of February 11, 2025 No. 14
About the technological documents regulating information exchange in case of realization by means of the integrated information system of the Eurasian Economic Union 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 № 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 November 6, 2014 № 200, the Board of the Eurasian economic commission decided:
1. Approve enclosed:
Rules of information exchange in case of realization by means of the integrated information system of the Eurasian Economic Union of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union";
Regulations of information exchange between national patent authorities in case of realization by means of the integrated information system of the Eurasian Economic Union of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union";
Regulations of information exchange between national patent authorities and the Eurasian economic commission in case of realization by means of the integrated information system of the Eurasian Economic Union of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union";
The description of formats and structures of the electronic documents and data used for realization by means of the integrated information system of the Eurasian Economic Union of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union";
Procedure for accession to 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.
Chairman of Board of the Eurasian economic commission
B. Sagintayev
Approved by the Decision of Board of the Eurasian economic commission of February 11, 2025 No. 14
1. These rules are developed according to the following international treaties and acts constituting 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);
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" (further - the Instruction);
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 Eurasian economic commission of January 27, 2015 №5 "About approval of Rules of electronic data exchange in the integrated information system of foreign and mutual trade";
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";
The 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".
2. These rules "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union" (further - general process), including the description of the procedures performed within this general process are developed for the purpose of determination of procedure and conditions of information exchange between participants of general process.
3. These rules are applied by participants of general process in case of control of procedure for performing procedures and transactions within general process, and also during the designing, development and completion of components of the information systems providing realization of general process.
4. For the purposes of these rules concepts which mean the following are used:
"department of giving" - national patent authority of state member of the Union to which the application for the trademark of the Union is submitted;
"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;
"the request for the trademark of the Union, the request for TZ of the Union" - the request for registration of the trademark, service mark or the collective mark of the Union which is the document containing the data necessary for registration of the trademark, service mark, the collective mark of the Union;
"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;
"duty" - the payment for implementation of the legally significant actions provided by the Agreement, listed according to the legislation of state member of the Union;
"the trademark of the Union, TZ of the Union" - the trademark, service mark or the collective mark of the Union representing the designation serving for individualization of goods, works and (or) services and protected at the same time in the territories of all state members 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, the Instruction and acts of bodies of the Union concerning questions of creation and development of the integrated information system of the Union.
5. Full name of general process: "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union".
6. Specification symbol of general process: P.SP.02, version 1.0.0.
7. The purposes 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 information system of the Union 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.
8. For goal achievement of general process it is necessary to solve the following problems:
a) provide information exchange of 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 the requirements specified in the Agreement and the Instruction;
c) provide forming, maintaining and use of the Unified register of trademarks of the Union;
d) provide information access, containing in the Unified register of trademarks of the Union, to persons interested in receipt of such information.
9. The list of participants of general process is provided in table 1.
Table 1
List of participants of general process
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.ACT.001 |
Commission |
the structural divisions of the Commission providing creation and maintaining the thematic Section as a part of information portal of the Union and placement of state members of the Union by national patent authorities in its scope of information about requests for the trademark of the Union and data of the Unified register of trademarks of the Union; submission to national patent authorities on their request of data from the Unified register of trademarks of the Union for the purpose of synchronization of contents of national Sections of the Unified register of trademarks of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on the request for the trademark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on recognition of the request for the trademark of the Union of withdrawn; obtaining from department of giving and providing the publication on information portal of the Union 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; obtaining from department of giving and providing the publication on information portal of the Union of proofs of acquisition by designation of distinctive capability; obtaining from department of giving and providing the publication on information portal of the Union of data on allocation of the request for the trademark of the Union from earlier submitted application for the trademark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on transformation of the cancelled registration of the trademark of the Union to the national request for registration of the trademark; |
|
obtaining from department of giving and providing the publication on information portal of the Union of data (documents) according to the solution of matters of argument between the applicant and interested persons; obtaining from department of giving and providing the publication on information portal of the Union in the Unified register of trademarks of the Union of data on the trademark of the Union; obtaining from national patent authorities and providing the publication on information portal of the Union of data on transformation of the request for the trademark of the Union to the national request for registration of the trademark; obtaining from department of giving and providing the publication on information portal of the Union of data on transformation of the collective mark of the Union to the trademark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on transformation of the trademark of the Union to the collective mark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of changes in data of the Unified register of TZ of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on refusal of exclusive right on the trademark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on cancellation of registration of the trademark of the Union; obtaining from department of giving and providing the publication on information portal of the Union of data on prolongation of effective period of exclusive right on TZ of the Union; providing on a grant basis access to the data published on information portal of the Union, including with realization of function of search and unloading of data in external formats, to applicants, interested persons, and also other persons interested in receipt of the specified data | ||
|
P.SP.02.ACT.001 |
department of giving |
the authorized body performing functions of department of giving according to the Agreement and the Instruction responsible for: submission to the Commission of data on the request for the trademark of the Union (including, when transforming the national request to the request for the trademark of the Union) for the publication on information portal of the Union; 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 duty on conducting examination; submission to national patent authorities of data on the published request for the trademark; request and obtaining from national patent authorities of data on payment confirmation of duties; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on recognition of the request for the trademark of the Union of withdrawn; submission to the Commission for the publication on information portal of the Union and in 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; 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; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on proofs of acquisition by designation of distinctive capability; |
|
submission to national patent authorities of the document on consent; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on allocation of the request for TZ of the Union from earlier submitted application for TZ of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on transformation of the cancelled registration of TZ of the Union to the national request for registration of TZ; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on transformation of the collective mark of the Union to TZ of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on the TZ transformation of the Union to the collective mark of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on modification of data of the Unified register of TZ of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on refusal of exclusive right on TZ of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on cancellation of registration of TZ of the Union; submission to the Commission for the publication on information portal of the Union and in national patent authorities of data on prolongation of effective period of exclusive right on TZ of the Union; | ||
|
submission to the Commission for the publication on information portal of the Union of data (documents) according to the solution of matters of argument between the applicant and interested persons; submission to national patent authorities of 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; submission to the Commission for the publication in the Unified register of trademarks of the Union on information portal of the Union and in national patent authorities of data on the trademark of the Union; obtaining from national patent authorities of the conclusion (decision) on results of examination; obtaining from national patent authorities of the notification on the arrived claim to the decision on examination; obtaining from national patent authorities of data on results of interstate appeal of the decision on examination; obtaining from national patent authorities of the notification on need of submission of the document on consent; 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; obtaining from national patent authority of data on recognition of provision of legal protection to the trademark of the Union invalid or data on the termination of legal protection of the trademark of the Union; submission to national patent authorities on their request of the materials and documents used during registration or other procedures connected with TZ of the Union (or about lack of such data); forming and maintaining the national Section of the Unified register of trademarks of the Union | ||
|
P.SP.02.ACT.002 |
national patent authority |
the authorized body performing functions of national patent authority according to the Agreement and the Instruction responsible for: request at the Commission and receipt of data from the Unified register of trademarks of the Union for the purpose of synchronization of contents of national Sections of the Unified register of trademarks of the Union; submission to department of giving on its request 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; submission to department of giving on its request of data on payment confirmation of duties on conducting examination; submission to department of submission of data concerning the request for the trademark of the Union; submission to department of submission of the notification on the arrived claim to the decision on examination; submission to department of submission of data on results of interstate appeal of the decision on examination; submission to department of submission of the notification on need of submission of the document on consent; submission to the Commission for the publication on information portal of the Union of data on transformation of the request for the trademark of the Union to the national request for registration of the trademark; submission to department of submission of data on recognition of provision of legal protection to the trademark of the Union invalid or about the termination of legal protection of the trademark of the Union; submission to department of giving on its request of the materials and documents used during registration or other procedures connected with the trademark of the Union (or about lack of such data); obtaining from department of submission of data on the published request for the trademark of the Union for conducting examination; obtaining from department of submission of data (documents) according to the solution of matters of argument between the applicant and interested persons; obtaining from department of submission of data on recognition of the request for the trademark of the Union of withdrawn; |
|
obtaining from department of submission of data on the document confirming the asked priority of the trademark of the Union and also 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; obtaining from department of submission 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 the petition 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 (if the national patent authority is department in which transformation of the request for the trademark of the Union to the national request for registration of the trademark is asked); obtaining from department of submission of data on proofs of acquisition by designation of distinctive capability; obtaining from department of submission of data on transformation of the cancelled registration of the trademark of the Union to the national request for registration of the trademark; obtaining from department of submission of data on transformation of the collective mark of the Union to the trademark of the Union; obtaining from department of submission of data on transformation of the trademark of the Union to the collective mark of the Union; obtaining from department of submission of data on modification of data of the Unified register of trademarks of the Union; obtaining from department of submission of data on refusal of exclusive right on the trademark of the Union; obtaining from department of submission of data on cancellation of registration of the trademark of the Union; obtaining from department of submission of data on prolongation of effective period of exclusive right on the trademark of the Union; obtaining from department of submission of data (documents) concerning objection (claim) of the applicant on experimental testimony and decisions according to the request for the trademark of the Union; obtaining from department of submission of data on the trademark of the Union; obtaining from department of submission of the document on consent | ||
|
P.SP.02.ACT.003 |
user of the Unified register of trademarks of the Union |
the user of the thematic Section as a part of information portal of the Union within which placement of data on requests for the trademark of the Union and data of the Unified register of trademarks of the Union, including the applicant, the interested person, and also person interested in receipt of data is provided. Requests and receives data on the requests for TZ of the Union registered by TZ of the Union and the related information |
10. General process represents set of the procedures grouped according to the destination:
a) procedures of submission of data by consideration of the request and decision making according to the request for TZ of the Union;
b) procedures of submission of data in case of amendment of data and contest by interested persons of the request for TZ of the Union;
c) procedures of submission of data when transforming the request for TZ of the Union;
d) procedures of submission of data in case of change of the request for TZ of the Union;
e) procedures of submission of data when TZ transforming the Union;
e) procedures of submission of data in case of change of data on TZ of the Union;
g) procedures of submission of data from the Unified register of TZ of the Union;
h) procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union;
i) procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union;
j) procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union.
11. When carrying out the actions directed to registration of TZ of the Union and also when maintaining the Unified register of TZ of the Union the Commission provides publication and updating on information portal of the Union of data on requests for TZ of the Union and data of national Sections (on state members) the Unified register of TZ of the Union containing data on the registered TZ of the Union based on the data received from departments of giving and information on change of such data. Departments of giving also direct the data on the requests for TZ of the Union registered by TZ of the Union, included or changed in national Sections of the Unified register of TZ of the Union published on information portal of the Union in national patent authorities.
