LAW OF THE RUSSIAN FEDERATION

On Trademarks, Service Marks and Appellations of Origin of Goods

This Law and legislative acts of Republic of the Russian Federation based on it shall govern the relations arising in connection with registration, legal protection and use of trademarks, service marks, and appellations of origin of goods.

SECTION 1 TRADEMARK AND SERVICE MARK

Chapter 1. TRADEMARK AND SERVICE MARK, THEIR LEGAL PROTECTION

Article 1. Trademark and Service Mark

A trademark and service mark (hereinafter "trademark") are signs capable of distinguishing goods and services, respectively, of a certain person or legal entity from similar goods and services (hereinafter "goods") of other natural persons or legal entities.

Article 2. Legal Protection of Trademark

1. A trademark shall be legally protected in the Russian Federation on the basis of its State registration effected through the procedure set forth by this Law or by virtue of international treaties to which the Russian Federation is a party.

2. The right to a trademark shall be protected by the law.

3. A trademark may be registered in the name of a legal entity and a natural person engaged in business activities.

Article 3. Trademark Certificate

1. A Trademark Certificate shall be issued for a registered trademark.

2. The Certificate shall attest to the priority of the trademark, the exclusive right of the trademark owner in respect of the goods listed in the certificate.

Article 4. Exclusive Right for Trademark

1. An owner of a trademark shall have the exclusive right to use and dispose of the trademark and to prevent others from using the trademark. Nobody shall be allowed to use a trademark protected in the Russian Federation without authorization by its owner.

2. Unauthorized manufacture, use, importation, offer for sale, sale, other commercial introduction or storage for any of these purposes of a trademark or goods bearing this trademark or a confusingly similar sign in respect of similar goods shall be regarded as infringement of rights of the trademark owner.

Article 5. Kinds of Trademarks

1. Word, figurative, three-dimensional, or other signs or their combinations may be registered as trademark.

2. A trademark may be registered in any color or combination of colors.

Article 6. Statutory Grounds for Rejection of Registration

1. Trademarks shall not be registered if they consist only of signs:

that do not have a distinguishing capacity;

that represent State armorial bearings, flags or emblems;

official names of States, emblems, abbreviated or full names of international intergovernmental organizations;

official signs and hallmarks of control and warranty, seals, awards and other distinguishing signs or signs confusingly similar to them. Such signs may be incorporated as non-protectable elements, in a trademark, provided the consent of their owner or an appropriate authority is available;

that are commonplace to designate goods of a certain kind; that are generally adopted symbols and terms; that point to the kind, quality, quantity, properties, application, value of goods and the place and time of their manufacture or sale.

The signs set forth in subparagraphs 2, 4, 5 and 6 of this paragraph may be incorporated as non-protectable elements in a trademark, provided they do not prevail.

2. The following signs will not be registered as trademarks or their elements:

that are misleading or capable of confusing consumers in respect of a good or its manufacturer;

that are contrary to public interests, principles of humanity or morals.

Article 7. Other Grounds for Rejection of Registration

1. The following signs shall not be registered as trademarks if they are identical or confusingly similar to:

trademarks earlier registered or applied for registration in the Russian Federation in the name of another person in respect of similar goods;

trademarks of other persons, protected without registration by virtue of international treaties to which the Russian Federation is a party;

appellations of origin of goods, protected under the law of the Russian Federation, except for the cases where such appellation is incorporated as a non-protected element in a registration pending trademark in the name of a person having the right to use such appellation;

certification marks registered following a statutory procedure.

2. The following signs shall not be registered if they reproduce:

firm names (or a part thereof), known in the territory of the Russian Federation belonging to other persons granted the right to such firm names before the filing date of an application relating to similar good;

industrial designs the rights to which belong to other persons in the Russian Federation;

titles of works of science, literature and art, characters or quotations from them, works of art or their fragments known in the Russian Federation without the consent of a copyright owner or his successor in title;

family names, first names, pseudonyms and their derivatives, portraits and facsimile of famous persons without the consent of such persons, their heirs, the appropriate authority or the Supreme Soviet of the Russian Federation, if such signs are of historical or cultural value for the Russian Federation.

Chapter 2. REGISTRATION OF TRADEMARK

Article 8. Application for Registration of Trademark

1. An application for registration of a trademark (hereinafter "application") shall be filed by a legal entity or a natural person with the State Patent Office of the Russian Federation (hereinafter "the Patent Office").

