ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of July 16, 2020 No. 428

About introduction of amendments to the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482 "About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, the Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the List of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark) certificate forms on the collective mark" and recognition No. 113 which voided separate provision of the Order of the Ministry of Economic Development of the Russian Federation of March 12, 2018

According to Item 2 of Article 1246, Item 7 of Article 1492 and item 4 of Article 1511 of the Civil code of the Russian Federation (Russian Federation Code, 2006, No. 52, Art. 5496; 2019, No. 30, the Art. 4132), and also according to Item 1 and subitem 5.2.28 (108) the Regulations on the Ministry of Economic Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 437 (The Russian Federation Code, 2008, No. 24, Art. 2867; 2020, to No. 23, of the Art. 3636), I order:

1. Approve the enclosed changes which are made to the order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482 "About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, Requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, the Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the List of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark) certificate forms on the collective mark" (registration No. 38572) is registered in the Ministry of Justice of the Russian Federation on August 18, 2015, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of October 10, 2016 No. 647 (it is registered in the Ministry of Justice of the Russian Federation on November 8, 2016, registration No. 44265) and of March 12, 2018 No. 113 (registration No. 50600) is registered in the Ministry of Justice of the Russian Federation on April 3, 2018.

2. Declare invalid the subitem 2 of item 4 of changes which are made to some orders of the Ministry of Economic Development of the Russian Federation regarding provision of the state services by Federal Service for Intellectual Property electronically approved by the order of the Ministry of Economic Development of the Russian Federation of March 12, 2018 No. 113 (registration No. 50600) is registered in the Ministry of Justice of the Russian Federation on April 3, 2018.

3. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Approved by the Order of the Ministry of Economic Development of the Russian Federation of July 16, 2020 No. 428

Changes which are made to the Order of the Ministry of Economic Development of the Russian Federation of July 20, 2015 No. 482 "About approval of Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of trademarks, service marks, collective marks, requirements to the documents containing in the request for state registration of the trademark, service mark, the collective mark and to the documents attached to it and their forms, procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the list of the data specified in the form of the certificate the trademark (service mark), certificate form on the collective mark, certificate forms on the trademark (service mark), certificate forms on the collective mark"

1. In Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of the trademarks, service marks, collective marks approved by the specified order:

1) in Item 2:

a) recognize subitems 1 and 5 invalid;

b) state subitem 13 in the following edition:

"13) the power of attorney certifying powers of the representative who is not the patent agent, on business management with Rospatent, the issued by the applicant to the representative, the applicant's representative to other representative according to the procedure of retrust, or its copy certified of the procedure established by the legislation of the Russian Federation if submission of the request is performed by the representative. The legal representative represents the verified copy of the document of the established sample confirming powers of the legal representative if business management with Rospatent is performed by the applicant through the legal representative;";

2) in Item 3:

a) state subitems 2 and 3 in the following edition:

"2) the petition for change in the request for the trademark of information about the applicant in connection with transfer of the right to registration of the trademark to other person.

To the petition it is applied:

a) the power of attorney or other document confirming powers of the representative of the applicant who is the legal successor if it appoints the representative who is not the patent agent;

b) the agreement on transfer of the right to registration of the trademark to other person or the copy of the agreement certified by agreement parties either the notary, or the agreement extract;

c) the copy of the document confirming transfer of the right to registration of the trademark, the stipulated by the legislation State of origin of the document if the application is submitted according to the request of the foreign applicant;

3) the statement for change in the request of information about the applicant in connection with transition of the right to registration of the trademark without agreement.

To the application it is enclosed:

a) the power of attorney or other document confirming powers of the representative of the applicant who is the legal successor if it appoints the representative who is not the patent agent;

b) the document confirming transition of the right to registration of the trademark to the applicant who is the legal successor in connection with reorganization of the applicant who is the legal entity, stipulated by the legislation States of origin of the document if the application is submitted according to the request of the foreign applicant who is the legal entity;

c) the copy of the certificate on the right to inheritance certified of the procedure established by the legislation of the Russian Federation if the petition moves in connection with transition of the right to registration of the trademark to other person by inheritance, with appendix of the copy of the agreement on the Section of inheritance certified by the notary in case of the Section of inheritance under the agreement between heirs;

d) the document confirming transition of the right to registration of the trademark to the applicant who is the legal successor by inheritance, stipulated by the legislation States of origin of the document if the application is submitted in connection with transition of the right to registration of the trademark to other person by inheritance according to the request of the foreign applicant.

