DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of June 20, 2023 No. 80

About approval of rules of realization of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union"

According to Item 30 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) and being guided by the Decision of Board of the Eurasian economic commission of December 19, 2016 No. 169 "About approval of the Procedure for realization of general processes within the Eurasian Economic Union", the Board of the Eurasian economic commission solved:

1. Approve the enclosed Rules of realization of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union".

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Approved by the Decision of Board of the Eurasian economic commission of June 20, 2023 No. 80

Rules of realization of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union"

I. General provisions

1. These rules are developed according to the following international treaties and acts entering the right of the Eurasian Economic Union (further - the Union):

The agreement on the Eurasian Economic Union of May 29, 2014;

The agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020 (further - the Agreement on trademarks);

The decision of Council of the Eurasian economic commission of May 18, 2021 No. 53 "About some questions of implementation of the Agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020";

The decision of Board of the Euroasian economic commission of November 6, 2014 №200 "About the technological documents regulating information exchange in case of realization by means of the integrated information system of foreign and mutual trade of general processes";

The decision of Board of the Euroasian economic commission of April 14, 2015 № 29 "About the list of general processes within the Eurasian Economic Union and modification of the Decision of Board of the Euroasian economic commission of August 19, 2014 № 132";

The decision of Board of the Euroasian economic commission of June 9, 2015 №63 "About the Analysis technique, optimization, harmonizations and descriptions of general processes within the Eurasian Economic Union";

The decision of Board of the Euroasian economic commission of December 19, 2016 №. 169 "About approval of the Procedure for realization of general processes within the Eurasian Economic Union";

2. These rules determine requirements to realization of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union" (further - general process) and are the basis for process design of general process and work planning on its organizational technical supply.

Provisions of these rules concerning trademarks of the Union are applied also to collective marks of the Union taking into account the features established by these rules.

3. Realization of general process is stipulated in Item 22 lists of general processes within the Eurasian Economic Union approved by the Decision of Board of the Eurasian economic commission of April 14, 2015 No. 29.

4. For the purposes of these rules concepts which mean the following are used:

"interested person" - the physical person or legal entity which rights and legitimate interests can be violated in connection with application for the trademark of the Union and expected registration of the trademark of the Union or the rights of which is affected by decisions on the termination of legal protection of the trademark of the Union or on recognition of provision of legal protection to the trademark of the Union invalid;

"applicant" - the physical person or legal entity which submitted the application for the trademark of the Union to department of giving including the representative of the specified person, including the patent agent registered in department of giving according to international treaties and the legislation of the state of department of giving;

"person interested in receipt of data" - the physical person or legal entity, and also the representative of public authorities of state members of the Union interested in receipt of data from the Unified register of trademarks of the Union which requests and receives data on information portal of the Union.

Other concepts used in these rules are applied in the values defined by the Agreement on the Eurasian Economic Union of May 29, 2014, the Agreement on trademarks, the Instruction to the Agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020 approved by the Decision of Council of the Eurasian economic commission of May 18, 2021 No. 53 (further - the Instruction), and the acts of bodies of the Union concerning questions of creation and development of the integrated information system of the Union (further - the integrated system).

II. Purposes and tasks of realization of general process

5. The purposes of realization of general process are ensuring information support of procedures of registration, legal protection and use of trademarks of the Union, and also forming and maintaining with use of information resources of the Eurasian economic commission (further - the Commission) within the integrated system of general information resource of national patent authorities of state members of the Union (further respectively - national patent authorities, state members) - the Unified register of trademarks of the Union.

6. Within realization of general process it is necessary to solve the following problems:

a) provide information exchange between participants of general process, including information exchange between national patent authorities and between national patent authorities and the Commission;

b) provide conditions for forming and passing of requests for trademarks of the Union according to requirements according to the Agreement on trademarks and the Instruction;

c) provide forming, maintaining and use of the Unified register of trademarks of the Union;

d) provide to persons interested in receipt of data, information access, containing in the Unified register of trademarks of the Union.