In case of receipt by department of application for TZ of the Union from the applicant the following procedures of general process included in group of procedures of submission of data at consideration of the request and decision making on the request for TZ of the Union are performed:
submission of data on the request for TZ of the Union for publication;
submission of data on the request for TZ of the Union for examination;
submission of the conclusion (decision) by results of examination;
representation of arguments and notes by results of examination;
submission of data on registration (refusal in registration) TZ of the Union;
submission of the notification on the arrived claim to the decision on examination;
submission of data on results of interstate appeal of the decision on examination.
In case of receipt of submission of additional data by department from the applicant and in case of contest by interested persons of the request for TZ of the Union, the following procedures of general process included in group of procedures of submission of data at amendment of data and contest by interested persons of the request for TZ of the Union are performed:
submission of the address of the interested person for publication;
representation of arguments of the applicant concerning the address of the interested person for publication;
acquisition production of evidence by designation of distinctive capability;
submission of the notification on need of submission of the document on consent;
submission of the document on consent;
submission of data on recognition of the request for TZ of the Union withdrawn because of not receipt of the document on consent;
submission of data on the documents confirming the asked priority of TZ of the Union.
When transforming the request for TZ of the Union, the following procedures of general process included in group of procedures of submission of data at transformation of the request for TZ of the Union are performed:
submission of the termination letter of clerical work according to the request for TZ of the Union;
submission of the petition for transformation of the request for TZ of the Union to the national request for registration of TZ;
submission of data on transformation of the request for TZ of the Union to the national request for registration of TZ;
submission of data on transformation of the request for the collective mark of the Union to the request for TZ of the Union;
submission of data on transformation of the request for TZ of the Union to the request for the collective mark of the Union.
In case of change of earlier submitted application for TZ of the Union, the following procedures of general process included in group of procedures of submission of data at change of the request for TZ of the Union are performed:
submission of data on allocation of the request for TZ of the Union from earlier submitted application for TZ of the Union;
submission of data on recognition of the request for TZ of the Union of the applicant recalled according to the petition;
submission of data on modification of the request for TZ of the Union.
When TZ transforming the Union, the following procedures of general process included in group of procedures of submission of data at the TZ transformation of the Union are performed:
submission of data on transformation of the cancelled registration of TZ of the Union to the national request for registration of TZ;
submission of data on transformation of the collective mark of the Union to TZ of the Union;
submission of data on the TZ transformation of the Union to the collective mark of the Union.
In case of change of data on TZ of the Union, the following procedures of general process included in group of procedures of submission of data at change of data on TZ of the Union are performed:
submission of data on modification of data of the Unified register of TZ of the Union;
submission of data on refusal of exclusive right on TZ of the Union;
submission of data on recognition of provision of legal protection of TZ of the Union invalid;
submission of data on cancellation of registration of TZ of the Union for publication;
submission of data on prolongation of effective period of exclusive right on TZ of the Union.
For the purpose of synchronization of contents of national Sections of the Unified register of TZ of the Union at the request of the national Commission patent authorities represents data of the Unified register of TZ of the Union within the following procedures of general process:
request of date and time of updating of the Unified register of TZ of the Union;
request of the changed data of the Unified register of TZ of the Union.
In need of receipt of giving by department from national patent authorities of data on duty amount for registration and (or) issue of the certificate on right to use of TZ of the Union and data on payment details for payment of the specified duty, and also in need of receipt of giving by department from national patent authorities of payment confirmation of duties by the applicant for the purpose of decision making about registration of TZ of the Union and (or) provision of right to use of TZ of the Union the following procedures of general process included in group of procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union are performed:
request of data on the amount and payment details for payment of duty;
submission of data on recognition of the request for TZ of the Union withdrawn because of failure to pay duties;
request of data on payment confirmation of duty.
In case of request of the materials and documents used during registration or other actions connected with TZ of the Union the following procedures of general process included in group of procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union are performed:
receipt of the materials and documents used during registration or other actions connected with TZ of the Union.
In case of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union the procedure "Representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union", included in the corresponding group of procedures of general process is performed.
12. The provided description of structure of general process is provided in the figure 1.
Pic. 1. Structure of general process
13. The procedure for performing procedures of general process, grouped according to the destination, including the disaggregated activity description, is given in the Section VIII of these rules.
14. For each group of procedures the general scheme showing bonds between procedures of general process and procedure for their accomplishment is provided. The general scheme of procedures is constructed with use of the graphical notation of UML (unified modeling language - Unified Modeling Language) and supplied with the text description.
15. Performing procedures of submission of data by consideration of the request and decision making according to the request for TZ of the Union (P.SP.02.PGR.001) is provided when giving by the applicant in department of application for TZ of the Union.
In case of compliance of the request for TZ of the Union to the requirements established by the Agreement and the Instruction after decision making about the publication of the request for the trademark of the Union on the official site the "Submission of Data on the Request for TZ of the Union for Publication" procedure is performed (P.SP.02.PRC.001) by results of which accomplishment department of giving represents data on the request for TZ of the Union to the Commission for publication of such data on information portal of the Union.
After payment confirmation by the applicant of necessary duties on conducting examination of the declared designation the "Submission of Data on the Request for TZ of the Union for Examination" procedure is performed (P.SP.02.PRC.002), department of giving represents data of the request for TZ of the Union to national patent authorities for conducting examination of the declared designation.
By preparation of the conclusion (decision) by national patent authority by results of conducting examination of the declared designation, and also in cases of repeated preparation of the decision, by results of consideration of objection (claim) of the applicant, the "Submission of the Conclusion (Decision) on Results of Examination" procedure is performed (P.SP.02.PRC.003) by results of which accomplishment the national patent authority represents the corresponding data to department of giving.
In case of receipt by department of submission of data on arguments and notes of the applicant according to the procedure, stipulated in Item the 7th article 9 of the Agreement, the "Representation of Arguments and Notes by results of Examination" procedure is performed (P.SP.02.PRC.004) by results of which accomplishment department of giving sends the corresponding data to national patent authorities.
In case of acceptance of giving by department by results of examination of the decision on registration of TZ of the Union (concerning all or part of the declared goods and (or services) and representations by the applicant 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 and also in case of acceptance by department of submission of the decision on refusal in registration of TZ of the Union the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure is performed (P.SP.02.PRC.005) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
When obtaining by national patent authority of objection (claim) to the decision of national patent authority according to the procedure, stipulated in Article 11 Agreements, the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure is performed (P.SP.02.PRC.006) by results of which accomplishment the national patent authority represents the adequate notice to department of giving.
After completion of the procedures of interstate appeal the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure is performed (P.SP.02.PRC.007) by results of which accomplishment the national patent authority represents the adequate notice to department of giving.
Submission of data is performed according to Regulations of information exchange between national patent authorities and the Eurasian economic commission in case of realization by means of the integrated information system of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union", the approved Decision of Board of the Commission of February 11, 2025 No. 14 (further - Regulations of information exchange between national patent authorities and the Commission) and with Regulations of information exchange between national patent authorities in case of realization by means of the integrated information system of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union", the approved Decision of Board of the Commission of February 11, 2025 No. 14 (further - Regulations of information exchange between national patent authorities).
The format and structure of the represented data shall match the Description of formats and structures of the electronic documents and data used for realization by means of the integrated information system of the Eurasian Economic Union of general process "Registration, legal protection and use of trademarks and service marks of the Eurasian Economic Union", to No. 14 approved by the Decision of Board of the Commission of February 11, 2025 (further - the Description of formats and structures of electronic documents and data).
16. The provided description of group of procedures of submission of data by consideration of the request and decision making according to the request for TZ of the Union is provided in the figure 2.
Fig. 2. The general scheme of group of procedures of submission of data by consideration of the request and decision making according to the request for TZ of the Union
17. The list of the procedures of general process entering into group of procedures of submission of data at consideration of the request and decision making on the request for TZ of the Union is provided in table 2.
Table 2
The list of the procedures of general process entering into group of procedures of submission of data at consideration of the request and decision making on the request for TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.001 |
submission of data on the request for TZ of the Union for publication |
the procedure is intended for representation of giving by department in the Commission of data on the request for TZ of the Union for publication of such data on information portal of the Union |
|
P.SP.02.PRC.002 |
submission of data on the request for TZ of the Union for examination |
the procedure is intended for representation of giving by department in national patent authority of data on the request for TZ of the Union for examination of such data |
|
P.SP.02.PRC.003 |
submission of the conclusion (decision) on results of examination |
the procedure is intended for submission by national patent authority to department of submission of the conclusion (decision) on results of examination, including in cases of repeated preparation of the decision, by results of consideration of objection (claim) of the applicant to the decision on examination |
|
P.SP.02.PRC.004 |
representation of arguments and notes by results of examination |
the procedure is intended for representation of giving by department in national patent authority of arguments and notes by results of examination |
|
P.SP.02.PRC.005 |
submission of data on registration (refusal in registration) TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on registration (refusal in registration) to TZ of the Union for publication of such data in the Unified register of TZ on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.006 |
submission of the notification on the arrived claim to the decision on examination |
the procedure is intended for submission by national patent authority to department of submission of the notification on the arrived claim to the decision on examination |
|
P.SP.02.PRC.007 |
submission of data on results of interstate appeal of the decision on examination |
the procedure is intended for submission by national patent authority to department of submission of data on results of interstate appeal of the decision on examination |
18. Performing procedures of submission of data in case of amendment of data and contest by interested persons of the request for TZ of the Union (P.SP.02.PGR.002) is performed according to procedure for maintaining the Unified register of TZ of the Union established by the Instruction.
In case of the receipt of submission of the address of interested persons by department according to the procedure established in Item 2 of the rule 8 Instructions the "Submission of the Address of the Interested Person" procedure is performed (P.SP.02.PRC.008) by results of which accomplishment department of giving represents the corresponding data to the Commission for their publication on information portal of the Union, and also represents the appeal of the interested person to national patent authorities.
In case of the receipt of giving of the applicant's arguments by department concerning the address of the interested person according to the procedure established in Item 2 of the Rule 8 Instructions the "Representation of Arguments of the Applicant concerning the Address of the Interested Person" procedure is performed (P.SP.02.PRC.009) by results of which accomplishment department of giving represents the corresponding data to the Commission for publication on information portal of the Union, and also adduces the applicant's arguments concerning the appeal of the interested person to national patent authorities.
In case of receipt of giving by department from the applicant of the proof of acquisition designation of distinctive capability performs the "Acquisition Production of Evidence by Designation of Distinctive Capability" procedure (P.SP.02.PRC.010) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
If during check of the declared designation on identity and similarity by the national patent authority reveals requests for the trademarks of the Union, identical or similar to extent of mixing, concerning homogeneous goods given by different applicants with the same priority date the "Submission of the Notification on Need of Submission of the Document on Consent" procedure is performed (P.SP.02.PRC.011) by results of which accomplishment the national patent authority represents the corresponding data to department of giving.