2. An application may be filed through a patent attorney registered for the practice before the Patent Office.

Foreign legal entities or natural persons having their permanent residence outside the Russian Federation or their patent attorneys shell perform the formalities connected with the registration of trademarks through patent attorneys registered for the practice before the Patent Office. The competence of a patent attorney shell be attested by a power of attorney issued to him by the applicant.

The requirements to the patent attorneys, the procedure of qualifying and registering a patent attorney shell be defined in the Statute of Patent Attorneys subject to approval by Government of the Russian Federation.

3. An application shall relate to one trademark only.

4. An application shall contain:

a request for the registration of the sign as a trademark with the indication of the applicant as well as his seat or residence;

the claimed sign and its description; the list of goods for which the trademark registration is applied for grouped under headings of the International Classification of Goods for the Purposes of the Registration of Marks.

An application shall be filed in Russian.

5. An application shall be accompanied by:

a document certifying payment of the fee in the prescribed amount;

the bylaw of a collective mark, if the application is filed for a collective mark.

The documents accompanying an application shall be filed in Russian or another language. Where such documents are filed in another language, the application shall be accompanied by their translation into Russian. The translation into Russian may be submitted by the applicant within two months after the date of filing the application which contains documents in another language with the Patent Office.

6. The requirements to the application documents shall be determined by the Patent Office.

Article 9. Priority of Trademark

1. Priority of a trademark shall be fixed as of the filing date of the application complying with the requirements of paragraph 4 of Article 8 of this Law with the Patent Office.

2. Priority of a trademark may be fixed as of the date of filing of the first application in a member country of the Paris Convention for the Protection of Industrial Properly (convention priority), provided the application is filed with the Patent Office within six months from the above-mentioned date.

3. Priority of a trademark affixed to exhibits of official or officially recognized international exhibitions organized in the territory of a member country of the Paris Convention for the Protection of Industrial Property may be fixed as of the date at which the display of the exhibit began at the exhibition (exhibition priority), provided the trademark application is filed with the Patent Office within six months from the above-mentioned date.

4. An applicant wishing to enjoy the right of convention or exhibition priority shall be liable to make the statement to the effect at filing trademark application or within two months from the filing date of the application with the Patent Office and shall submit the necessary documents in support of such request, or submit such documents within three months from the filing date of the application with the Patent Office.

5. Priority of a trademark may be fixed as of the date of its international registration in accordance with international treaties to which the Russian Federation is a party.

Article 10. Examination of Application for Trademark

1. The examination of an application shall be carried out by the Patent Office and shall include a preliminary examination and an examination of the sign.

2. The applicant shall have the right, on his own initiative, to supplement or correct the application materials during the examination before an action is issued.

If supplementary materials materially change the application, they shall not be accepted and may be filed by the applicant in an independent application.

3. During the examination the Patent Office shall be entitled to request from the applicant supplementary materials the lack of which makes the examination impossible.

The requested supplementary materials shall be submitted within two months from the date of receipt of the request. This period may be extended at the request of the applicant, provided that the applicant files the request before the expiration of such period. If the applicant does not comply with the time limit or fails to file a reply to the Examiner's request, the application shall be deemed abandoned.

4. An application may be withdrawn at the request of the applicant at any stage of examination, but not later than the date of registration of the trademark.

Article 11. Preliminary Examination

1. The preliminary examination shall be carried out within one month from the date of filing with the Patent Office.

2. During the preliminary examination an application and the accompanying documents shall be checked for their compliance with the statutory requirements. Based on results of the preliminary examination, the applicant shall be informed either of acceptance of the application or of its rejection.

3. In the case where an application is accepted, the applicant shall be informed of the priority of the applied trademark, unless a convention or exhibition priority is claimed without, however, submitting the necessary documents in support of this claim by the date the application has been accepted for examination.

Article 12. Examination of Sign

1. Examination of Sign shall be carried out when the preliminary examination is over.

During the examination a sign shall be checked for its compliance with the requirements set forth in Articles 1, 6 and paragraph 1 of article 7 of this Law, and the priority of the trademark shall be fixed if it has not been fixed during the preliminary examination.

2. Based on the results of the examination, an action either to register the trademarks or to reject its registration shall be issued.

3. An action to register a trademark may be revised in connection with the filing of an application enjoying an earlier priority in accordance with Article 9 of this Law.

