International Classification of Goods and Services for Registration of Marks provided for by the Nice Agreement on the International Classification of Goods and Services for Registration of Marks of June 15, 1957 (hereinafter - the International Classification of Goods and Services).  

      3. An application for a trademark of the Union may contain:  

     1) an indication of the establishment of an earlier priority than the date of filing the application, which may be submitted within 1 month from the date of filing the application for the trademark of the Union;

     2) an indication that the designation is declared in a color or color combination;

3) an indication that the trademark of the Union must be registered and published using the standard symbols used by the filing office;

     4) transliteration of the claimed word designation using Cyrillic alphabet;

     5) translation of the claimed verbal designation into the official languages of the Member States;

     6) description of the claimed designation;

     7) information about the applicant's representative and his address.

     4. When filing an application for a trademark of the Union or no later than 1 month from the date of receipt of such an application, the applicant submits a document confirming payment of the fee for filing an application for a trademark of the Union.

     The fee for filing an application for a trademark of the Union is paid in the amount established by the legislation of the State of the filing office.

     5. An application for registration of a trademark filed with the national patent office may be transformed into an application for a trademark of the Union, provided that the requirements for establishing convention priority are met in accordance with paragraph 2 of Article 5 of this Treaty.

     The procedure for converting an application for registration of a trademark into an application for a trademark of the Union is established by the Instruction.

      6. The application for the trademark of the Union is drawn up in Russian.  

     An application for a trademark of the Union may be drawn up in the language prescribed by the legislation of the State of the filing office, with the attachment of such an application in Russian.

     In this case, if there is disagreement on the interpretation of the content of the application for the trademark of the Union, the text of the application in Russian shall prevail.

     Correspondence between the national patent offices is conducted in Russian.

     7. The business of an application for a trademark of the Union may be conducted by the applicant independently or through a representative, including a patent attorney registered with the filing office, in accordance with international treaties and the legislation of the State of the filing office.

Article 5 The priority of the trademark of the Union

     1. For the purposes of this Agreement, the priority of a trademark of the Union is established by the date of filing an application for a trademark of the Union.

     2. The priority of a trademark of the Union may be established by the date of filing of the first trademark application in a Member State. The Paris Convention for the Protection of Industrial Property of March 20, 1883 (hereinafter referred to as the Paris Convention) (convention priority), if the application for a trademark of the Union is filed with the filing office within 6 months from the specified date.

     3. The priority of a trademark of the Union displayed on exhibits of official or officially recognized international exhibitions organized on the territory of one of the States parties to the Paris Convention may be established by the date of the beginning of the open display of the exhibit at the exhibition (exhibition priority), if the application for the trademark of the Union is filed with the filing office within 6 months from the specified date.

     4. The multiple priority of a trademark of the Union with respect to the claimed goods is established at the request of the applicant if there are several applications of this applicant for trademarks filed in the States parties to the Paris Convention for a single designation in respect of various goods specified in the filed application for a trademark of the Union.

     5. If an application for a trademark of the Union contains an indication of the establishment of an earlier priority than the date of its filing, then when filing an application for a trademark of the Union or no later than 3 months from the date of filing the application, the applicant must submit documents confirming the legality of such a claim.

     6. The highlighted applications for the trademark of the Union retain the date of filing of the initial application and its priority (if any).

     7. The priority of a trademark of the Union may be established in accordance with the Madrid Agreement on the International Registration of Marks of April 14, 1891 and the Protocol to the Madrid Agreement on the International Registration of Marks of June 27, 1989, by the date of international registration, the date of entry on territorial expansion.

Article 6 Preliminary examination of the application for the trademark of the Union. Publication of the application for the trademark of the Union

     1. The Filing Office, within 1 month from the date of receipt of the application for the trademark of the Union, verifies the correctness of the registration of the submitted application and payment of the fee in accordance with the requirements of Article 4 of this Treaty and the Instructions, as well as the availability of documents and information necessary to establish the date of filing the application for the trademark of the Union, including the correctness of the compilation of the list of goods and their classifications.

     2. In the absence of any of the elements specified in paragraph 2 of Article 4 of this Treaty in the application, the filing office decides to refuse to accept the application for a trademark of the Union for consideration.

      3. In case of incorrect registration of the application materials specified in paragraphs 2 and 3 of Article 4 of this Treaty, or the absence or incorrect registration of the document specified in paragraph 4 of Article 4 of this Treaty, or other documents provided for in the Instructions, the filing office shall send the applicant a request for the submission of missing documents and (or) the elimination of these deficiencies in 3-one month period from the date of sending the request.

     Before the expiration of the specified period, the applicant has the right to submit to the filing office a request for an extension of the deadline for submitting a response to the request.

     The deadline for submitting a response to a request is extended by the filing office for the period specified in the applicant's request, but not more than 3 months from the date of expiry of the deadline for responding to the request, subject to payment of a fee in the amount established by the legislation of the State of the filing office.

     The calculation of the period for consideration by the office of the submission of documents in accordance with paragraph 1 of this article is suspended for the time necessary for the applicant to respond to the request, taking into account the requirements provided for in paragraph three of this paragraph.

     If the missing documents specified in the request have not been submitted and/or the deficiencies have not been eliminated within the time period specified in this paragraph, the filing office shall decide to refuse to accept the application for a trademark of the Union for consideration, and a notification shall be sent to the applicant within 15 working days from the date of such decision.

     Legally significant actions on an application for a trademark of the Union, in respect of which a decision has been taken to refuse its acceptance for consideration, are not being carried out.

     In the cases specified in the first paragraph of this paragraph, the period for consideration of an application for a trademark of the Union shall be extended, but not more than 1 month from the date of receipt of the response to the request or submission of missing documents.

      4. The filing date of an application for a trademark of the Union shall be determined by the date on which the application for a trademark of the Union containing all the elements specified in paragraph 2 of Article 4 of this Treaty is submitted to the filing office.

     5. If the application for a trademark of the Union, including the transformed application, meets the requirements established by Article 4 of this Treaty, the filing office decides to publish the application on the official website and, within 5 working days from the date of such decision, notifies the applicant of the date of filing the application for the trademark of the Union, and also sends to the national The patent offices of other Member States request the submission of a document indicating the amount of the fee for the examination of the claimed designation and payment details for the payment of the fee.