When obtaining by department of submission of the document on consent from the applicant the "Submission of the Document on Consent" procedure is performed (P.SP.02.PRC.012) by results of which accomplishment department of giving represents the corresponding data to national patent authorities of state members.
In case of not receipt from the applicant at the scheduled time of the document on consent the request for the trademark of the Union is considered withdrawn about what within 15 working days from the date of the expiration of the specified term the "Submission of Data on Recognition of the Request for TZ of the Union Withdrawn because of Not Receipt of the Document on Consent" procedure is performed (P.SP.02.PRC.013) by results of which accomplishment department of giving sends the notification to national patent authorities and to the Commission for its publication on information portal of the Union.
When obtaining by department of submission of data on the documents confirming the asked priority of TZ of the Union the "Submission of Data on the Documents Confirming the Asked Priority of TZ of the Union" procedure is performed (P.SP.02.PRC.014) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Submission of data is performed according to Regulations of information exchange between national patent authorities and the Commission and the Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
19. The provided description of group of procedures of submission of data at amendment of data and contest by interested persons of the request for TZ of the Union is provided in the figure 3.
Fig. 3. General scheme of group of procedures of submission of data at amendment of data and contest by interested persons of the request for TZ of the Union
20. The list of the procedures of general process entering into group of procedures of submission of data at amendment of data and contest by interested persons of the request for TZ of the Union is provided in table 3.
Table 3
The list of the procedures of general process entering into group of procedures of submission of data at amendment of data and contest by interested persons of the request for TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.008 |
submission of the address of the interested person |
the procedure is intended for ensuring publication on information portal of the Union of the address of the interested person, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.009 |
representation of arguments of the applicant concerning the address of the interested person |
the procedure is intended for ensuring publication on information portal of the Union of arguments of the applicant concerning the appeal of the interested person, and also representation of giving by department to national patent authorities of the corresponding data |
|
P.SP.02.PRC.010 |
acquisition production of evidence by designation of distinctive capability |
the procedure is intended for representation of giving by department in the Commission of proofs of acquisition by designation of distinctive capability for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.011 |
submission of the notification on need of submission of the document on consent |
the procedure is intended for submission by national patent authority to department of submission of the notification on need of submission of the document on consent |
|
P.SP.02.PRC.012 |
submission of the document on consent |
the procedure is intended for representation of giving by department in national patent authority of the document on consent |
|
P.SP.02.PRC.013 |
submission of data on recognition of the request for TZ of the Union withdrawn because of not receipt of the document on consent |
the procedure is intended for representation of giving by department in national patent authorities and in the Commission of data on recognition of the request for TZ of the Union withdrawn because of not receipt of the document on consent |
|
P.SP.02.PRC.014 |
submission of data on the documents confirming the asked priority of TZ of the Union |
the procedure is intended for representation of giving by department in national patent authorities and in the Commission of data on the documents confirming the asked priority of TZ of the Union |
21. Performing procedures of submission of data when transforming the request for TZ of the Union (P.SP.02.PGR.003) is performed according to the procedure, established by the Instruction.
In case of satisfaction with department of submission of the petition for transformation of the request for the trademark of the Union to the national request for registration of the trademark the "Submission of the Termination Letter of Clerical Work according to the Request for TZ of the Union" procedure is performed (P.SP.02.PRC.015) by results of which accomplishment department of giving notifies on the termination of clerical work according to the request for TZ of the Union national patent authorities.
In case of satisfaction with department of submission of the petition for transformation of the request for the trademark of the Union to the national request for registration of the trademark the "Submission of the Petition for Transformation of the Request for TZ of the Union to the National Request for Registration of TZ" procedure is performed (P.SP.02.PRC.016) by results of which accomplishment department of giving represents the corresponding data to national patent authority in which the applicant asks to perform the procedure of transformation to the national request for registration of the trademark.
In case of receipt by national patent authority of the petition for transformation of the request for the trademark of the Union to the national request for registration of the trademark, electronic copy of the request for the trademark of the Union and all the documents relating to it from department of giving the "Submission of Data on Transformation of the Request for TZ of the Union to the National Request for Registration of TZ" procedure (P.SP.02.PRC.017) by results of which accomplishment the national patent authority performs transformation of the request for the trademark of the Union to the national request for registration of the trademark and publishes data on such transformation (with preserving priority date) on information portal of the Union is performed.
In case of satisfaction with department of submission of the petition for transformation of the request for the collective mark of the Union to the request for the trademark of the Union the "Submission of Data on Transformation of the Request for the Collective Mark of the Union to the Request for TZ of the Union" procedure is performed (P.SP.02.PRC.018) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
In case of satisfaction with department of submission of the petition for transformation of the request for the trademark of the Union to the request for the collective mark of the Union the "Submission of Data on Transformation of the Request for TZ of the Union to the Request for the Collective Mark of the Union" procedure is performed (P.SP.02.PRC.019) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Submission of data is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
22. The provided description of group of procedures of submission of data at transformation of the request for TZ of the Union is provided in the figure 4.
Fig. 4. General scheme of group of procedures of submission of data at transformation of the request for TZ of the Union
23. The list of the procedures of general process entering into group of procedures of submission of data at transformation of the request for TZ of the Union is provided in table 4.
Table 4
The list of the procedures of general process entering into group of procedures of submission of data at transformation of the request for TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.015 |
submission of the termination letter of clerical work according to the request for TZ of the Union |
the procedure is intended for representation of giving by department in national patent authority of the termination letter of clerical work according to the request for TZ of the Union |
|
P.SP.02.PRC.016 |
submission of the petition for transformation of the request for TZ of the Union to the national request for registration of TZ |
the procedure is intended for representation of giving by department in national patent authority of the petition for transformation of the request for TZ of the Union to the national request for registration of TZ in which the applicant asks to perform the procedure of transformation to the national request for registration of the trademark |
|
P.SP.02.PRC.017 |
submission of data on transformation of the request for TZ of the Union to the national request for registration of TZ for publication |
the procedure is intended for ensuring publication on information portal of the Union of data on transformation of the request for TZ of the Union to the national request for registration of TZ |
|
P.SP.02.PRC.018 |
submission of data on transformation of the request for the collective mark of the Union to the request for TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on transformation of the request for the collective mark of the Union to the request for TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.019 |
submission of data on transformation of the request for TZ of the Union to the request for the collective mark of the Union |
the procedure is intended for representation of giving by department in the Commission of data on transformation of the request for TZ of the Union to the request for the collective mark of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
24. Performing procedures of submission of data in case of change of the request for TZ of the Union (P.SP.02.PGR.004) is performed according to the procedure, established by the Instruction.
In case of satisfaction with department of submission of the petition for allocation of the request for the trademark of the Union from earlier submitted application for the trademark of the Union, the "Submission of Data on Allocation of the Request for TZ of the Union from Earlier Submitted Application for TZ of the Union" procedure is performed (P.SP.02.PRC.020) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
In case of satisfaction with department of submission of the petition for withdrawal of the request for the trademark of the Union, the "Submission of Data on Recognition of the Request for TZ of the Union of the Applicant Recalled according to the Petition" procedure is performed (P.SP.02.PRC.021) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
In case of satisfaction with department of submission of the petition for entering into the request for the trademark of the Union (the collective mark of the Union) of changes, the "Submission of Data on Modification of the Request for TZ of the Union" procedure is performed (P.SP.02.PRC.022) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Submission of data is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
25. The provided description of group of procedures of submission of data at change of the request for TZ of the Union is provided in the figure 5.
Fig. 5. General scheme of group of procedures of submission of data at change of the request for TZ of the Union
26. The list of the procedures of general process entering into group of procedures of submission of data at change of the request for TZ of the Union is provided in table 5.
Table 5
The list of the procedures of general process entering into group of procedures of submission of data at change of the request for TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.020 |
submission of data on allocation of the request for TZ of the Union from earlier submitted application for TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on allocation of the request for TZ of the Union from earlier submitted application for TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.021 |
submission of data on recognition of the request for TZ of the Union of the applicant recalled according to the petition |
the procedure is intended for representation of giving by department in the Commission of data on recognition of the request for TZ of the Union of the applicant recalled according to the petition for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.022 |
submission of data on modification of the request for TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on modification of the request for TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
27. Performing procedures of submission of data when TZ transforming the Union (P.SP.02.PGR.005) is performed according to the procedure, established by the Instruction.
Within 5 working days from the date of satisfaction with national patent authority of the petition for transformation of the cancelled registration of the trademark of the Union to the national request for registration of the trademark the "Submission of Data on Transformation of the Cancelled Registration of TZ of the Union to the National Request for Registration of TZ" procedure is performed (P.SP.02.PRC.023) by results of which accomplishment the national patent authority represents the corresponding data to national patent authorities of other state members and to the Commission for their publication on information portal of the Union.
Within 5 working days from the date of satisfaction with department of submission of the petition for transformation of the collective mark of the Union to the trademark of the Union the "Submission of Data on Transformation of the Collective Mark of the Union to TZ of the Union" procedure is performed (P.SP.02.PRC.024) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Within 5 working days from the date of satisfaction with department of submission of the petition for transformation of the trademark of the Union to the collective mark of the Union the "Submission of Data on the TZ Transformation of the Union to the Collective Mark of the Union" procedure is performed (P.SP.02.PRC.025) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Submission of data is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
28. The provided description of group of procedures of submission of data at transformation is provided in the figure 6.
Fig. 6. General scheme of group of procedures of submission of data at the TZ transformation of the Union
29. The list of the procedures of general process entering into group of procedures of submission of data at the TZ transformation of the Union is provided in table 6.
Table 6
The list of the procedures of general process entering into group of procedures of submission of data at the TZ transformation of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.023 |
submission of data on transformation of the cancelled registration of TZ of the Union to the national request for registration of TZ |
the procedure is intended for submission by national patent authority to the Commission of data on transformation of the cancelled registration of TZ of the Union to the national request for registration of TZ for publication of such data on information portal of the Union, and also submission by national patent authority to national patent authorities of other state members of the corresponding data |
|
P.SP.02.PRC.024 |
submission of data on transformation of the collective mark of the Union to TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on transformation of the collective mark of the Union to TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of the corresponding data |
|
P.SP.02.PRC.025 |
submission of data on the TZ transformation of the Union to the collective mark of the Union |
the procedure is intended for representation of giving by department in the Commission of data on the TZ transformation of the Union to the collective mark of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
30. Performing procedures of submission of data in case of change of data on TZ of the Union (P.SP.02.PGR.006) is performed according to the procedure, established by the Instruction.