Article 13. Appeal from Decision on Application and Restoration of Expired Terms

1. If an applicant disagrees with the decision following the preliminary examination or the examination of sign, the applicant shall be entitled to lodge, within three months from the date of receipt of an appropriate action, an appeal with the Appeals Board of the Patent Office (hereinafter "the Appeals Board"). The appeal shall be heard by the Appeals Board within four months from the date of its receipt.

2. If an applicant disagrees with the decision by the Appeals Board, the applicant may, within six months from the date of its receipt, lodge an appeal with the Supreme Patent Board of the Russian Federation (hereinafter "the Supreme Patent Board") . The decision of tile Supreme Patent Board shall be final.

3. An applicant shall have the right to gain access to the references cited by the examiner.

Within one month from the receipt of an action in respect of the application the applicant may request copies of the above-mentioned references.

4. The time limits set forth in Paragraph 3 of Article 10 this Law and in paragraphs 1 and 3 of this Article, which have expired, may be reinstated by the Patent Office at the request of the applicant filed within two months from their expiration, provided there is a reasonable excuse and an appropriate fee is paid.

Article 14. Registration of Trademark

Based on the decision to register the trademark the Patent Office shall, within one month from the date of receipt of a document certifying payment of the statutory fee, enter the trademark in the State Register of Trademarks and Service Marks of the Russian Federation (hereinafter "the Register"). Entered in the Register shall be the trademark, its owner data, the priority date of the trademark, and the date of its registration, the list of goods for which the trademark is registered, other data having to do with the registration of the trademark and any subsequent changes in this data.

Article 15. Issuance of Trademark Certificate

1. A trademark certificate shall be issued by the Patent Office within three months from the date of registration of the trademark in the Register.

2. The form of the certificate and its contents shall be determined by the Patent Office.

Article 16. Registration Period

1. Registration of a trademark shall be valid for ten years from the filing date of the application with the Patent Office.

2. The trademark registration period may be prolonged at the request of its owner which should be filed during the last year of the expiring term, each time for the next ten years.

At the request of a trademark owner wishing to prolong the term of the trademark registration, the owner may be given a six-month grace period after expiration of the registration period, provided the owner has paid the additional fee.

3. Prolongation of the trademark registration shall be entered by the Patent Office in the Register and the Trademark Certificate.

Article 17. Entering Changes in Registration

An owner of a trademark shall inform the Patent Office of any changes in its name, family name, first name or patronymic, reduction of the list of goods for which the trademark has been registered, alterations of individual elements of the trademark which do not materially alter it, and of any other changes having to do with the registration of the trademark.

The changes shall be entered in the Register and the Trademark Certificate, provided an appropriate fee has been paid.

Article 18. Publication of Information about Registration

Information having to do with registration of a trademark and entered in the Register as set in Article 14 of this Law shall be published by the Patent Office in the Official Gazette within six months from the date of registration of the trademark in the Register or from the date changes in the registration of the trademark have been entered in the Register.

Article 19. Registration of Trademark Abroad

Legal entitles and natural persons of the Russian Federation shall be entitled to have their trademarks registered abroad or to register it according to an international procedure.

An application for the international registration of a trademark shall be filed through the Patent Office.

Chapter 3. COLLECTIVE MARK

Article 20. Right to Collective Mark

1. A collective mark shall be a trademark of a union, a business association or other voluntary amalgamation of enterprises (hereinafter "amalgamation"), which is intended to be affixed to their manufactured or marketed goods possessing common qualitative or other general characteristics.

2. A collective mark and the right to use it may not be transferred to other persons.

Article 21. Registration of Collective Mark

1. An application for registration of a collective mark shall be accompanied by a Bylaw of the collective mark which shall contain the name of the amalgamation authorized to register the mark in its name, the list of enterprises having the right to use this mark, the objective of its registration, the list of goods and common qualitative or other general characteristics of goods which are to bear the collective mark, the conditions for its use, the procedure of control over its use, the responsibility for violation of the Bylaw of the collective mark.

2. Information about the enterprises having the right to use the collective mark in addition to the information set forth in Article 14 of this Law shall be entered into the Register and the certificate for the collective mark. This information as well as an excerpt from the Bylaw of the collective mark concerning common qualitative or other general characteristics of the goods for which the mark has been registered shall be published by the Patent Office in the Official Gazette. The owner of the collective mark shall inform the Patent Office of any changes in the Bylaw of tile collective mark.