     The publication of the application for the trademark of the Union on the official website in the public domain is carried out within 5 working days from the date of sending the specified notification to the applicant.

     The date of publication of the application for the trademark of the Union is the date of its posting on the official website.

     6. Each national patent office, within 5 working days from the date of receipt of the request, shall send to the filing office a document indicating the amount of the fee for the examination of the claimed designation and payment details for the payment of the specified fee.

     The amount of fees for the examination of the claimed designation (including if registration of a trademark of the Union is requested in respect of goods of more than one class in accordance with the International Classification of Goods and Services) is established by the legislation of the Member States.

     7. The filing Office, within 5 working days from the date of receipt of the documents specified in paragraph 6 of this article, shall send to the applicant a notification of the need to pay fees for the examination of the claimed designation, accompanied by documents indicating the amounts of such fees and payment details for their payment.

     8. The applicant, within 1 month from the date of sending the notification specified in paragraph 7 of this Article, shall submit to the filing office documents confirming payment of fees for the examination of the claimed designation in the prescribed amount.

     In case of failure to submit the specified documents, the application for the trademark of the Union is considered withdrawn, and the filing office sends a notification to the applicant within 5 working days.

     9. The Filing Office, within 5 working days from the date of receipt of documents confirming payment of fees for the examination of the claimed designation, shall send to the national patent offices of other Member States the published application for the trademark of the Union and documents confirming payment of fees for the examination of the claimed designation.

Article 7 Appeals of interested persons in relation to a published application for a trademark of the Union

1. Any interested person, whose rights and legitimate interests have been violated in connection with the filing of an application for a trademark of the Union, has the right to submit to the filing office, within 3 months from the date of publication of the application for a trademark of the Union, his request on the existence of grounds for refusal to register a trademark of the Union provided for in Article 8 of this Treaty.

     2. The filing Office shall notify the applicant of the received requests from interested parties and post them on the official website within 5 working days from the expiration date specified in paragraph 1 of this article.

     The applicant has the right to submit to the filing office his arguments regarding the appeals of interested persons within 3 months from the date of notification of the received appeals of interested persons.

Article 8 Grounds for refusal to register a trademark of the Union

     1. In accordance with this Agreement, the designations may not be registered as trademarks of the Union.:

     1) which are not covered by this Agreement;

     2) which have no distinguishing ability;

     3) which are descriptive, in particular, consist only of the elements:

     used to indicate the type, quality, quantity, properties, purpose, value of goods, as well as the time, place and method of their production or sale;

     which have come into general use to designate goods of a certain type;

     which are generally accepted symbols and terms;

     representing the shape of the product or its packaging, determined solely or mainly by the property or purpose of the product;

     4) which contradict public interests, public order, principles of humanity and morality;

     5) which are false or capable of misleading the consumer about the product, its place of origin or its manufacturer;

     6) which represent state symbols and signs (flags, coats of arms, orders, banknotes, etc.), abbreviated or full official names of states, names of international intergovernmental organizations, their flags, coats of arms, other symbols, signs and their elements, official control, warranty and assay stamps, seals, awards and others insignia or designations that are confusingly similar to the specified objects. Such designations may be included as non-protected elements in the trademark of the Union, if the relevant competent state body or an international intergovernmental organization agrees to this.;

     7) which are identical or confusingly similar to the official names and images of cultural heritage sites of the peoples of the Member States or objects of the world cultural or natural heritage;

     8) which are identical or confusingly similar to certification marks or conformity marks registered in accordance with the established procedure in the territories of the Member States.

     2. The designations specified in subitems 2 and 3 of paragraph 1 of this Article may be included in the trademark of the Union as unprotected if they do not occupy a dominant position in it.

     The designations specified in subitems 2 and 3 of paragraph 1 of this Article may be registered as a trademark of the Union if, as of the date of filing the application for the trademark of the Union, the claimed designation has acquired distinctive ability as a result of use in the territories of all Member States.

     A combination of the designations specified in subitems 2 and (or) 3 of paragraph 1 of this Article may be registered as a trademark of the Union if it has distinguishing ability.

     3. Designations that are confusingly identical or confusingly similar may not be registered as trademarks of the Union.:

     1) with designations applied for registration by other persons in one of the Member States in respect of similar goods and having an earlier priority, unless the application for registration of another person's trademark has been withdrawn or a decision has been taken to refuse acceptance for consideration or a decision to refuse registration.;

     2) with trademarks of other persons in respect of similar goods protected in one of the Member States and having an earlier priority;

     3) trademarks of other persons that are recognized as well-known trademarks in one of the Member States from a date earlier than the priority date of the claimed designation and are protected in that Member State in accordance with the procedure established by the legislation of that Member State.

     4. If, in the territories of the Member States, the rights to confusingly similar trademarks or claimed designations having an earlier priority date for similar goods belong to different persons, then in order to grant legal protection to the trademark of the Union, the applicant must submit to the filing office the written consent of all copyright holders.

     The provisions of the first paragraph of this paragraph shall not apply to designations confusingly similar to collective signs.

     5. Designations identical or confusingly similar to an appellation of origin protected in accordance with this Treaty or the legislation of the Member States, and with a designation applied for registration as such prior to the priority date of the trademark of the Union, may not be registered as trademarks of the Union in respect of any goods, if such registration of the trademark the Union mark is capable of misleading the consumer about the place of origin and (or) the manufacturer of the product. Such an appellation of origin or a designation confusingly similar to it may be included as an unprotected element in a trademark of the Union registered in the name of the person entitled to use such an appellation of origin if the registration of the trademark of the Union is carried out in respect of the same goods for which the appellation of origin is registered.

     6. Designations that are identical or confusingly similar to a trade name or commercial designation protected in one of the Member States (separate elements of such a name or designation) or to the name of a breeding achievement registered in accordance with the legislation of the member State, the rights to which are protected in one of the Member States, may not be registered as trademarks of the Union in respect of similar goods. the territories of a Member State were acquired by other persons earlier than the priority date of the registered trademark of the Union.