In case of satisfaction with department of filing of application about modification of data of the Unified register of trademarks of the Union the "Submission of Data on Modification of Data of the Unified Register of TZ of the Union" procedure is performed (P.SP.02.PRC.026) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Within 5 working days from the date of satisfaction with department of submission of the petition for refusal of exclusive right on the trademark of the Union the "Submission of Data on Refusal of Exclusive Right on TZ of the Union" procedure is performed (P.SP.02.PRC.027) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
In case of recognition of provision of legal protection of TZ of the Union by national patent authority invalid based on article 15 of the Agreement or in case of the termination of legal protection of the trademark of the Union based on article 16 of the Agreement the "Submission of Data on Recognition of Provision of Legal Protection of TZ of the Union Invalid (about the Termination of Legal Protection)" procedure is performed (P.SP.02.PRC.028) by results of which accomplishment the national patent authority represents data on recognition of provision of legal protection of TZ of the Union invalid or about the termination of legal protection to department of giving.
Based on the decision on recognition invalid provisions of legal protection to the trademark of the Union for all goods (part of goods) or the decision on early termination of legal protection of the trademark of the Union concerning all goods (part of goods) department of giving within 5 working days from receipt date of such decisions cancels registration of the trademark of the Union, at the same time the "Submission of Data on Cancellation of Registration of TZ of the Union" procedure is performed (P.SP.02.PRC.029) by results of which accomplishment department of giving represents the corresponding data to national patent authorities of state members and to the Commission for their publication on information portal of the Union. In case of decision making about recognition invalid provisions of legal protection to the trademark of the Union for part of goods or the decision on early termination of legal protection of the trademark of the Union concerning part of goods department of giving draws up the new certificate on TZ of the Union certifying exclusive right on TZ of the Union in the territories of all state members concerning the specified inventory with preserving priority date and represents the corresponding data with use of the "Submission of Data on Cancellation of Registration of TZ of the Union" procedure (P.SP.02.PRC.029) in national patent authorities and in the Commission for their publication on information portal of the Union.
In case of satisfaction with department of filing of application about prolongation of effective period of exclusive right on the trademark of the Union, within 5 working days from the date of allowance of the application data on prolongation of effective period of exclusive right on the trademark of the Union in the national Section of the Unified register of trademarks of the Union are entered and the "Submission of Data on Prolongation of Effective Period of Exclusive Right on TZ of the Union" procedure is performed (P.SP.02.PRC.030) by results of which accomplishment department of giving represents the corresponding data to national patent authorities and to the Commission for their publication on information portal of the Union.
Submission of data is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
31. The provided description of group of procedures of submission of data at change of data on TZ of the Union is provided in the figure 7.
Fig. 7. General scheme of group of procedures of submission of data at change of data on TZ of the Union
32. The list of the procedures of general process entering into group of procedures of submission of data at change of data on TZ of the Union is provided in table 7.
Table 7
The list of the procedures of general process entering into group of procedures of submission of data at change of data on TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.026 |
submission of data on modification of data of the Unified register of TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on modification of data of the Unified register of TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
|
P.SP.02.PRC.027 |
submission of data on refusal of exclusive right on TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on refusal of exclusive right on TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
|
P.SP.02.PRC.028 |
submission of data on recognition of provision of legal protection of TZ of the Union invalid (about the termination of legal protection) |
the procedure is intended for submission by national patent authority to department of submission of data on recognition of provision of legal protection of TZ of the Union invalid or data on the termination of legal protection of TZ of the Union |
|
P.SP.02.PRC.029 |
submission of data on cancellation of registration of TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on cancellation of registration of TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
|
P.SP.02.PRC.030 |
submission of data on prolongation of effective period of exclusive right on TZ of the Union |
the procedure is intended for representation of giving by department in the Commission of data on prolongation of effective period of exclusive right on TZ of the Union for publication of such data on information portal of the Union, and also representation of giving by department in national patent authorities of state members of the corresponding data |
33. Procedures of submission of data from the Unified register of TZ of the Union (P.SP.02.PGR.007) are carried out in case of receipt of the corresponding requests from information systems of national patent authorities.
Within performing procedures of submission of data from the Unified register of TZ of the Union the following types of requests from national patent authorities are processed:
information request about date and time of the last update of the Unified register of TZ of the Union;
request of the data changed in the Unified register of TZ of the Union.
Information request about date and time of the last update of the Unified register of TZ of the Union is carried out by national patent authority for the purpose of assessment of need of synchronization of the data of the national Section of the Unified register of TZ of the Union and data of the Unified register of TZ of the Union published on information portal of the Union which are stored in information system of national patent authority. When implementing request the "Information Request about Date and Time of the Last Update of the Unified Register of TZ of the Union" procedure is performed (P.SP.02.PRC.031).
The request of TZ of the Union of data changed in the Unified register is carried out by national patent authority for the purpose of synchronization of contents of the data of the national Section of the Unified register of TZ of the Union and data of the Unified register of TZ of the Union published on information portal of the Union which are stored in information system of national patent authority. In case of accomplishment of request according to parameters of request the data from the Unified register of TZ of the Union added or changed from the date and time specified in request until accomplishment of request through the integrated system are represented. When implementing request the "Request of the Data Changed in the Unified Register of TZ of the Union" procedure is performed (P.SP.02.PRC.032).
Requests and submissions of data from the Unified register of TZ of the Union it is performed according to Regulations of information exchange between national patent authorities and the Commission.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
34. The provided description of group of procedures of submission of data of the Unified register of TZ of the Union is provided in the figure 8.
Fig. 8. General scheme of group of procedures of submission of data of the Unified register of TZ of the Union
35. The list of the procedures of general process entering into group of procedures of submission of data of the Unified register of TZ of the Union is provided in table 8.
Table 8
The list of the procedures of general process entering into group of procedures of submission of data of the Unified register of TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.031 |
request of date and time of updating of the Unified register of TZ of the Union |
it is intended for receipt by national patent authority of data on date and time of updating of the Unified register of TZ of the Union |
|
P.SP.02.PRC.032 |
request of the changed data of the Unified register of TZ of the Union |
it is intended for receipt of the changed data of the Unified register of TZ of the Union published on information portal of the Union, on demand through the integrated system for the purpose of synchronization of data of the national Section of the Unified register of TZ of the Union and data of the Unified register of TZ of the Union published on information portal of the Union |
36. Performing procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union (P.SP.02.PGR.008) is performed according to the procedure, established by the Instruction.
Within 5 working days from decision date about the publication of the request for the trademark of the Union the "Request of Data on the Amounts and Payment Details for Payment of Duty" procedure (P.SP.02.PRC.033) by results of which accomplishment department of giving requests and receives from national patent authorities of other state members of the data on the amounts of duties on conducting examination of the declared designation and data on payment details for payment of this duty for the further direction of such data to the applicant as a part of the notification on need of payment of duties on conducting examination of the declared designation in each of national patent authorities is performed (including department of giving).
In case of not receipt in department of submission of documents, the duties confirming payment at the scheduled time, the "Submission of Data on Recognition of the Request for TZ of the Union Withdrawn because of Failure to Pay Duties" procedure is performed (P.SP.02.PRC.034) by results of which accomplishment department of giving represents the corresponding data to the Commission for their publication on information portal of the Union, and also in national patent authorities.
When obtaining within 1 month from the date of the direction by department of submission of the notification on need of payment of duties on conducting examination of the declared designation from the applicant of data on payment of the specified duties, if necessary, performs the "Request of Data on Payment Confirmation of Duties" procedure (P.SP.02.PRC.035) by results of which accomplishment department of giving receives at the request of national patent authorities of other state members of the data on payment confirmation by the applicant of duties on conducting examination of the declared designation or information on lack of such data or on incomplete payment of duties for further accounting of such data or information in case of performing procedures of registration of TZ of the Union.
The request and submission of data is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
37. The provided description of group of procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union is provided in the figure 9.
Fig. 9. The general scheme of group of procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union
38. The list of the procedures of general process entering into group of procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union is provided in table 9.
Table 9
The list of the procedures of general process entering into group of procedures of receipt of data on the amounts and payment details for payment of duties in case of registration of TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.033 |
request of data on the amount and payment details for payment of duty |
the procedure is intended for receipt of giving by department from national patent authorities of data on duty amount for conducting examination of the declared designation TZ of the Union and payment details for payment of this duty |
|
P.SP.02.PRC.034 |
submission of data on recognition of the request for TZ of the Union withdrawn because of failure to pay duties |
it is carried out for the purpose of submission of data on recognition of the request for TZ of the Union by the applicant recalled in case of failure to pay necessary duties in the specified terms |
|
P.SP.02.PRC.035 |
request of data on payment confirmation of duty |
the procedure is intended for receipt of giving by department from national patent authorities of data on payment confirmation by the applicant of duties on conducting examination of the declared designation TZ of the Union (or about lack of such data, or about incomplete payment of duties) |
39. Performing procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union (P.SP.02.PGR.009), is performed according to these rules taking into account provisions of the Agreement and Instruction.
In need of obtaining by national patent authority electronically of the materials and documents used during registration or other actions connected with TZ of the Union, information on which details is submitted department of giving in national patent authorities within other procedures of general process, the "Receipt of the Materials and Documents Used during Registration or Other Actions Connected with TZ of the Union" procedure is performed (P.SP.02.PRC.036) by results of which accomplishment department of giving represents at the request of national patent authority electronically the corresponding data from documents, according to request parameters.
The request and submission of data for the purpose of receipt by national patent authority of the materials and documents used during registration or other actions connected with TZ of the Union is performed according to Regulations of information exchange between national patent authorities.
The format and structure of the represented data shall match the Description of formats and structures of electronic documents and data.
40. The provided description of group of procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union is provided in the figure 10.
Fig. 10. The general scheme of group of procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union
41. The list of the procedures of general process entering into group of procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union is provided in table 10.
Table 10
The list of the procedures of general process entering into group of procedures of receipt of the materials and documents used during the conducting examination, registration or other actions connected with TZ of the Union
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.036 |
receipt of the materials and documents used during registration or other actions connected with TZ of the Union |
it is intended for obtaining by national patent authorities electronically of data from the documents and materials attached to the request for TZ of the Union, or other document types represented by the applicant to department of giving, information about which registration details is submitted department of giving in national patent authorities within implementation of procedures of general process, |
42. Performing procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union (P.SP.02.PGR.010), is performed according to these rules taking into account provisions of the Agreement and Instruction by means of use of information portal of the Union.
In case of submission of data through information portal of the Union the web interface of this portal or services placed on this portal are used. When using the web interface the user in window of the browser sets parameters of search and (or) unloading of the data containing in the Unified register of trademarks of the Union, carries out work with information from the Unified register of trademarks of the Union provided in browser window.