3. In case where a collective mark is used on goods not possessing common qualitative or other general characteristics, its registration may be suspended fully or in part on following a decision by the Supreme Patent Board issued at the request of any person.

Chapter 4. USE OF TRADEMARK

Article 22. Use of Trademark and Consequences of Its Nonuser

1. A trademark shall be considered as used If it is affixed to the goods for witch it has been registered and/or to their packages by the trademark owner or a person who has been granted such right on the basis of a license contract as set forth in Article 26 of this Law.

A trademark shall be also considered as used if it is utilized in advertising, in printed publications, official forms, signboards, while displaying exhibits at exhibitions or fairs held in the Russian Federation, provided there is a reasonable excuse for nonuser of the trademark on goods and/or their packages.

2. Legal entities and natural persons engaged in intermediary activities may, according to a contract, use their trademark in addition to the trademark of the manufacturer of the goods or instead of the trademark of the latter.

3. Registration of a trademark may be terminated fully or in part following a decision of the Supreme Patent Board issued at the request of any person on the grounds of nonuser of the trademark for five years in a row from the date of registration or for five years preceding the filing of such request.

In making a decision on an earlier termination of a trademark registration on the grounds of nonuser a proof submitted by the trademark owner to the effect that has not been used for reasons beyond the owner's control shall be taken in to consideration.

Article 23. Exhaustion of Rights Based on Trademark Registration

Registration of a trademark shall not give its owner the right to prevent other persons from using this mark for goods which have been commercially introduced directly by the trademark owner or with this consent.

Article 24. Precautionary Marking

A trademark owner may affix, at its trademark, a Precautionary marking indicating that the sign used is a trademark registered in the Russian Federation.

Chapter 5. TRANSFER OF TRADEMARK

Article 25. Assignment of Trademark

A trademark may be assigned by its owner under a contract to a legal entity or a natural person with respect to all or some goods for which it has been registered.

Assignment of a trademark shall not be allowed if it may lead to confusion of consumers with regard to goods or its manufacturer.

Article 26. License for Use of Trademark

The right to use a trademark may be granted by the trademark owner (licensor) to another person (licensee) under a license contract.

A license contract shall set forth a provision to the effect that qualify of licensee's goods shall not be inferior to those of the licensor and that the licensor should exercise control over compliance with this provision.

Article 27. Registration of Contract of Assignment of Trademark and of License Contract

Any contract of assignment of a trademark or a license contract shall be registered with the Patent Office. Without such registration they shall be deemed invalid.

Chapter 6. TERMINATION OF LEGAL PROTECTION OF TRADEMARK

Article 28. Holding Registration of Trademark Invalid

1. A trademark registration may be hold invalid fully or in part for its whole period of validity if it has been effected in effected in contravention of the requirements set forth in Paragraph 3 of Article 2 and Article 6 of this Law or within five years from the date of publication of information about registration of the trademark in the Official Gazette on the grounds set forth in Article 7 of this Law.

2. Any person may file, within the time limits set forth in paragraph 1 of this Article, an opposition against a trademark registration with the Appeals Board. An opposition against a trademark registration shall be considered within four months from the date of its receipt.

3. The decision by the Appeals Board may be appealed at the Supreme Patent Board within six months from the date on which it has been made. The decision by the Supreme Patent Board shall be final.

Article 29. Cancellation of Trademark Registration

A trademark registration shall be cancelled by the Patent Office:

in connection with the expiration of its term set forth in Article 16 of this Law;

following a decision of the Supreme Patent Board on its earlier termination on the grounds of use of a collective mark on goods which do not possess common qualitative or other general characteristics as set forth in paragraph 3 of Article 21 of this Law;

following the decisions of the Supreme Patent Board on its earlier termination on the grounds of nonuser of the trademark as set forth in paragraph 3 of Article 22 of this Law;

if it is recognized held invalid as set forth in Article 28 of this Law;

when the legal entity, owner of the trademark, is liquidated; following a decision of the Supreme Patent Board where a trademark has become a commonplace sign generally used to designate of a certain kind of goods;

if the trademark owner abandons it.