     7. Designations identical or confusingly similar to the following objects may not be registered as trademarks of the Union:

     1) the name of a work of science, literature or art known in one of the Member States, a character or quotation from such a work, a work of art or a fragment thereof - without the consent of the copyright holder, if the copyright to the corresponding work arose earlier than the priority date of the registered trademark of the Union;

     2) surname, first name, pseudonym or a designation derived from them, portrait or facsimile of a person known in one of the Member States - without the consent of this person, or his heirs, or their legal successors, or other interested persons who protect the honor and dignity of this person after his death;

     3) an industrial design, the rights to which in a Member State arose earlier than the priority date of the registered trademark of the Union and does not belong to the applicant.

Article 9 Examination of a designation applied for registration as a trademark of the Union

     1. Within 6 months from the date of sending by the filing office of the published application for the trademark of the Union and documents confirming payment of fees for the examination of the claimed designation, the national patent offices, including the filing office, shall conduct an examination, during which it is checked whether there are grounds for refusal to register the trademark of the Union provided for in paragraphs 1-5 of the Article 8 of this Agreement.

     2. Based on the results of the examination, the national patent offices prepare conclusions containing information on the results of the search and verification, with the attachment of opposing materials, if any. These opinions shall be sent to the filing office no later than the deadline specified in paragraph 1 of this article.

     The national patent offices, which, within the time period specified in paragraph 1 of this Article, do not provide the filing office with information on the existence of grounds for refusal to register a trademark of the Union, shall lose the right to notify about the existence of such grounds in respect of the application for a trademark of the Union.

     3. In the event that applications for identical or confusingly similar Union trademarks in respect of homogeneous goods are filed by different applicants and these applications have the same priority date, the Union trademark in respect of goods that are homogeneous may be registered only in the name of one of the applicants, which is determined by an agreement between them.

     4. If applications for identical Union trademarks in respect of fully or partially identical lists of goods are filed by the same applicant and these applications have the same priority date, the Union trademark in respect of goods for which the specified lists coincide may be registered only for one of the applications selected by the applicant.

     5. In the cases provided for in paragraphs 3 and 4 of this article, the filing office shall send appropriate notifications to the applicants.

Within 6 months from the date of receipt of such notification, applicants must inform the filing office about which of the applications for registration of a trademark of the Union is being sought, and the applicant who has filed applications for identical trademarks of the Union - about his choice.

     If the specified notification is not received within the prescribed period, the applications are considered withdrawn, and notifications are sent to the applicants within 15 working days from the date of expiry of this period.

     6. The filing Office, based on the conclusions of the national patent offices, including its own conclusion, as well as appeals and arguments provided for in Article 7 of this Treaty, shall send the applicant a notification of the examination results no later than 15 working days from the expiration date specified in paragraph 1 of this Article.

     Such notification shall be sent in the event that protection of the trademark of the Union cannot be granted or may be granted to a lesser extent than requested by the applicant. The opinions of the national patent offices, including the filing office, are attached to the notification.

     7. The applicant has the right to submit to the filing office his arguments and observations in connection with the notification of the results of the examination of the application for a trademark of the Union in respect of all or part of the claimed goods (hereinafter referred to as arguments and observations) within 3 months from the date of sending him such notification.

     At the request of the applicant, the specified period may be additionally extended up to 3 months, subject to payment of the fee in the amount established by the legislation of the State of the filing office.

     If no arguments and observations are submitted within the prescribed period, the filing office shall, within 1 month from the expiration date of this period, make a decision based on the results of the examination of the application for the trademark of the Union.

     The filing Office shall notify the national patent offices about them no later than 3 working days from the date of receipt of the arguments and observations, as well as the petition specified in the second paragraph of this paragraph.

     The national patent offices, within 1 month from the date of expiry of the deadline for submitting arguments and observations, consider them and make appropriate decisions, which are sent to the filing office within 3 working days from the date of their adoption.

     The filing Office sends the specified decisions to the applicant within 5 working days from the date of their receipt.

     8. Before making a decision on the registration of a trademark of the Union or on the refusal of its registration by the filing office, the applicant has the right to apply to the filing office with a petition.:

     1) on reducing the list of goods in respect of which an application for a trademark of the Union has been filed;

     2) about the withdrawal of the application for the trademark of the Union;

     3) on the transformation of an application for a trademark of the Union into a national application for registration of a trademark while maintaining the priority date;

     4) on the separation of the application for the trademark of the Union from the previously filed application for the trademark of the Union.

     9. Based on the results of consideration of the applicant's request to transform the Union trademark application into a national trademark registration application while maintaining the priority date provided for in subparagraph 3 of paragraph 8 of this Article, the filing office shall terminate the office work on the Union trademark application and notify the applicant accordingly. The application and all application materials are sent to the national patent office, to which the applicant requests to carry out the procedure for converting his application for a trademark of the Union into a national application for trademark registration.

     The National Patent Office transforms the application for a trademark of the Union into a national application for registration of a trademark, which is recognized as a properly executed national application for registration of a trademark.

     Within 5 working days from the date of the specified transformation, the national patent office shall send the applicant a notification of such transformation.

     Further paperwork on the transformed trademark application is carried out by the national patent office, while maintaining the priority date. The decision on a national trademark registration application is made by each national patent office on the basis of an opinion prepared by it.

     No fee is charged for filing and reviewing the applicant's application, as well as for conducting an expert examination of the national trademark registration application.

     10. The request for allocation of the application for the trademark of the Union provided for in subparagraph 4 of paragraph 8 of this Article must contain a list of goods from among the goods specified in the initial application for the trademark of the Union on the date of its filing with the filing office, and goods that are heterogeneous with respect to other goods contained in the initial trademark application. The Union's list of goods and in respect of which the initial application for a trademark of the Union remains in force.

Article 10 Making changes to the application for the trademark of the Union

     1. Before making a decision on the registration of a trademark of the Union, the applicant has the right to amend the application for the trademark of the Union.

     The application for amendments to the application for the trademark of the Union is submitted to the filing office.

     2. In the event of a significant change in the claimed designation or expansion of the list of goods specified in the application for the trademark of the Union, the application is rejected. Such changes can be made by the applicant as an independent application.