When using the services placed on information portal of the Union, interaction is performed between information system of the interested person and information portal of the Union.
43. The provided description of group of procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union (P.SP.02.PGR.010), it is provided in the figure 11.
Fig. 11. The general scheme of group of procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union (P.SP.02.PGR.010)
44. The list of the procedures of general process entering into group of procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union (P.SP.02.PGR.010), is given in table 11.
Table 11
The list of the procedures of general process entering into group of procedures of representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union (P.SP.02.PGR.010)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.PRC.037 |
representation to users of the Unified register of trademarks of the Union of the data containing in the Unified register of trademarks of the Union |
it is intended for receipt of the data containing in the Unified register of trademarks of the Union through information portal of the Union with use of the web interface of this portal or the services placed on this portal |
45. The list of information objects, data on which or from which are transferred in process of information exchange between participants of general process are provided in table 12.
Table 12
List of information objects
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.BEN.001 |
request for TZ of the Union |
the data on the request for registration of the trademark, service mark of the Eurasian Economic Union including included department of giving in the national Section of the Unified register of TZ of the Union |
|
P.SP.02.BEN.002 |
TZ of the Union |
the data on registration of the trademark, service mark of the Eurasian Economic Union included department of giving in the national Section of the Unified register of TZ of the Union |
|
P.SP.02.BEN.003 |
data on duties |
set of data on duty, for conducting examination of the declared designation |
|
P.SP.02.BEN.004 |
data on the enclosed document |
set of data on the document attached to the request for TZ of the Union and also other types of the data represented within general process between participants of general process |
46. Attraction to disciplinary responsibility for non-compliance with the requirements aimed at providing timeliness and completeness of transfer of data of the officials and the staff of the Commission participating in information exchange is performed according to the Agreement on the Eurasian Economic Union of May 29, 2014, other international treaties and acts constituting the right of the Union, and officials and the staff of authorized bodies of state members - according to the legislation of state members.
47. The list of reference books and qualifiers of general process is provided in table 13.
Table 13
List of reference books and qualifiers of general process
|
Specification symbol |
Name |
Type |
Description |
|
1 |
2 |
3 |
4 |
|
P.CLS.002 |
classification of currencies |
classifier |
contains list of codes and names of currencies (No. 378) is applied according to the Decision of the Commission of the Customs union of September 20, 2010. Qualifier code in the register of normative reference information of the Union: "2022" |
|
P.CLS.008 |
list of types of means (channels) of communication |
reference book |
contains list of codes and names of means (channels) of communication) (No. 192) is applied according to the Decision of Board of the Eurasian economic commission of December 6, 2022. Reference book code in the register of normative reference information of the Union: "1041" |
|
P.CLS.024 |
qualifier of languages |
classifier |
contains list of names of languages and their codes according to ISO 639-1 (No. 152) is applied according to the Decision of Board of the Eurasian economic commission of September 10, 2019. Qualifier code in the register of normative reference information of the Union: "2055" |
|
P.CLS.027 |
the qualifier of the document types, data and materials used in the field of intellectual property |
classifier |
contains list of codes and names of the document types used in the field of intellectual property (No. 92) is applied according to the Decision of Board of the Eurasian economic commission of July 27, 2021. Qualifier code in the register of normative reference information of the Union: "2065" |
|
P.CLS.051 |
the qualifier of the document types proving the identity |
classifier |
contains list of codes and names of the document types proving the identity (No. 53 is applied according to the Decision of Board of the Eurasian economic commission of April 2, 2019. Qualifier code in the register of normative reference information of the Union: "2053" |
|
P.CLS.054 |
the qualifier of forms of business of managing within the Eurasian Economic Union |
classifier |
contains list of codes and names of forms of business of managing within the Eurasian Economic Union (No. 54) is applied according to the Decision of Board of the Eurasian economic commission of April 2, 2019. Qualifier code in the register of normative reference information of the Union: "2049" |
|
P.P.SP.02.CLS.001 |
reference book of the main characteristics of the trademark and service mark of the Eurasian Economic Union (by the form and to priority) |
reference book |
contains list of codes and names of characteristics of the trademark and service mark of the Eurasian Economic Union (by the form and to priority) (No. 184) is applied according to the Decision of Board of the Eurasian economic commission of November 29, 2022. Reference book code in the register of normative reference information of the Union: "1039" |
|
P.P.SP.03.CLS.001 |
the list of the countries, other administrative units and intergovernmental organizations according to the recommended standard of the ST.3 World Intellectual Property Organization (WIPO) |
reference book |
contains list of codes and names of the countries, other administrative units and intergovernmental organizations in the alphabetic sequence of their short names and the codes corresponding to them according to the recommended standard of the ST.3 World Intellectual Property Organization (WIPO) |
|
P.P.SP.03.CLS.002 |
the reference book of types of legally significant actions in case of registration, legal protection and use of trademarks of the Eurasian Economic Union, service marks of the Eurasian Economic Union and names of places of goods origin of the Eurasian Economic Union |
reference book |
contains list of codes and names of types of legally significant actions in case of registration, legal protection and use of trademarks of the Eurasian Economic Union, service marks of the Eurasian Economic Union and names of places of goods origin of the Eurasian Economic Union |
48. The scheme of accomplishment of the "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001) is provided in the figure 12.
Fig. 12. Scheme of accomplishment of the "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001)
49. The "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001) is carried out by department of giving in case of compliance of the request for TZ of the Union to the requirements established by the Agreement and the Instruction, after decision making about the publication of the request for the trademark of the Union on the official site within 5 working days from acceptance date of the specified decision.
50. The first carries out transaction "Submission of data on the request for TZ of the Union for publication" (P.SP.02.OPR.001) by results of which accomplishment department of giving sends to the Commission of the data on the request for TZ of the Union for publication on information portal of the Union.
51. In case of receipt in the Commission of data on the request for TZ of the Union for publication transaction "Acceptance and processing of data on the request for TZ of the Union for publication" is carried out (P.SP.02.OPR.002) by results of which accomplishment the Commission receives the specified data, carries out their processing and sends to department of giving the notification on results of processing of data on the request for TZ of the Union for publication.
52. In case of successful processing of the provided data on the request for TZ of the Union for publication transaction "Publication of data on the request for TZ of the Union on information portal of the Union" is carried out (P.SP.02.OPR.003) by results of which accomplishment on information portal of the Union data on the request for TZ of the Union are published.
53. In case of receipt in department of submission of the notification on processing of data on the request for TZ of the Union for publication transaction "Receipt of the notification on results of processing of data on the request for TZ of the Union for publication" is carried out (P.SP.02.OPR.004) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
54. Result of accomplishment of the "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001) is publication on information portal of the Union of data on the request for TZ of the Union.
55. The list of the transactions of general process which are carried out within the "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001), is given in table 14.
Table 14
The list of the transactions of general process which are carried out within the "Submission of Data on the Request for TZ of the Union for Publication" procedure (P.SP.02.PRC.001)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.001 |
submission of data on the request for TZ of the Union for publication |
it is provided in table 15 of these rules |
|
P.SP.02.OPR.002 |
acceptance and processing of data on the request for TZ of the Union for publication |
it is provided in table 16 of these rules |
|
P.SP.02.OPR.003 |
publication of data on the request for TZ of the Union on information portal of the Union |
it is provided in table 17 of these rules |
|
P.SP.02.OPR.004 |
receipt of the notification on results of processing of data on the request for TZ of the Union for publication |
it is provided in table 18 of these rules |
Table 15
Activity description "Submission of Data on the Request for TZ of the Union for Publication" (P.SP.02.OPR.001)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.001 |
|
2 |
Name of transaction |
submission of data on the request for TZ of the Union for publication |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of establishment of compliance of the request for the trademark of the Union to the requirements established by the Agreement and the Instruction |
|
5 |
Restrictions |
the format and structure of the represented data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor makes data on the request for TZ of the Union to the national section of the Unified register of TZ of the Union and sends data on the request for TZ of the Union for publication on information portal of the Union to the Commission according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
data on the request for TZ of the Union for publication on information portal of the Union are provided to the Commission |
Table 16
Activity description "Acceptance and Processing of Data on the Request for TZ of the Union for Publication" (P.SP.02.OPR.002)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.002 |
|
2 |
Name of transaction |
acceptance and processing of data on the request for TZ of the Union for publication |
|
3 |
Contractor |
Commission |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of data on the request for TZ of the Union for publication (transaction "Submission of data on the request for TZ of the Union for publication" (P.SP.02.OPR.001)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on the request for TZ of the Union for publication and checks them according to Regulations of information exchange between national patent authorities and the Commission. In case of successful accomplishment of check the contractor notifies department of giving on processing of data on the request for TZ of the Union for publication with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
data on the request for TZ of the Union for publication are processed, the notification on results of processing of the provided data is sent to department of giving |
Table 17
Activity description "Publication of Data on the Request for TZ of the Union on Information Portal of the Union" (P.SP.02.OPR.003)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.003 |
|
2 |
Name of transaction |
publication of data on the request for TZ of the Union on information portal of the Union |
|
3 |
Contractor |
Commission |
|
4 |
Accomplishment conditions |
it is carried out in case of successful processing of data on the request for TZ of the Union for publication (transaction "Acceptance and processing of data on the request for TZ of the Union for publication" (P.SP.02.OPR.002)) |
|
5 |
Restrictions |
- |
|
6 |
Activity description |
the contractor provides publication on information portal of the Union of data on the request for TZ of the Union |
|
7 |
Results |
data on the request for TZ of the Union are published on information portal of the Union |
Table 18
Activity description "Receipt of the Notification on Results of Processing of Data on the Request for TZ of the Union for Publication" (P.SP.02.OPR.004)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.004 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of data on the request for TZ of the Union for publication |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of data on the request for TZ of the Union for publication (transaction "Acceptance and processing of data on the request for TZ of the Union for publication" (P.SP.02.OPR.002)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of data on the request for TZ of the Union for publication according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
the notification on results of processing by the Commission of data on the request for TZ of the Union for publication is received |
"Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002)
56. The scheme of accomplishment of the "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002) is provided in the figure 13.
Fig. 13. Scheme of accomplishment of the "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002)
57. The "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002) is carried out by department of giving after payment confirmation by the applicant of necessary duties on conducting examination of the declared designation.
The procedure is performed concerning national patent authority of each state member.
58. The first carries out transaction "Submission of data on the request for TZ of the Union for examination" (P.SP.02.OPR.005) by results of which accomplishment department of giving sends to national patent authority of the data on the request for TZ of the Union for examination.