The documents confirming justification of modification of the request in connection with transition of the right to state registration of the trademark, the collective mark, in particular the certificate of incorporation confirming change of the name of the legal entity in connection with reorganization can be enclosed to the application at the initiative of the applicant;";

b) in subitem 6 of the word", connected with its reducing" to exclude;

c) in subitem 9:

the paragraph one to state in the following edition:

"9) the petition for recovery of the passed term of representation of the requested additional materials. In the petition the applicant specifies the reasons for which the term of representation of the requested additional materials was not observed.";

declare paragraph two invalid;

d) state subitem 10 in the following edition:

"10) application for conversion of the request for the collective mark into the request for the trademark or on the contrary.

The documents provided by Procedure for transformation of the request for state registration of the collective mark to the request for state registration of the trademark, service mark and vice versa, the approved this order (further - the Procedure for transformation) are on the contrary attached to the application for conversion of the request for the collective mark into the request for the trademark or;";

e) to state paragraph two of subitem 12 in the following edition:

"The power of attorney issued by the applicant to the representative, including the patent agent, or its copy certified of the procedure established by the legislation of the Russian Federation is enclosed to the application, at the same time the power of attorney shall confirm powers of the representative of the applicant on withdrawal of the request;";

e) state subitem 13 in the following edition:

"13) the petition for offsetting of the means which arrived on account of duty, or excessively paid amount of duty (when implementing legally significant actions for state registration of trademarks, service marks, collective marks).

If the petition is signed by the representative, the power of attorney confirming powers of the representative is attached to it to dispose of the money which arrived on account of payment of duty, issued by the applicant;";

g) add with the subitem 14 of the following content:

"14) the petition for issue of the duplicate of the certificate on exclusive right on the trademark, service mark, the collective mark.";

The word "Petition" to replace 3) in Item 7 with the word "Statement";

Paragraph one of Item 9 to state 4) in the following edition:

"9. The documents provided by subitems 1 and 2 of Item 1 of these rules and also statements and petitions, stipulated in Item 3 these rules, are represented to Rospatent:";

Item 16 to state 5) in the following edition:

"16. Prior to formal examination of the request payment of the duties established by Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on geographical specifying, the name of the place of goods origin and also with state registration of alienation of exclusive right is checked for result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement, the approved order of the Government of the Russian Federation of December 10, 2008 No. 941 (The Russian Federation Code, 2008, No. 51, Art. 6170; 2020, No. 23, the Art. 3861) (further - Regulations on duties).";

6) in Item 18:

a) state paragraph two in the following edition:

"If as a result of check of payment of duty it is determined what from the submitted documents of the request cannot be determined unambiguously what duty amount shall be paid as in documents of the request there is no inventory, to the applicant goes the notification on need within two months from the date of the direction of the specified notification to provide the inventory allowing to determine duty amount which needs to be paid. In case of representation at the scheduled time of the inventory allowing to determine duty amount which needs to be paid to the applicant the notification according to the first paragraph of this Item goes.";

b) add with paragraphs of the following content:

"If within two months from the date of the direction of the notification specified in paragraph one of this Item payment of duties in the amount of and procedure, the established Regulations on duties, is not confirmed, to the applicant the notification on charge of the corresponding duty with indication of need within six months from the date of the expiration specified in the notification provided by paragraph one of this Item of Rules to pay duty in the amount of, increased by 50 percent goes.

If within two months from the date of the direction of the notification specified in the paragraph the second this Item, the inventory allowing to determine unambiguously what amount of duties shall be paid is not provided, according to the request the decision on recognition of the request withdrawn is made.";

Paragraphs two and third Item 19 to state 7) in the following edition:

"If the added duty is not paid in the amount of and procedure, the established Regulations on duties, according to the request the decision on recognition of the request withdrawn is made.

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