     The filing Office shall make the amendments specified in paragraph 1 of this article to the application for the trademark of the Union. In the event of a change in the surname, first name, patronymic (if any), location address (place of residence) or name of the applicant, the applicant's representative (if it remains the same) and (or) address for correspondence, or in the case of transfer or transfer of the right to an application for a trademark of the Union to another person, the applicant is obliged to submit The Office is filing a petition for making appropriate changes to the application before making a decision.

     3. The filing office notifies the applicant and the national patent offices of the results of consideration of the application for amendments to the Union trademark application.

     4. A fee in the amount established by the legislation of the State of the filing office shall be paid for making changes to an application for a trademark of the Union.

Article 11 Appeal against decisions of national patent offices

     1. If the applicant does not agree with the decision of the national patent office taken in accordance with the fifth paragraph of paragraph 7 of Article 9 of this Treaty, the applicant has the right to send an objection (complaint) to the national patent office against such decision (hereinafter referred to as the objection (complaint)) within 3 months from the date of the filing of the said decision by the office.

     2. An objection (complaint) is filed with the national patent office in accordance with the legislation of the Member State.

     3. The National Patent Office shall notify the filing office of the received objection (complaint) within 5 working days from the date of its receipt.

     4. The objection (complaint) is considered within a period not exceeding 3 months from the date of its receipt by the national patent office.

     5. If, within the period specified in paragraph 3 of this article, the filing office does not receive notification from the national patent office of the receipt of an objection (complaint), the filing office shall, within 1 month from the expiration date of this period, decide on registration of the trademark of the Union in respect of a part of the claimed goods or on refusal of registration. the trademark of the Union.

     6. In the case of an appeal by the applicant against the decision of the national patent office, the decision on the application for the trademark of the Union is taken by the filing office, provided that all possibilities of domestic appeal have been exhausted.

     7. The national patent office shall inform the filing office of the results of the completion of the domestic appeal procedures.

Article 12 Decisions taken based on the results of the examination of an application for a trademark of the Union

     1. Based on the opinions and decisions (if any) of the national patent offices, including the filing office, prepared (adopted) in accordance with the provisions of Article 9 of this Treaty, and taking into account the results of appeals against such decisions in accordance with the provisions of Article 11 of this Treaty (if any), the filing office shall make one of the following decisions according to the results of the examination of the application for the trademark of the Union:

     1) the decision on the registration of the trademark of the Union in respect of all declared goods. Such a decision shall be taken if the conclusion on the possibility of granting legal protection to the trademark of the Union in respect of the entire list of goods for which registration of the trademark of the Union is requested is contained in all conclusions prepared during the period provided for in paragraph 1 of Article 9 of this Treaty, or in all conclusions (decisions) specified in paragraph one of this paragraph;

     2) a decision on the registration of a trademark of the Union in respect of a part of the declared goods. Such a decision shall be taken if at least one of the conclusions (decisions) referred to in the first paragraph of this paragraph contains a conclusion that it is impossible to grant legal protection to a trademark of the Union in respect of a certain part of the goods for which registration of the trademark of the Union is requested. In this case, the decision on registration of a trademark of the Union is taken in respect of that part of the declared goods for which all conclusions (decisions) specified in the first paragraph of this paragraph contain a conclusion on the possibility of granting legal protection to the trademark of the Union.;

3) the decision to refuse registration of the trademark of the Union. Such a decision shall be taken if at least one of the conclusions (decisions) referred to in the first paragraph of this paragraph contains a conclusion that it is impossible to grant legal protection to a trademark of the Union in respect of the entire list of goods for which registration of the trademark of the Union is requested.

     2. A decision on registration of a trademark of the Union in respect of all or part of the claimed goods or on refusal to register a trademark of the Union shall be sent to the applicant and the national patent offices no later than 5 working days from the date of its adoption.

     The applicant, no later than 1 month from the date of receipt of the decision on registration of the trademark of the Union, shall pay the fee for registration of the trademark of the Union and the issuance of a certificate for the trademark of the Union in the amount established by the legislation of the State of the filing office.

     3. In case of failure to submit documents confirming payment of the fee for registration of the trademark of the Union and the issuance of a certificate for the trademark of the Union, the application for the trademark of the Union is considered withdrawn, the certificate is not issued, and the filing office sends a notification to the applicant within 5 working days.

Article 13 Unified Register of Trademarks of the Union

     1. Based on the decision on the registration of the trademark of the Union, the filing office, within 5 working days from the date of submission by the applicant of a document confirming payment of the fee for registration of the trademark of the Union and the issuance of a certificate for the trademark of the Union, registers the trademark of the Union in the Unified Register of Trademarks of the Union and issues a certificate for the trademark of the Union.

     The composition of the information included in the Unified Register of Trademarks of the Union, as well as the form of the trademark certificate of the Union and the composition of the information indicated therein are determined by the Instructions.

     2. The national patent offices that have posted the relevant information are responsible for the accuracy and completeness of the information in the national sections of the Unified Register of Trademarks of the Union.

     3. If the information in the Unified Register of Trademarks of the Union does not match the information contained in the decisions on trademark registration of the Union of National Patent Offices, the information contained in these decisions shall prevail.

     4. Changes to the information in the Unified Register of Trademarks of the Union are subject to payment of a fee in the amount established by the legislation of the State of the filing office.

     5. The National Patent Office, which maintains the national section of the Unified Register of Trademarks of the Union, draws up an extract from this section signed by the head of the national patent office.

     Such an extract has equal legal force in the territories of all Member States.

Article 14 Replacement of the national registration of a trademark by the registration of a trademark of the Union

     If an identical designation is registered as a trademark for fully or partially identical lists of goods in each of the Member States in the name of the same copyright holder, such person has the right to file an application for a trademark certificate with any national patent office of his choice.

     A trademark certificate of the Union is issued for the duration of the exclusive right to a trademark in the Member State in which this period expires later, indicating in it the priority date of such trademark in respect of completely identical goods in the territory of each of the Member States, subject to payment of the fee for registration and issuance of a trademark certificate. Of the Union in the amount established by the legislation of the Member State, to the national patent office of which the application for the issuance of a trademark certificate of the Union has been filed.