59. In case of receipt in national patent authority of data on the request for TZ of the Union for examination transaction "Acceptance and processing of data on the request for TZ of the Union for examination" is carried out (P.SP.02.OPR.006) by results of which accomplishment the national patent authority receives the provided data, carries out their processing and sends to department of giving the notification on results of processing of data on the request for TZ of the Union for examination.
60. In case of receipt in department of submission of the notification on processing of data on the request for TZ of the Union for examination transaction "Receipt of the notification on results of processing of data on the request for TZ of the Union for examination" is carried out (P.SP.02.OPR.007) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
61. Result of accomplishment of the "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002) is ensuring processing of data on the arrived request for TZ of the Union in national patent authority, the notification on results of processing of the provided data is sent to department of giving.
62. The list of the transactions of general process which are carried out within the "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002), is given in table 19.
Table 19
The list of the transactions of general process which are carried out within the "Submission of Data on the Request for TZ of the Union for Examination" procedure (P.SP.02.PRC.002)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.005 |
submission of data on the request for TZ of the Union for examination |
it is provided in table 20 of these rules |
|
P.SP.02.OPR.006 |
acceptance and processing of data on the request for TZ of the Union for examination |
it is provided in table 21 of these rules |
|
P.SP.02.OPR.007 |
receipt of the notification on results of processing of data on the request for TZ of the Union for examination |
it is provided in table 22 of these rules |
Table 20
Activity description "Submission of Data on the Request for TZ of the Union for Examination" (P.SP.02.OPR.005)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.005 |
|
2 |
Name of transaction |
submission of data on the request for TZ of the Union for examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out after payment confirmation by the applicant of necessary duties on conducting examination of the declared designation |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
Within 5 working days from receipt date in department of submission of documents confirming payment of duties on conducting examination of the declared designation, department of giving sends them and the published request for the trademark of the Union to national patent authority for conducting examination of the declared designation |
|
7 |
Results |
data on the request for TZ of the Union for examination are provided to national patent authority |
Table 21
Activity description "Acceptance and Processing of Data on the Request for TZ of the Union for Examination" (P.SP.02.OPR.006)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.006 |
|
2 |
Name of transaction |
acceptance and processing of data on the request for TZ of the Union for examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of data on the request for TZ of the Union for examination (transaction "Submission of data on the request for TZ of the Union for examination" (P.SP.02.OPR.005)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on the request for TZ of the Union for examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies department of giving on processing of data on the request for TZ of the Union for examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
data on the request for TZ of the Union for examination are processed, the notification on results of processing of the provided data is sent to department of giving |
Table 22
Activity description "Receipt of the Notification on Results of Processing of Data on the Request for TZ of the Union for Examination" (P.SP.02.OPR.007)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.007 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of data on the request for TZ of the Union for examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of data on the request for TZ of the Union for examination (transaction "Acceptance and processing of data on the request for TZ of the Union for examination" (P.SP.02.OPR.006)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of data on the request for TZ of the Union for examination according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on results of processing of data on the request for TZ of the Union for examination is received |
"Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003)
63. The scheme of accomplishment of the "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003) is provided in the figure 14.
Fig. 14. Scheme of accomplishment of the "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003)
64. The "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003) is carried out by national patent authority by results of conducting examination of the declared designation, including after consideration of arguments and notes of the applicant concerning results of examination, and also by results of completion of the procedures of interstate appeal.
65. The first carries out transaction "Submission of the conclusion (decision) on results of examination" (P.SP.02.OPR.008) by results of which accomplishment the national patent authority sends the conclusion (decision) on results of examination to department of giving.
66. In case of receipt in department of submission of the conclusion (decision) on results of examination transaction "Acceptance and processing of the conclusion (decision) on results of examination" is carried out (P.SP.02.OPR.009) by results of which accomplishment department of giving receives the specified data, carries out their processing and sends the notification on results of processing of the conclusion (decision) on results of examination to national patent authority.
67. In case of receipt in national patent authority of the notification on processing of the conclusion (decision) on results of examination transaction "Receipt of the notification on results of processing of the conclusion (decision) on results of examination" is carried out (P.SP.02.OPR.010) by results of which accomplishment the national patent authority performs processing of the received notification on processing of data.
68. Result of accomplishment of the "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003) is ensuring processing by department of submission of the conclusion (decision) on results of examination, the notification on results of processing of the provided conclusion is sent to national patent authority.
69. The list of the transactions of general process which are carried out within the "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003), is given in table 23.
Table 23
The list of the transactions of general process which are carried out within the "Submission of the Conclusion (Decision) on Results of Examination" procedure (P.SP.02.PRC.003)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.008 |
submission of the conclusion (decision) on results of examination |
it is provided in table 24 of these rules |
|
P.SP.02.OPR.009 |
acceptance and processing of the conclusion (decision) on results of examination |
it is provided in table 25 of these rules |
|
P.SP.02.OPR.010 |
receipt of the notification on results of processing of the conclusion (decision) on results of examination |
it is provided in table 26 of these rules |
Table 24
Activity description "Submission of the Conclusion (Decision) on Results of Examination" (P.SP.02.OPR.008)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.008 |
|
2 |
Name of transaction |
submission of the conclusion (decision) on results of examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out by national patent authority, by preparation of the conclusion (decision) by results of examination or by results of consideration of arguments and notes of the applicant concerning results of examination, objections (claims) from the applicant to the decision on examination |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
national patent authorities send to department of giving the made decisions within 3 working days from the date of their acceptance |
|
7 |
Results |
the conclusion (decision) on results of examination is provided to department of giving |
Table 25
Activity description "Acceptance and Processing of the Conclusion (Decision) on Results of Examination" (P.SP.02.OPR.009)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.009 |
|
2 |
Name of transaction |
acceptance and processing of the conclusion (decision) on results of examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the conclusion (decision) on results of examination (transaction "Submission of the conclusion (decision) on results of examination" (P.SP.02.OPR.008)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the conclusion (decision) on results of examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies national patent authority on processing of the conclusion (decision) on results of examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the conclusion (decision) on results of examination is processed, the notification on results of processing of the provided data is sent to national patent authority |
Table 26
Activity description "Receipt of the Notification on Results of Processing of the Conclusion (Decision) on Results of Examination" (P.SP.02.OPR.010)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.010 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of the conclusion (decision) on results of examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of the conclusion (decision) on results of examination (transaction "Acceptance and processing of the conclusion (decision) on results of examination" (P.SP.02.OPR.009)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of the conclusion (decision) on results of examination according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on results of processing of the conclusion (decision) on results of examination is received |
"Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004)
70. The scheme of accomplishment of the "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004) is provided in the figure 15.
Fig. 15. Scheme of accomplishment of the "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004)
71. The "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004) is carried out by department of giving in case of receipt from the applicant of arguments and notes by results of examination.
72. The first carries out transaction "Representation of arguments and notes by results of examination" (P.SP.02.OPR.011) by results of which accomplishment data on arguments and notes of the applicant by results of examination go department of giving to national patent authority.
73. In case of receipt in national patent authority of arguments and notes by results of examination transaction "Acceptance and processing of arguments and notes by results of examination" is carried out (P.SP.02.OPR.012) by results of which accomplishment the national patent authority receives the specified data, carries out their processing and sends to department of giving the notification on results of processing of arguments and notes by results of examination.
74. In case of receipt in department of submission of the notification on processing of arguments and notes by results of examination transaction "Receipt of the notification on results of processing of arguments and notes by results of examination" is carried out (P.SP.02.OPR.013) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
75. Result of accomplishment of the "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004) is ensuring processing of data on arguments and notes by results of examination, the notification on results of processing of the specified data is sent to department of giving.
76. The list of the transactions of general process which are carried out within the "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004), is given in table 27.
Table 27
The list of the transactions of general process which are carried out within the "Representation of Arguments and Notes by results of Examination" procedure (P.SP.02.PRC.004)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.011 |
representation of arguments and notes by results of examination |
it is provided in table 28 of these rules |
|
P.SP.02.OPR.012 |
acceptance and processing of arguments and notes by results of examination |
it is provided in table 29 of these rules |
|
P.SP.02.OPR.013 |
receipt of the notification on results of processing of arguments and notes by results of examination |
it is provided in table 30 of these rules |
Table 28
Activity description "Representation of Arguments and Notes by results of Examination" (P.SP.02.OPR.011)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.011 |
|
2 |
Name of transaction |
representation of arguments and notes by results of examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out by department of giving in case of receipt of arguments and notes according to the procedure, stipulated in Item the 7th article 9 of the Agreement; department of giving sends them to national patent authorities |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
In case of receipt of arguments and notes or the petition of the applicant according to the procedure, stipulated in Item the 7th article 9 of the Agreement, department of giving within 3 working days from receipt date of such arguments and notes, and also the petition of the applicant sends them to national patent authorities |
|
7 |
Results |
arguments and notes by results of examination are provided to national patent authority |
Table 29
Activity description "Acceptance and Processing of Arguments and Notes by results of Examination" (P.SP.02.OPR.012)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.012 |
|
2 |
Name of transaction |
acceptance and processing of arguments and notes by results of examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of arguments and notes by results of examination (transaction "Representation of arguments and notes by results of examination" (P.SP.02.OPR.011)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts arguments and notes by results of examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies department of giving on processing of arguments and notes by results of examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
arguments and notes by results of examination are processed, the notification on results of processing of the provided data is sent to department of giving |
Table 30
Activity description "Receipt of the Notification on Results of Processing of Arguments and Notes by results of Examination" (P.SP.02.OPR.013)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.013 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of arguments and notes by results of examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of arguments and notes by results of examination (transaction "Acceptance and processing of arguments and notes by results of examination" (P.SP.02.OPR.012)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of arguments and notes by results of examination according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on results of processing of arguments and notes by results of examination is received |
"Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005)
77. The scheme of accomplishment of the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005) is provided in the figure 16.
Fig. 16. Scheme of accomplishment of the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005)
78. The "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005) is carried out by department of giving in case of acceptance by results of examination of the decision on registration of TZ of the Union (concerning all or part of the declared goods and (or) services), in case of acceptance by department of submission of the decision on refusal in registration of TZ of the Union.
79. The first carries out transaction "Execution of the decision on registration (refusal in registration) by TZ of the Union and introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union" (P.SP.02.OPR.014) by results of which accomplishment department of giving draws up the relevant decision according to the procedure, established by the Instruction, and makes data on registration (refusal to registration) TZ of the Union to the national section of the Unified register of TZ of the Union.
80. After introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union is carried out transaction "Submission of data on registration (refusal in registration) by TZ of the Union" (P.SP.02.OPR.015) by results of which accomplishment department of giving sends to national patent authority of the data on registration (refusal in registration) to TZ of the Union. Transaction is carried out concerning national patent authority of each state member.