SECTION II. APPELLATIONS OF ORIGIN OF GOODS

Chapter 7. APPELLATION OF ORIGIN AND ITS LEGAL PROTECTION

Article 30. Appellation of Origin of Goods

1. An appellation of origin of goods is the name of a country, settlement, locality or other geographic place (hereinafter "geographic place") which is used to designate goods the special properties of which are defined, exclusively or prevailingly, by natural conditions or human factors specific for this area, or jointly by natural conditions and human factors.

A historical name of a geographic object may be an appellation of origin.

2. A designation, which represents or includes the name of a geographic place and which is a commonplace name in the Russian Federation as designating a certain kind of goods without association with the place of its manufacture, shall not be regarded as an appellation of origin.

Article 31. Origin of Legal Protection

1. Legal protection of an appellation of origin of good in the Russian Federation shall start following its registration by the procedure set forth in this Law or by virtue of international treaties to which the Russian Federation is a party.

2. Any appellation of origin shall be protected by the law.

3. The appellation of origin of good may be registered by one or several legal entities or natural persons. A person having the appellation of origin registered shall be granted the right to use it, provided that the goods manufactured by this person comply with the requirements set forth in paragraph 1 of Article 30 of this Law. The right to use the same appellation of origin registered by the statutory procedure may be granted to any legal entity or natural person residing at the same geographic place and manufacturing goods having the same properties.

4. Art appellation of origin shall be registered for an indefinite period.

Chapter 8. REGISTRATION, AND GRANT OF THE RIGHT TO USE APPELLATION OF ORIGIN

Article 32. Application for Registration and Grant of the Right to Use an Appellation of Origin

1. An application for registration, and grant of the right to use an appellation of origin or an application for grant of the right to use a registered appellation of origin (hereinafter "application") shall be filed with the Patent Office by an applicant (applicants) either in its own name or through a patent attorney as set forth in paragraph 2 of Article 8 of this Law.

2. An application shall relate to one appellation of origin only.

3. An application shall contain:

a request for registration, and grant of the right to use the appellation of origin of good or for the grant of the right to use the already registered appellation of origin on goods indicating the applicant (applicants) and his/her (their) seat or residence;

the claimed name; the kind of goods for which the registration, and grant of the right to use the appellation of origin or the grant of the right to use the registered appellation of origin is requested, indicating the place where such goods are manufactured (borders of the geographic place);

a description of specific properties of the goods .

The application shall be drafted in Russian.

4. An application shall be accompanied by:

a determination of a competent authority to the effect that the applicant resides in the designated geographical place and produces goods the specific properties of which are due to natural conditions or human factors or jointly natural conditions and human factors specific for this geographic place;

for a foreign applicant, a document certifying the right of the applicant to the claimed appellation of origin in the country of origin;

a document certifying payment of the statutory fee.

The documents accompanying the application shall be filed in Russian or another language. In the case where the documents are filed in another language, the application shall be accompanied by their translation into Russian. Translation into Russian may be submitted by the applicant within two months from the date of filing with the Patent Office the application containing documents in another language.

5. The requirements to the application documents shall be set forth by of the Patent Office.

Article 33. Examination of Application

1. The examination of an application shall be carried out by the Patent Office and shall include a preliminary examination and an examination of appellation.

2. During the examination of an application, prior to issuance of an action, the applicant shall be entitled, at his own motion, to supplement, correct or amend the application materials.

Where supplementary materials materially change the application, such materials shall not be accepted and may be filed by the applicant in an independent application.

3. During the examination the Patent Office shall have the right to request from the applicant any additional materials without which the examination is impossible.

The additional materials requested by the Examiner shall be submitted within two months from the date of receipt of the request. At the request of the applicant this period may be extended, provided that the request has been received prior to its expiration. If the applicant does not comply with the above-mentioned time limit or fails to reply to the Examiner's request, the application shall be considered abandoned.

4. The preliminary examination of an application shall be carried out within two months from the date of filing with the Patent Office.

During the preliminary examination the contents of the application, the availability of the necessary documents and their compliance with the statutory requirements shall be checked. Based on the results of the preliminary examination the applicant shall be informed either of acceptance of the application or of its rejection.

5. The appellation in an accepted application shall be examined for its compliance with the requirements set forth in Article 30 of this Law.

6. According to results of the examination the Patent Office shall decide either to register the appellation of origin and grant the right to use it, or grant the right to use the already registered appellation of origin, or to refuse the right to use it.