     National patent offices are required to mark in the national registers of trademarks the registration of a trademark of the Union in the Unified Register of Trademarks of the Union and to replace such registration with the previous national registration without prejudice to the rights acquired by virtue of this previous registration in each of the Member States.

Article 15 Recognition of the granting of legal protection to a trademark of the Union as invalid

     The granting of legal protection to a trademark of the Union may be challenged and invalidated in respect of all or part of the goods in the territory of any Member State by filing an objection (complaint) to the national patent office of that Member State, the appellate body and (or) directly to the court, if such an application procedure is provided for by the legislation of the relevant Member State.:

     during the period of validity of the exclusive right to a trademark of the Union - if legal protection has been granted to the trademark of the Union in violation of the requirements set out in paragraphs 1, 6 and 7 of Article 8 of this Treaty;

     within 5 years from the date of registration of the trademark of the Union in the Unified Register of Trademarks of the Union - if the trademark of the Union could not be granted legal protection on the grounds established by paragraphs 3 and 5 of Article 8 of this Treaty.;

     during the entire period of validity of the exclusive right to a trademark of the Union - if the actions of the rightholder related to granting legal protection to a trademark of the Union or another trademark of the Union confusingly similar to it and its use are recognized in accordance with the established procedure as abuse of law or unfair competition.

Article 16 Termination of legal protection of the trade mark of the Union

     1. The legal protection of the trademark of the Union is terminated:

     1) in connection with the expiration of the exclusive right to a trademark of the Union;

     2) in case of waiver by the copyright holder of the right to the trademark of the Union;

     3) on the basis of a court decision on the early termination of the legal protection of the collective mark of the Union in connection with the use of this mark on goods that do not have uniform characteristics of their quality or other common characteristics.;

     4) in the absence of a legal successor on the basis of a decision of the national patent office or a court decision on the early termination of legal protection of a trademark of the Union at the request of any person in the following cases:

     liquidation (termination of activity) of the legal entity that holds the trademark of the Union;

     death of a natural person - the copyright holder of the trademark of the Union;

     5) on the basis of a decision of the national patent office or a court decision on the early termination of legal protection of a trademark of the Union at the request of an interested person in the event that the trademark of the Union becomes a designation that has come into general use as a designation of goods of a certain type.;

     6) on the basis of a court decision on the early termination of the legal protection of the trademark of the Union in respect of all goods due to its non-use. If a court decision is taken only in respect of a part of the goods, the legal protection of the trademark of the Union is terminated in respect of this part of the goods.

     2. The legal protection of a trademark of the Union may be terminated prematurely due to its non-continuous use for any 3 years from the date of its registration in the Unified Register of Trademarks of the Union.

     An application for early termination of legal protection of a trademark of the Union due to its non-use is filed with the court by the interested person after the expiration of the specified 3 years, provided that the trademark of the Union has not been used until the filing of such an application.

     In order to preserve the registration of a trademark of the Union in force, when carrying out the procedure for early termination of legal protection of a trademark of the Union due to its non-use, the use of the trademark of the Union on the territory of any Member State is taken into account.

     When deciding on the early termination of legal protection of a trademark of the Union as a result of its non-use, the rightholder shall provide evidence of the use of the trademark of the Union, and the evidence provided by the rightholder that the trademark of the Union was not used due to circumstances beyond his control may be taken into account.

     3. For the purposes of this Agreement, the use of a trademark of the Union is recognized as its use by the copyright holder or a person to whom such a right has been granted on the basis of a license agreement, or by another person using the trademark of the Union under the control of the copyright holder (except in cases where the relevant actions are not directly related to the introduction of goods into civil circulation), as well as the use of the trademark A union with a change in its individual elements that do not affect its distinctiveness and do not limit legal protection, provided to the trademark of the Union, by:

     1) the application of the trademark of the Union on the goods for which it is registered, labels and packages of these goods;

     2) manufacture, offer for sale, sale, storage, importation of goods marked with the trademark of the Union;

     3) the use of the trademark of the Union in the performance of work, provision of services;

     4) the use of the trademark of the Union during demonstrations at exhibitions and fairs, in advertising, printed publications, on signage, documentation related to the introduction of goods into civil circulation, in the information and telecommunications network "Internet", including in the domain name.

     4. The legal protection of a trademark of the Union may not be declared invalid in accordance with Article 15 of this Treaty or terminated on the grounds provided for in subparagraphs 3-6 of paragraph 1 of this Article, without providing the rightholder with the opportunity to protect his rights within the time limits established by the legislation of the Member State for the protection of the exclusive right to the trademark in which the objection is filed (complaint) or statement.

Article 17 Cancellation of the registration of the trade mark of the Union

     1. The national patent offices shall notify the filing office of the decisions taken in accordance with Articles 15 and 16 of this Treaty that have entered into force in accordance with the laws of the Member States.

     These decisions are the basis for the cancellation of the registration of the trademark of the Union in the Unified Register of Trademarks of the Union.

     The registration of a trademark of the Union is cancelled by the filing office in connection with the recognition of the granting of legal protection to the trademark of the Union as invalid or the termination of legal protection of the trademark of the Union.

     2. On the basis of a decision to invalidate the granting of legal protection to a trademark of the Union for part of the goods or a decision on the early termination of legal protection of a trademark of the Union in respect of part of the goods, the filing office cancels the original trademark certificate of the Union and issues a new trademark certificate of the Union certifying the exclusive right to the trademark of the Union in the territories of all Member States in relation to the updated list of goods while maintaining the priority date.

     3. The registration of a trademark of the Union, which has been cancelled in the Unified Register of Trademarks of the Union, may be transformed into a national application with the preservation of the priority date of the trademark of the Union on the basis of a petition filed with the national patent office by the copyright holder or his legal successor.

Article 18 Disposal of the exclusive right to a trademark of the Union

     1. The copyright holder has the right to dispose of the exclusive right to the trademark of the Union.

     2. The exclusive right to a trademark of the Union may be the object of transfer of the right (assignment, alienation), granting of the right to use (license (sublicense) agreement, complex business license agreement (commercial concession (subconcession) agreement, pledge or other disposal by the means provided for by the legislation of a member state for trademarks registered in that Member State, as well as the transfer by way of universal succession and foreclosure on the property of the copyright holder.