81. In case of receipt in national patent authority of data on registration (refusal in registration) TZ of the Union is carried out transaction "Acceptance and processing of data on registration (refusal in registration) by TZ of the Union" (P.SP.02.OPR.016) by results of which accomplishment the national patent authority receives the specified data, carries out their processing and sends the notification on results of processing of the corresponding data to department of giving.
82. In case of receipt in department of submission of the notification on processing of data on registration (refusal in registration) TZ of the Union is carried out transaction "Receipt of the notification on results of processing of data on registration (refusal in registration) by TZ of the Union" (P.SP.02.OPR.017) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
83. After introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union is carried out transaction "Submission of data on registration (refusal in registration) by TZ of the Union for publication" (P.SP.02.OPR.018) by results of which accomplishment department of giving sends to the Commission of the data on registration (refusal in registration) to TZ of the Union for publication.
84. In case of receipt in the Commission of data on registration (refusal in registration) TZ of the Union for publication is carried out transaction "Acceptance and processing of data on registration (refusal in registration) by TZ of the Union for publication" (P.SP.02.OPR.019) by results of which accomplishment the Commission receives the specified data, carries out their processing and sends to department of giving the notification on results of processing of data on registration (refusal in registration) TZ of the Union for publication.
85. In case of successful processing of the provided data on registration (refusal in registration) TZ of the Union for publication is carried out transaction "Publication of data on registration (refusal in registration) by TZ of the Union" (P.SP.02.OPR.020) by results of which accomplishment on information portal of the Union data on registration (refusal in registration) by TZ of the Union in the Unified register of trademarks of the Union are published.
86. In case of receipt in department of submission of the notification on processing of data on registration (refusal in registration) TZ of the Union for publication is carried out transaction "Receipt of the notification on results of processing of data on registration (refusal in registration) by TZ of the Union for publication" (P.SP.02.OPR.021) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
87. Result of accomplishment of the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005) is ensuring publication on information portal of the Union in the Unified register of TZ of the Union of data on registration (refusal in registration) TZ of the Union, and also informing national patent authorities of state members on the made decision on registration (refusal in registration) TZ of the Union.
88. The list of the transactions of general process which are carried out within the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005), is given in table 31.
Table 31
The list of the transactions of general process which are carried out within the "Submission of Data on Registration (Refusal in Registration) TZ of the Union" procedure (P.SP.02.PRC.005)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.014 |
execution of the decision on registration (refusal in registration) TZ of the Union and introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union |
it is provided in table 32 of these rules |
|
P.SP.02.OPR.015 |
submission of data on registration (refusal in registration) TZ of the Union |
it is provided in table 33 of these rules |
|
P.SP.02.OPR.016 |
acceptance and processing of data on registration (refusal in registration) TZ of the Union |
it is provided in table 34 of these rules |
|
P.SP.02.OPR.017 |
receipt of the notification on result of processing of data on registration (refusal in registration) TZ of the Union |
it is provided in table 35 of these rules |
|
P.SP.02.OPR.018 |
submission of data on registration (refusal in registration) TZ of the Union for publication |
it is provided in table 36 of these rules |
|
P.SP.02.OPR.019 |
acceptance and processing of data on registration (refusal in registration) TZ of the Union for publication |
it is provided in table 37 of these rules |
|
P.SP.02.OPR.020 |
publication of data on registration (refusal in registration) TZ of the Union |
it is provided in table 38 of these rules |
|
P.SP.02.OPR.021 |
receipt of the notification on results of processing of data on registration (refusal in registration) TZ of the Union for publication |
it is provided in table 39 of these rules |
Table 32
Activity description "Execution of the Decision on Registration (Refusal in Registration) TZ of the Union and Introduction of Data on Registration (Refusal in Registration) TZ of the Union in the National Section of the Unified Register of TZ of the Union" (P.SP.02.OPR.014)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.014 |
|
2 |
Name of transaction |
execution of the decision on registration (refusal in registration) TZ of the Union and introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out by department of giving in case of acceptance by results of examination of the decision on registration of TZ of the Union (concerning all or part of the declared goods and (or services)), and also in case of acceptance by department of submission of the decision on refusal in registration of TZ of the Union |
|
5 |
Restrictions |
- |
|
6 |
Activity description |
execution of the decision on registration of TZ of the Union or refusal in registration of TZ of the Union are carried out by the contractor according to the procedure, established by the Instruction |
|
7 |
Results |
data on registration (refusal in registration) are drawn up and made by TZ of the Union to the national section of the Unified register of TZ of the Union |
Table 33
Activity description "Submission of Data on Registration (Refusal in Registration) TZ of the Union" (P.SP.02.OPR.015)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.015 |
|
2 |
Name of transaction |
submission of data on registration (refusal in registration) TZ of the Union |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
TZ of the Union in the national Section of the Unified register of TZ of the Union (transaction "Execution of the decision on registration (refusal in registration) by TZ of the Union and introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union" is carried out after introduction of data on registration (refusal in registration) (P.SP.02.OPR.014)) |
|
5 |
Restrictions |
the format and structure of the represented data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor no later than 5 working days from decision date about registration (refusal in registration) TZ of the Union sends data on registration (refusal to registration) to TZ of the Union in national patent authority according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
data on registration (refusal in registration) are provided to TZ of the Union to national patent authority |
Table 34
Activity description "Acceptance and Processing of Data on Registration (Refusal in Registration) TZ of the Union" (P.SP.02.OPR.016)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.016 |
|
2 |
Name of transaction |
acceptance and processing of data on registration (refusal in registration) TZ of the Union |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of data on registration (refusal in registration) by TZ of the Union (transaction "Submission of data on registration (refusal in registration) TZ of the Union" (P.SP.02.OPR.015)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on registration (refusal in registration) TZ of the Union and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies department of giving on processing of data on registration (refusal in registration) TZ of the Union with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
data on registration (refusal in registration) are processed by TZ of the Union, the notification on results of processing of the provided data is sent to department of giving |
Table 35
Activity description "Receipt of the Notification on Result of Processing of Data on Registration (Refusal in Registration) TZ of the Union" (P.SP.02.OPR.017)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.017 |
|
2 |
Name of transaction |
receipt of the notification on result of processing of data on registration (refusal in registration) TZ of the Union |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of data on registration (refusal in registration) by TZ of the Union (transaction "Acceptance and processing of data on registration (refusal in registration) TZ of the Union" (P.SP.02.OPR.016)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of data on registration (refusal in registration) TZ of the Union according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on results of processing by national patent authority of data on registration (refusal in registration) is received by TZ of the Union |
Table 36
Activity description "Submission of Data on Registration (Refusal in Registration) TZ of the Union for Publication" (P.SP.02.OPR.018)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.018 |
|
2 |
Name of transaction |
submission of data on registration (refusal in registration) TZ of the Union for publication |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
TZ of the Union in the national Section of the Unified register of TZ of the Union (transaction "Execution of the decision on registration (refusal in registration) by TZ of the Union and introduction of data on registration (refusal in registration) TZ of the Union in the national Section of the Unified register of TZ of the Union" is carried out after introduction of data on registration (refusal in registration) (P.SP.02.OPR.014)) |
|
5 |
Restrictions |
the format and structure of the represented data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor sends data on registration (refusal to registration) to TZ of the Union in the Commission for publication on information portal of the Union in the Unified register of TZ of the Union according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
data on registration (refusal in registration) are provided to TZ of the Union for publication on information portal of the Union in the Unified register of TZ of the Union to the Commission |
Table 37
Activity description "Acceptance and Processing of Data on Registration (Refusal in Registration) TZ of the Union for Publication" (P.SP.02.OPR.019)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.019 |
|
2 |
Name of transaction |
acceptance and processing of data on registration (refusal in registration) TZ of the Union for publication |
|
3 |
Contractor |
Commission |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of data on registration (refusal in registration) by TZ of the Union for publication (transaction "Submission of data on registration (refusal in registration) TZ of the Union for publication" (P.SP.02.OPR.018)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on registration (refusal in registration) TZ of the Union for publication and checks them according to Regulations of information exchange between national patent authorities and the Commission. In case of successful accomplishment of check the contractor notifies department of giving on processing of data on registration (refusal in registration) TZ of the Union for publication with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
data on registration (refusal in registration) are processed by TZ of the Union for publication, the notification on results of processing of the provided data is sent to department of giving |
Table 38
Activity description "Publication of Data on Registration (Refusal in Registration) TZ of the Union" (P.SP.02.OPR.020)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.020 |
|
2 |
Name of transaction |
publication of data on registration (refusal in registration) TZ of the Union |
|
3 |
Contractor |
Commission |
|
4 |
Accomplishment conditions |
it is carried out in case of successful processing of data on registration (refusal in registration) by TZ of the Union for publication (transaction "Acceptance and processing of data on registration (refusal in registration) TZ of the Union for publication" (P.SP.02.OPR.019)) |
|
5 |
Restrictions |
- |
|
6 |
Activity description |
the contractor provides publication on information portal of the Union in the Unified register of TZ of the Union of data on registration (refusal in registration) to TZ of the Union |
|
7 |
Results |
data on registration (refusal in registration) are published by TZ of the Union in the Unified register of TZ of the Union on information portal of the Union |
Table 39
Activity description "Receipt of the Notification on Results of Processing of Data on Registration (Refusal in Registration) TZ of the Union for Publication" (P.SP.02.OPR.021)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.021 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of data on registration (refusal in registration) TZ of the Union for publication |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of data on registration (refusal in registration) by TZ of the Union for publication (transaction "Acceptance and processing of data on registration (refusal in registration) TZ for publication" (P.SP.02.OPR.019)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts the notification on results of processing of data on registration (refusal in registration) TZ of the Union for publication according to Regulations of information exchange between national patent authorities and the Commission |
|
7 |
Results |
the notification on results of processing by the Commission of data on registration (refusal in registration) is received by TZ of the Union for publication |
"Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006)
89. The scheme of accomplishment of the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006) is provided in the figure 17.
Fig. 17. Scheme of accomplishment of the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006)
90. The "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006) is carried out by national patent authority in case of the applicant's disagreement with the decision of national patent authority made according to Item 7 of article 12 of the Agreement.
91. The first carries out transaction "Submission of the notification on the arrived claim to the decision on examination" (P.SP.02.OPR.022) by results of which accomplishment the national patent authority notifies department of giving on the arrived claim according to the procedure, established by the Instruction.
92. In case of receipt in department of submission of the notification on the arrived claim to the decision on examination transaction "Acceptance and processing of the notification on the arrived claim to the decision on examination" is carried out (P.SP.02.OPR.023) by results of which accomplishment department of giving receives the specified data, carries out their processing and sends the notification on results of processing of the notification on the arrived claim to the decision on examination to national patent authority.