7. The applicant may withdraw the application at any stage of the examination.

Article 34. Appeal from Decision on Application and Extension of Time Limits

1. Where an applicant disagrees with an action based on the preliminary examination or the examination of appellation, the applicant shall be entitled, within three months from the date of receipt of such action, to lodge an appeal to the Appeals Board.

The appeal shall be considered by the Appeals Board within four months from the date of its receipt.

2. Where the applicant disagrees with the decision by the Appeal Board , the applicant may, within six months from the date of receipt of such decision, file an appeal with the Supreme Patent Board. The decision of the Supreme Patent Board shall be final.

3. The periods provided for in paragraph 3 of Article 33 of this Law and in paragraph 1 of this Article and disobeyed may be extended by the Patent Office at the request of an applicant filed within two months after their expiration, provided there is a reasonable excuse and an appropriate fee is paid.

Article 35. Registration of Appellation of Origin and Issuance of Certificate Attesting the Right to Use Appellation of Origin

1. Following an Examiner's action the Patent Office shall register an appellation of origin in the State Register of Appellations of Origin of the Russian Federation (hereinafter "the Register"). The following information shall be entered in the Register: the appellation of origin, information on the holder of the certificate attesting the right to use the appellation of origin (hereinafter "the certificate"), the kind and description of specific properties of goods for which the appellation of origin has been registered, other information relating to the registration and the grant of the right to use the appellation of origin, the renewal of the term of the certificate, as well as any subsequent changes in the above.

2. The Patent Office shall issue a certificate attesting the right to use the appellation of origin within three months from the date of receipt of a document certifying payment of an appropriate fee.

3. The form of the certificate and its contents shall be set forth by the Patent Office.

Article 36. Period of Certificate Attesting the Right to Use Appellation of Origin

1. A certificate shall be valid for ten years starting from the date of filing the application with the Patent Office.

2. The term of the certificate may be renewed at the request of its holder subject to a determination of a competent authority is submitted to certify that the holder of the certificate is resident of a given geographic place and produces goods having properties cited in the certificate.

Such request shall be filed during the last year of the expiring term.

The term of a certificate shall be renewed each time for ten years.

At the request of a certificate holder who wishes to renew the term of the certificate, an additional grace period of six months may be granted after the expiration of the term of the certificate, provided that an additional fee is paid.

3. Renewal of the term of a certificate shall be entered by the Patent Office in the Register and the certificate.

Article 37. Changes in the Register and Certificate

A certificate holder shall inform the Patent Office of any changes in the name, family name, first name or patronymic and of any other changes relating to the registration and grant of the right to use the appellation of origin.

A record in the Register and the certificate shall be made subject to payment of a fee.

Article 38. Publication of Information About Registration and Grant of the Right to Use Appellation of Origin

Information relating to registration, and grant of the right to use the appellation of origin entered in the Register as set forth in Article 35 of this Law shall be published by the Patent Office in the Official Gazette within six months from the date of entering in the Register.

Article 39. Registration of Appellation of Origin Abroad

1. Legal entities and natural persons of the Russian Federation shall be entitled to have their appellations of origin registered abroad.

2. An application for registration of an appellation of origin abroad shall be filed after registration and grant of the right to use such appellation of origin in the Russian Federation.

Chapter 9. USE OF APPELLATION OF ORIGIN

Article 40. Use of Appellation of Origin

1. An appellation of origin shall be considered as used if it is affixed to goods and their packages, in advertising, in leaflets, invoices, forms, and other documents having to do with commercial introduction of goods.

2. No registered appellation of origin may be used by persons who do not have an appropriate certificate even if the genuine place from which the goods originate is indicated or the appellation of origin is used in translation of in combination with expressions such as "sort of", "kind of", "imitation","-like", etc., and no similar appellation of origin may be used on similar goods which may confuse consumers in respect of origin and specific properties of goods.

3. A certificate holder shall not be entitled to grant licenses for use of the appellation of origin to other persons.

Article 41. Precautionary Marking

A certificate holder may affix at the appellation of origin a Precautionary marking indicating that the used name is an appellation of origin registered in the Russian Federation.

Chapter 10. TERMINATION OF LEGAL PROTECTION OF APPELLATION OF ORIGIN

Article 42. Holding Registration of Appellation of Origin and Certificate Attesting the Right to Use Appellation of Origin Invalid

1. Registration of an appellation of origin may be held invalid if it has been effected in contravention of this Law.

2. Validity of registration of an appellation of origin may be terminated if specific conditions for a given geographic place disappear and the goods having properties indicated in the Register cannot be produced.