     3. The transfer (assignment, alienation) of the exclusive right to a trademark of the Union under a contract is subject to registration with the filing office in accordance with the procedure established by the legislation of the State of the filing office.

     The exclusive right to a trademark of the Union may be transferred (assigned, alienated) in respect of all or part of the goods if this is provided for by the legislation of the Member States, and only if such transfer is carried out in the territories of all Member States simultaneously.

     In case of transfer (assignment, alienation) of the exclusive right to a trademark of the Union in respect of a part of the goods, the filing office shall issue a new certificate for the trademark of the Union.

     An agreement on the transfer (assignment, alienation) of an exclusive right to a trademark of the Union shall be drawn up in writing in accordance with the requirements of the legislation of the Member State in which such transfer (assignment, alienation) is subject to registration.

     Information on the registration of the transfer (assignment, alienation), transfer without a contract of the exclusive right to a trademark of the Union is entered by the filing office in the Unified Register of Trademarks of the Union.

     4. The exclusive right to a trademark of the Union may be pledged in a Member State(s) whose legislation provides for the pledge of the exclusive right to a trademark.

     The pledge of the exclusive right to a trademark of the Union is subject to registration with the filing office in accordance with the procedure established by the legislation of the State of the filing office.

     Information on the registration of the pledge of the exclusive right to a trademark of the Union is entered by the filing office in the Unified Register of Trademarks of the Union.

     5. The granting of the right to use a trademark of the Union under a license (sublicense) agreement or other agreement is subject to registration with the national patent office of the Member State in whose territory the right to use the trademark of the Union is granted, in accordance with the procedure established by the legislation of that Member State.

     Information on the registered grant of the right to use a trademark of the Union under a contract (licensed, sublicensed and (or) other) by national patent offices is entered into the Unified Register of Trademarks of the Union.

     6. A fee in the amount established by the legislation of the Member State in which registration is carried out shall be paid for the registration of the disposal of the exclusive right to a trademark of the Union under an agreement.

     7. A party(s) to a license agreement or other agreement through which, in accordance with the legislation of a member State, the right to use a trademark of the Union is granted, an agreement on the pledge of the exclusive right to a trademark of the Union is obliged (obliged) to notify the national patent office of the Member State in whose territory the relevant disposal of the exclusive right under the agreement is registered, amendment or termination of such agreements in accordance with the procedure established by the legislation of that Member State.

     Without registration of the disposal of the exclusive right to the trademark of the Union in the Unified Register of Trademarks of the Union, such an order is considered invalid. The consequences of the invalidity of the transaction are determined by the legislation of the Member States.

Article 19 Specifics of the disposal of the Union's collective mark

     1. The right to a collective mark of the Union cannot be alienated and cannot be the subject of a license agreement or other agreement through which the right to use it is granted.

     2. A person who is a member of an association that has registered a collective mark of the Union has the right to use his trademark along with the collective mark of the Union.

     3. The copyright holder of the collective mark of the Union is obliged to notify the filing office of changes in the charter (regulations) of the collective mark of the Union.

     4. A collective mark of the Union and an application for a collective mark of the Union may be transformed, respectively, into a trademark of the Union and into an application for a trademark of the Union and vice versa, subject to payment of a fee in the amount established by the legislation of the State of the filing office.

Chapter III Names of the places of origin of the Union's goods

Article 20 Procedure for registration of the appellation of origin of the goods of the Union

     1. An application for an appellation of origin of the goods of the Union shall be submitted by the applicant in the form and in accordance with the procedure established by the Instructions.

     If the applicant is a legal entity or an individual of a Member State, the filing office is the national patent office of the Member State in whose territory the geographical object is located, the name (derived from such name) of which is applied for registration as an appellation of origin of the goods of the Union. If the applicant is a legal entity or an individual from a State that is not a member of the Union, the filing office may be the national patent office of any Member State.

     2. An application for an appellation of origin of the goods of the Union must relate to one appellation of origin of the goods of the Union and contain:

     1) the name (surname, first name, patronymic (if any) and the address of the applicant's location (place of residence), as well as the address for correspondence in the territory of the State of the filing office;

     2) the claimed designation;

     3) an indication of the product for which registration is requested and the right to use the designation of the place of origin of the goods of the Union or the right to use the registered designation of the place of origin of the goods of the Union, indicating the place of its manufacture (boundaries of the geographical object);

     4) description of the special properties of the product.

     3. The following documents are attached to the application for the designation of the place of origin of the goods of the Union:

     1) for a legal entity or individual of a member state in whose territory a geographical object is located, the name (derived from such name) of which is applied for registration as an appellation of origin of the Union, - the conclusion of the authorized body of the member State that the applicant produces goods, the special properties of which are determined by the characteristics of the geographical the object's natural conditions and (or) human factors;

     2) for a legal or natural person of a state that is not a member of the Union, a document confirming the right of such person to use the declared appellation of origin of the Union in the state of origin of the goods;

     3) documents confirming payment of the fee for filing an application for the designation of the place of origin of the goods of the Union and its examination in the amount established by the legislation of the State of the filing office.

     4. The procedure for the examination of an application for an appellation of origin of the goods of the Union by the filing office shall be established by the legislation of the State of the filing office.

     The applicant may conduct business with the filing office on an application for an appellation of origin of the Union of Goods independently or through a representative, including through a patent attorney registered with the relevant filing office.

5. The designation of the place of origin of goods of the Union may be recognized as a designation that makes it possible to identify goods as originating from the territory of a certain geographical object and which, although it does not contain the name of this object, has become known as a result of the use of this designation in relation to goods whose special properties are exclusively or mainly determined by the natural conditions characteristic of this geographical object. and (or) human factors.

     The designation of the place of origin of the goods of the Union is not recognized, although it represents or contains the name of a geographical object, but it has come into general use as a designation of a certain type of product on the territory of any member State that is not related to the place of its production.