93. In case of receipt in national patent authority of the notification on processing of the notification on the arrived claim to the decision on examination transaction "Receipt of the notification on results of processing of the notification on the arrived claim to the decision on examination" is carried out (P.SP.02.OPR.024) by results of which accomplishment the national patent authority performs processing of the received notification on processing of the notification on the arrived claim to the decision on examination.
94. Result of accomplishment of the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006) is ensuring processing of the notification on the arrived claim to the decision on examination, the notification on results of processing of the notification is sent to department of giving.
95. The list of the transactions of general process which are carried out within the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006), is given in table 40.
Table 40
The list of the transactions of general process which are carried out within the "Submission of the Notification on the Arrived Claim to the Decision on Examination" procedure (P.SP.02.PRC.006)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.022 |
submission of the notification on the arrived claim to the decision on examination |
it is provided in table 41 of these rules |
|
P.SP.02.OPR.023 |
acceptance and processing of the notification on the arrived claim to the decision on examination |
it is provided in table 42 of these rules |
|
P.SP.02.OPR.024 |
receipt of the notification on results of processing of the notification on the arrived claim to the decision on examination |
it is provided in table 43 of these rules |
Table 41
Activity description "Submission of the Notification on the Arrived Claim to the Decision on Examination" (P.SP.02.OPR.022)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.022 |
|
2 |
Name of transaction |
submission of the notification on the arrived claim to the decision on examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out by national patent authority in case of the applicant's disagreement with the decision of national patent authority |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
In case of receipt of the notification on the arrived claim to the decision on examination according to the procedure, stipulated in Item 3 articles 11 of the Agreement, national patent authority sends it to department of giving |
|
7 |
Results |
the notification on the arrived claim to the decision on examination is provided to department of giving |
Table 42
Activity description "Acceptance and Processing of the Notification on the Arrived Claim to the Decision on Examination" (P.SP.02.OPR.023)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.023 |
|
2 |
Name of transaction |
acceptance and processing of the notification on the arrived claim to the decision on examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on the arrived claim to the decision on examination (transaction "Submission of the notification on the arrived claim to the decision on examination" (P.SP.02.OPR.022)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts notifications on the arrived claim to the decision on examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies national patent authority on processing of the notification on the arrived claim to the decision on examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on the arrived claim to the decision on examination is processed, the notification on results of processing of the provided notification is sent to national patent authority |
Table 43
Activity description "Receipt of the Notification on Results of Processing of the Notification on the Arrived Claim to the Decision on Examination" (P.SP.02.OPR.024)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.024 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of the notification on the arrived claim to the decision on examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of the notification on the arrived claim to the decision on examination (transaction "Acceptance and processing of the notification on the arrived claim to the decision on examination" (P.SP.02.OPR.023)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
decision making about registration of TZ of the Union or refusal in registration of TZ of the Union are carried out by the contractor according to the procedure, established by the Instruction |
|
7 |
Results |
the notification on results of processing of the notification on the arrived claim to the decision on examination is received |
"Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007)
96. The scheme of accomplishment of the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007) is provided in the figure 18.
Fig. 18. Scheme of accomplishment of the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007)
97. The "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007) is carried out by national patent authority according to Item 7 of article 11 of the Agreement for the purpose of submission of data on results of interstate appeal of the decision on examination in case of the applicant's disagreement with the decision of national patent authority made according to the paragraph the fifth Item 7 of article 9 of the Agreement.
98. The first carries out transaction "Submission of data on results of interstate appeal of the decision on examination" (P.SP.02.OPR.025) by results of which accomplishment the national patent authority represents results of the made decision to department of giving according to the procedure, established by the Instruction.
99. In case of receipt in department of submission of data on results of interstate appeal of the decision on examination transaction "Acceptance and processing of data on results of interstate appeal of the decision on examination" is carried out (P.SP.02.OPR.026) by results of which accomplishment department of giving receives the specified data, carries out their processing and sends the notification on results of processing of data on results of interstate appeal of the decision on examination to national patent authority.
100. In case of receipt in national patent authority of the notification on processing of data on results of interstate appeal of the decision on examination transaction "Receipt of the notification on results of processing of data on results of interstate appeal of the decision on examination" is carried out (P.SP.02.OPR.027) by results of which accomplishment the national patent authority performs processing of the received notification on processing of data on results of interstate appeal of the decision on examination.
101. Result of accomplishment of the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007) is ensuring processing of data on results of interstate appeal of the decision on examination, the notification on results of processing of the provided data is sent to department of giving.
102. The list of the transactions of general process which are carried out within the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007), is given in table 44.
Table 44
The list of the transactions of general process which are carried out within the "Submission of Data on Results of Interstate Appeal of the Decision on Examination" procedure (P.SP.02.PRC.007)
|
Specification symbol |
Name |
Description |
|
1 |
2 |
3 |
|
P.SP.02.OPR.025 |
submission of data on results of interstate appeal of the decision on examination |
it is provided in table 45 of these rules |
|
P.SP.02.OPR.026 |
acceptance and processing of data on results of interstate appeal of the decision on examination |
it is provided in table 46 of these rules |
|
P.SP.02.OPR.027 |
receipt of the notification on results of processing of data on results of interstate appeal of the decision on examination |
it is provided in table 47 of these rules |
Table 45
Activity description "Submission of Data on Results of Interstate Appeal of the Decision on Examination" (P.SP.02.OPR.025)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.025 |
|
2 |
Name of transaction |
submission of data on results of interstate appeal of the decision on examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out after completion of the procedures of interstate appeal |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
submission of data on results of interstate appeal of the decision on examination is carried out by the contractor according to the procedure, established by the Instruction |
|
7 |
Results |
data on results of interstate appeal of the decision on examination are provided to department of giving |
Table 46
Activity description "Acceptance and Processing of Data on Results of Interstate Appeal of the Decision on Examination" (P.SP.02.OPR.026)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.026 |
|
2 |
Name of transaction |
acceptance and processing of data on results of interstate appeal of the decision on examination |
|
3 |
Contractor |
department of giving |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of data on results of interstate appeal of the decision on examination (transaction "Submission of data on results of interstate appeal of the decision on examination" (P.SP.02.OPR.025)) |
|
5 |
Restrictions |
the format and structure of data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on results of interstate appeal of the decision on examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies national patent authority on processing of data on results of interstate appeal of the decision on examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
data on results of interstate appeal of the decision on examination are processed, the notification on results of processing of the provided data is sent to national patent authority |
Table 47
Activity description "Receipt of the Notification on Results of Processing of Data on Results of Interstate Appeal of the Decision on Examination" (P.SP.02.OPR.027)
|
N of payment order |
Designation of element |
Description |
|
1 |
2 |
3 |
|
1 |
Specification symbol |
P.SP.02.OPR.027 |
|
2 |
Name of transaction |
receipt of the notification on results of processing of data on results of interstate appeal of the decision on examination |
|
3 |
Contractor |
national patent authority |
|
4 |
Accomplishment conditions |
it is carried out in case of receipt by the contractor of the notification on results of processing of data on results of interstate appeal of the decision on examination (transaction "Acceptance and processing of data on results of interstate appeal of the decision on examination" (P.SP.02.OPR.026)) |
|
5 |
Restrictions |
the format and structure of the provided data shall match the Description of formats and structures of electronic documents and data |
|
6 |
Activity description |
the contractor accepts data on results of interstate appeal of the decision on examination and checks them according to Regulations of information exchange between national patent authorities. In case of successful accomplishment of check the contractor notifies national patent authority on processing of data on results of interstate appeal of the decision on examination with indication of code of the result of processing of data corresponding to addition of data according to Regulations of information exchange between national patent authorities |
|
7 |
Results |
the notification on results of processing of data on results of interstate appeal of the decision on examination is received |
103. The scheme of accomplishment of the "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008) is provided in the figure 19.
Fig. 19. Scheme of accomplishment of the "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008)
104. The "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008) is carried out by department of giving in case of the address of the interested person which rights and legitimate interests are violated in connection with application for the trademark of the Union (further - the address of the interested person), according to the procedure, established in Item 2 of the Rule 8 Instructions.
105. The first performs the "Entering of Data on the Address of the Interested Person into the National Section of the Unified Register of TZ of the Union" procedure (P.SP.02.OPR.189) by results of which accomplishment department of giving makes data on the address of the interested person to the national section of the Unified register of TZ of the Union.
106. After entering of data on the address of the interested person into the national Section of the Unified register of TZ of the Union transaction "Submission of the address of the interested person" is carried out (P.SP.02.OPR.190) by results of which accomplishment department of giving sends the appeal of the interested person to national patent authority. Transaction is carried out concerning national patent authorities of each state member.
107. In case of receipt in national patent authority of the address of the interested person transaction "Acceptance and processing of the address of the interested person" is carried out (P.SP.02.OPR.191) by results of which accomplishment the national patent authority receives the specified data, carries out their processing and sends the notification on results of processing of the corresponding data to department of giving.
108. In case of receipt in department of submission of the notification on processing of the address of the interested person transaction "Receipt of the notification on results of processing of the address of the interested person" is carried out (P.SP.02.OPR.192) by results of which accomplishment department of giving performs processing of the received notification on processing of data.
109. After entering of data on the address of the interested person into the national Section of the Unified register of TZ of the Union transaction "Submission of the address of the interested person for publication" is carried out (P.SP.02.OPR.028) by results of which accomplishment department of giving sends to the Commission the appeal of the interested person for publication on information portal of the Union.
110. In case of receipt in the Commission of the address of the interested person for publication transaction "Acceptance and processing of the address of the interested person for publication" is carried out (P.SP.02.OPR.029) by results of which accomplishment the Commission receives the specified data, carries out their processing and sends to department of giving the notification on results of processing of the address of the interested person for publication.
111. In case of successful processing of the provided address of the interested person transaction "Publication of the address of the interested person" is carried out (P.SP.02.OPR.030) by results of which accomplishment on information portal of the Union the address of the interested person is published.
112. In case of receipt in department of submission of the notification on processing of the address of the interested person for publication transaction "Receipt of the notification on results of processing of the address of the interested person for publication" is carried out (P.SP.02.OPR.031) by results of which accomplishment department of giving performs processing of the received notification on processing of the address of the interested person.
113. Result of accomplishment of the "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008) is ensuring publication on information portal of the Union of the address of the interested person, and also receipt of the corresponding data by national patent authorities.
114. The list of the transactions of general process which are carried out within the "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008), is given in table 48.
Table 48
The list of the transactions of general process which are carried out within the "Submission of the Address of the Interested Person" procedure (P.SP.02.PRC.008)
|
Specification symbol |
Name |
Description |
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