III. Participants of general process

7. Participants of general process are:

a) department of giving;

b) national patent authority;

c) Commission;

d) applicant;

e) interested person;

e) persons interested in receipt of data.

8. Within realization of general process department of giving performs the following functions:

a) submission to the Commission of data on the request for the trademark of the Union (including when transforming of the national application in the request for the trademark of the Union), submitted by the applicant;

b) request at national patent authorities of data on duty amount for conducting examination of the designation declared on registration as the trademark of the Union (further - examination of the request for the trademark of the Union) and payment details for payment of this duty;

c) submission to national patent authorities of data on the published request for the trademark of the Union and data on the document confirming payment of duty by the applicant for examination of the request for the trademark of the Union;

d) request and obtaining from national patent authorities of data on payment confirmation of duties by the applicant (about lack of such data or on incomplete payment of duties);

e) submission to the Commission and national patent authorities of data on recognition of the request for the trademark of the Union withdrawn in the following cases:

petition of the applicant for withdrawal of the request for the trademark of the Union;

non-presentation by the applicant at the scheduled time of the document confirming payment of duty on examination of the request for the trademark of the Union;

non-presentation by the applicant at the scheduled time of the document confirming the consent of all owners, or the document confirming the agreement between the applicants (who submitted applications for trademarks of the Union, identical or similar to extent of mixing, concerning homogeneous goods which have the same priority date) on determination of one of applicants for whose name registration of the trademark of the Union is asked (further - the document on consent);

non-presentation by the applicant at the scheduled time of the document confirming payment of duty on registration of the trademark of the Union and issue of the certificate on the trademark of the Union;

e) submission to the Commission and national patent authorities of data on the document confirming the asked priority of the trademark of the Union, and also data on change of the request for the trademark of the Union (transformation to new requests for the trademark of the Union) according to the petition of the applicant:

about transformation of the request for the collective mark of the Union to the request for the trademark of the Union;

about transformation of the request for the trademark of the Union to the request for the collective mark of the Union;

about allocation of the request for the trademark of the Union from earlier submitted application for the trademark of the Union;

about modification of the request for the trademark of the Union;

g) submission to national patent authorities of the termination letter of clerical work according to the request for the trademark of the Union in connection with transformation to the national request for registration of the trademark and submission to national patent authorities (in whose national requests transformation of the request for the trademark of the Union is asked) petitions of the applicant for transformation of the request for the trademark of the Union to the national request for registration of the trademark and data on the request for the trademark of the Union;

h) submission to the Commission and national patent authorities of data on proofs of acquisition by designation of distinctive capability;

i) submission to the Commission and national patent authorities of the following data (documents) according to the solution of matters of argument between the applicant and the interested person:

about the address of the interested person concerning the published request for the trademark of the Union;

about the applicant's arguments in connection with the address of the interested person concerning the published request for the trademark of the Union;

j) submission to national patent authorities of the following data (documents) for the purpose of preparation of the conclusions and decision making by national patent authorities by results of examination of the request for the trademark of the Union:

document on consent;

arguments and notes of the applicant concerning results of examination of the request for the trademark of the Union;

the petition of the applicant for prolongation of term of representation of arguments and notes of the applicant concerning results of examination of the request for the trademark of the Union";

the decision on registration (concerning all declared goods or concerning part of the declared goods) or about refusal in registration of the trademark of the Union;

k) submission to the Commission and national patent authorities of the following data on the trademark of the Union:

about registration of the trademark of the Union in the Unified register of trademarks of the Union;

about transformation of the trademark of the Union to the collective mark of the Union;

about transformation of the collective mark of the Union to the trademark of the Union;

about modification of data on the trademark of the Union;

about prolongation of effective period of exclusive right on the trademark of the Union;

about cancellation of registration of the trademark of the Union in the national Section of the Unified register of trademarks of the Union;

about transformation of the cancelled registration of the trademark of the Union to the national request for registration of the trademark;

l) obtaining from national patent authorities of data on duty amount for conducting examination of the request for the trademark of the Union and payment details for payment of this duty;

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