     6. If the applicant does not agree with the decision taken based on the results of the examination of the application for the designation of the place of origin of the goods of the Union, he has the right, within 3 months from the date of receipt of the decision, to appeal it in accordance with the procedure established by the legislation of the State of the filing office.

     7. The filing Office, which has taken the decision to register the appellation of origin of the Union and grant the right to use it, or the decision to grant the right to use the registered appellation of origin of the Union, shall notify the applicant of the decision within 5 working days and send requests to the national patent offices for the submission of documents indicating the amount of the registration fee and (or) the issuance of a certificate of the right to use the appellation of origin of the goods of the Union and payment details for the payment of such a fee.

     The national patent offices, within 5 working days from the date of receipt of the request, shall send to the filing office documents indicating the amount of the fee for registration and/or issuance of a certificate of the right to use the appellation of origin of the Union and payment details for payment of such fee.

     The amounts of these duties are established by the legislation of the Member States.

     The applicant, within 1 month from the date of notification of the need to pay fees for registration and/or issuance of a certificate of the right to use an appellation of origin of the Union of goods, submits to the filing office documents confirming payment of fees for registration and/or issuance of a certificate of the right to use an appellation of origin of the Union of goods.

     If these documents are not submitted, the application for the designation of the place of origin of the goods of the Union is considered withdrawn and the certificate is not issued, and the filing office sends a notification to the applicant within 5 working days.

     Based on the decision on registration of the appellation of origin of the Union and granting the right to use it (the decision on granting the right to use the registered appellation of origin of the Union), the Office submits, within 5 working days from the date of submission by the applicant, documents confirming payment of fees for registration and (or) issuance of a certificate of the right to use the appellation of origin Union goods, registers the appellation of origin of the goods of the Union in the Unified Register of Appellations of Origin of the Goods of the Union and (or) issues a certificate of the right to use the appellation of origin of the goods of the Union.

     The composition of the information entered into the Unified Register of Appellations of Origin of the Union of Goods, as well as the form of the certificate of the right to use the appellation of Origin of the Union of Goods and the composition of the information indicated therein are determined by the Instructions.

     Changes to the information in the Unified Register of Appellations of Origin of the Union's Goods are subject to payment of a fee in the amount established by the legislation of the State of origin.

     The national patent offices that have posted the relevant information are responsible for the accuracy and completeness of the information in the national sections of the Unified Register of Appellations of Origin of the Union.

Article 21 Validity period of the certificate of the right to use the appellation of origin of the goods of the Union

     1. The certificate of the right to use the appellation of origin of the goods of the Union, registered in accordance with this Agreement, is valid for 10 years from the date of filing the application for the appellation of origin of the goods of the Union.

     2. The validity period of the certificates of the right to use the appellation of origin of the goods of the Union specified in paragraph 1 of this Article and paragraph 3 of Article 23 of this Treaty may be extended upon applications from their owners submitted during the last year of validity of the relevant certificate to the filing office for 10 years, subject to the conditions granting the right to use the appellation the place of origin of the goods of the Union in the State of origin of the goods in accordance with the legislation of that State.

     The validity period of the certificate can be extended indefinitely.

     3. The extension of the validity period of the certificate of the right to use the appellation of origin of the goods of the Union is carried out in accordance with the requirements of this Agreement, if available:

     1) the rightholder (a legal entity or an individual of a member State) has an opinion from the authorized body of the member State, issued in accordance with the procedure established by the legislation of that Member State, stating that the rightholder produces goods within the boundaries of the relevant geographical object that possess the special properties specified in the certificate. Such an opinion must be received by the copyright holder during the last year of validity of the certificate of the right to use the appellation of origin of the Union;

     2) the right holder (a legal entity or an individual of a state that is not a member of the Union) has a document confirming his right to use the appellation of origin of the Union in the state of origin of the goods as of the date of filing an application for an extension of the validity period of the certificate of the right to use the appellation of origin of the Union;

     3) documents confirming the payment of duties for the extension of the validity period of the certificate of the right to use the appellation of origin of the Union in the amounts established by the legislation of the member States.

     4. At the request of the copyright holder, in order to extend the validity period of the certificate of the right to use the appellation of origin of the goods of the Union, he is given a 6-month period after the expiration of such certificate, subject to payment of an additional fee in the amount established by the legislation of the State of the filing office.

Article 22 Legal protection of the appellation of origin of the Union

     1. Legal protection of an appellation of origin of the Union is granted simultaneously in the territories of all Member States on the basis of its registration in the Unified Register of Appellations of Origin of the Union by the filing office in accordance with this Treaty.

     2. It is not allowed to use the registered appellation of origin of the goods of the Union by persons who do not have a certificate of the right to use the appellation of origin of the goods of the Union, even if the original place of origin of the goods is indicated or the name is used in translation, transliteration and transcription or in combination with words such as "type", "type", "style", "method", "imitation", "method" and the like, as well as the use of a similar designation for any goods, capable of misleading the consumer about the place of origin and the special properties of the product.

     3. In the event of termination of legal protection of the appellation of origin of the Union or invalidation of the provision of legal protection of the appellation of origin of the Union in accordance with the legislation of any Member State, the filing office is obliged to make an appropriate entry in the Unified Register of Appellations of Origin of the Union.

Article 23 Procedure for registration of an appellation of origin registered before the entry into force of this Agreement

     1. The Member States will exchange lists of names of places of origin registered before the entry into force of this Treaty, containing information from the relevant national registries.

     2. Upon completion of the procedure for exchanging the lists specified in paragraph 1 of this Article, at the request of the national copyright holder(s), subject to payment of duties in the amounts established by the legislation of the Member States, the filing office registers the appellation of origin in the Unified Register of Appellations of Origin of the Union and issues a certificate of the right to use the appellation of Origin of the Union.

     The procedure for registration of an appellation of origin registered before the date of entry into force of this Agreement in the Unified Register of Appellations of Origin of the Union, as well as the procedure for issuing a certificate of the right to use an appellation of origin of the Union, are determined by the Instructions.

3. A certificate of the right to use an appellation of origin of goods of the Union shall be issued for the duration of the right to use this appellation of origin in the Member State in which it was registered before the date of entry into force of this Treaty. If the appellation of origin is registered in several Member States before the date of entry into force of this Treaty, a certificate of the right to use the appellation of origin of the Union shall be issued for the duration of the right to use the appellation of origin in the Member State in which this period expires later, and the validity period of such certificate shall be calculated from the date of commencement the period of validity of such a right.

Chapter IV Final and transitional provisions

Article 24 Information interaction

     1. The exchange of documents and information related to applications for a trademark of the Union and applications for an appellation of origin of goods of the Union shall be carried out between national patent offices in accordance with the procedure established by the Instructions.

     2. In order to create a unified electronic record-keeping system for applications for the trademark of the Union and for applications for the appellation of origin of the Union, the member States shall ensure the implementation of measures necessary to create a single electronic file for each such application and a system of information interaction between national patent offices.

Article 25 Fees

     1. The Member States shall establish the types of legally significant actions in the registration, legal protection and use of trademarks of the Union and appellations of origin of goods of the Union in accordance with this Treaty, as well as the amounts of duties paid in the commission of such legally significant actions, based on the list of types of legally significant actions in the registration, legal protection and use of trademarks of the Union. and the names of the places of origin of the goods of the Union and the rates of duties for such legally significant actions, approved by the Council of the Eurasian Economic Commission.

     2. Amendments to the legislation of the Member States regarding the amounts of duties paid when performing legally significant actions during registration, legal protection and use of trademarks of the Union and appellations of origin of goods of the Union are carried out by the Member States on the basis of changes in duty rates approved by the Council of the Eurasian Economic Commission.

Article 26 Instructions

     1. In order to implement this Agreement, the Council of the Eurasian Economic Commission approves the Instruction within 3 months from the date of entry into force of this Agreement.

     2. The instruction contains:

     1) requirements for registration of the application for the trademark of the Union and the documents attached to it;

     2) the procedure for filing an application for a trademark of the Union and conducting a preliminary examination of such an application;

     3) the procedure for conducting an expert examination of a designation applied for registration as a trademark of the Union;

     4) the procedure for making changes to the application for the trademark of the Union;

     5) the procedure for converting an application for a trademark of the Union and a cancelled registration of a trademark of the Union into a national application for registration of a trademark, as well as a national application for registration of a trademark into an application for a trademark of the Union;

     6) the procedure for converting a collective mark of the Union and an application for a collective mark of the Union into a trademark of the Union and an application for a trademark of the Union, respectively, and vice versa;

     7) the procedure for registration of a trademark of the Union and the issuance of a trademark certificate of the Union;

     8) the procedure for maintaining the Unified Register of Trademarks of the Union;

     9) the procedure for extending the validity period of the exclusive right to a trademark of the Union;

     10) the procedure for revoking the registration of a trademark of the Union;

     11) the procedure for separating a trademark application from a previously filed trademark application of the Union;

     12) requirements for registration of the application for the designation of the place of origin of the goods of the Union and the documents attached to it;

     13) the procedure for filing an application for the designation of the place of origin of the goods of the Union;

     14) the procedure for making changes to the application for the designation of the place of origin of the goods of the Union;

     15) the procedure for registration of the appellation of origin of the goods of the Union and the issuance of a certificate of the right to use the appellation of origin of the goods of the Union;

     16) the procedure for maintaining the Unified Register of Names of Places of Origin of the Union;

     17) the procedure for extending the validity period of the certificate of the right to use the appellation of origin of the Union;

     18) the procedure for information interaction of national patent offices among themselves and with the Eurasian Economic Commission, the implementation of which is ensured using the means of the integrated information system of the Union, as well as the functioning of the official website regarding issues related to the scope of regulation of this Treaty;

     19) standard forms of documents;

     20) other rules necessary for the implementation of this Agreement.

Article 27 Introduction of amendments

     This Agreement may be amended and supplemented, which are formalized in separate protocols.

      The Protocols shall enter into force in accordance with the procedure provided for in paragraph 2 of Article 29 of this Treaty.

Article 28 Dispute resolution procedure

     Disputes related to the interpretation and/or application of this Treaty are resolved in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 29 Entry into force

     1. This Treaty is an international treaty concluded within the framework of the Union and is included in the law of the Union.

     2. This Treaty shall enter into force on the date of receipt by the depositary of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Treaty.

     The Member States shall inform the Eurasian Economic Commission through diplomatic channels about the state bodies (organizations) responsible for the implementation of this Treaty.

      3. The Member States shall notify the Eurasian Economic Commission in writing of the establishment in their legislation of the types of legally significant actions and the amounts of duties in accordance with paragraph 1 of Article 25 of this Treaty.

     4. Applications for the trademark of the Union and applications for the appellation of origin of the goods of the Union shall be accepted from the date of receipt by the Eurasian Economic Commission of the last written notification provided for in paragraph 3 of this Article.

     Done in Moscow on February 3, 2020, in one original copy in Russian.

     The original copy of this Agreement shall be kept in the Eurasian Economic Commission, which, as the depositary of this Agreement, will send a certified copy to each Member State.

For the Government of the Republic of Armenia

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Government Of the Kyrgyz Republic

For the Government Of the Russian Federation

      I hereby certify that this text is a complete and authentic copy of the Agreement on Trademarks, Service Marks and Appellations of Origin of the Eurasian Economic Union, signed on February 3, 2020 in Moscow.:  

      for the Republic of Armenia – Deputy Prime Minister of the Republic of Armenia Mikhail Grigoryan;  

      for the Republic of Belarus – Deputy Prime Minister of the Republic of Belarus I.V. Petrishenko;  

      for the Republic of Kazakhstan – First Deputy Prime Minister of the Republic of Kazakhstan – Minister of Finance of the Republic of Kazakhstan A. A. Smailov;  

      for the Kyrgyz Republic – Deputy Prime Minister of the Kyrgyz Republic J. P. Razakov;  

      for the Russian Federation – First Deputy Chairman of the Government of the Russian Federation – Minister of Finance of the Russian Federation A.G. Siluanov.  

     The original copy is kept at the Eurasian Economic Commission.

     Director of the Legal Department   Of the Eurasian Economic Commission

V. I. Taraskin    

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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