Validity of registration of an appellation of origin effected in the name of a foreign legal entity or natural person, apart from the above grounds, shall be terminated also if they have lost the right to a given appellation of origin in the country of origin.

3. A certificate attesting to the right to use an appellation of origin may be held invalid if it has been issued in contravention of this Law.

4. Validity of a certificate may be terminated:

if goods have lost their specific properties cited in the Register in respect of a given appellation of origin;

if registration of the appellation of origin has been cancelled;

if legal entity, the certificate holder, has been liquidated; following a request from the certificate holder filed with the Patent Office.

5. Any person may file, on the grounds set forth in paragraphs 1 to 4 of this Article, an opposition against registration of an appellation of origin and grant of a certificate attesting to the right to use an appellation of origin with the Appeals Board. The opposition shall be considered within four months from the date of its receipt. The person who has filed the opposition and the certificate holder shall have the right to take part in the proceedings.

6. The decision by the Appeals Board may be appealed to the Supreme Patent Board within six months from the decision date.

The decision of the Supreme Patent Board shall be final.

7. Registration of an appellation of origin and the certificate attesting to the right to use the appellation of origin shall be cancelled by the Patent Office in the case where they have been held invalid following a decision by the Supreme Patent Board.

SECTION III FINAL PROVISIONS

Article 43. State Patent Office of the Russian Federation

The State Patent Office of the Russian Federation shall, in accordance with this Law, pursue a harmonized policy in the field of the protection of trademarks and appellations of origin in the Russian Federation, accept applications for the registration of trademarks and applications for registration, and grant of the right to use appellations of origin, carry out their examination, effect their State registration, issue certificates, publish official information, issue rules and guidelines concerning the implementation of this Law, perform other functions relating to trademarks and appellations of origin in accordance with the Statute of the Patent Office approved by President of the Russian Federation.

Article 44. Fees

Fees shall be charged for legally significant acts having to do with registration of trademarks, registration, and grant of the right to use appellations of origin fees shall be charged.

The fees shall be paid to the Patent Office. The list of acts for which fees arc charged, their amounts and time limits for payment and the grounds for refund of fees shall be determined by the Government of the Russian Federation.

Article 45. Hearing Disputes Related to Implementation of this Law

1. Disputes related to the implementation of this Law shall be heard following a procedure set forth in the legislation of the Russian Federation by a court or an arbitration tribunal, including disputes over: infringement of the exclusive right to a trademark;

conclusion and implementation of license contracts and contracts of assignment of trademarks;

illegal use of an appellation of origin.

2. The Supreme Patent Board shall hear disputes which are within its competence in accordance with Articles 13, 21, 22, 28, 29,34, 42 of this Law.

Article 46. Responsibility for Illegal Use of Trademark and Appellation of Origin

1. Any use of a trademark or an appellation of origin or a sign or a name similar to a trademark or appellation of origin for similar goods in contravention of paragraph 2 of Article 4 or paragraph 2 of Article 40 of this Law shall entail civil or criminal responsibility under the law of the Russian Federation.

2. Civil rights may be also protected against illegal use of a trademark, apart from the request of injunction to stop the infringement or damages through:

publication of a court order with the aim of restoring goodwill of the injured party;

removal from the goods or their packages of the illegally used trademark or a sign confusingly similar to it, or destruction of images of the trademark or a sign confusingly similar to it.

3. A person illegally using a registered appellation of origin or a sign confusingly similar to it shall be obliged, at the request of the holder of the certificate attesting to the right to use this appellation of origin, a public organization, or a public prosecutor: to stop its use and pay damages to all injured parties and also to pay to the local budget the profits derived from such illegal use of the appellation of origin in excess of the paid damages;

to publish the court order with the aim of restoring good will of the injured party;

to remove from goods or their packages the illegally used appellation of origin or a sign confusingly similar to it, or to destroy images of the appellation of origin or a sign confusingly similar to it.

4. A person using a precautionary marking in respect of a trademark or appellation of origin unregistered in the Russian Federation shall bear the responsibility following a procedure set forth in the Russian Federation.

Article 47. Rights of Foreign Legal Entities and Natural Persons

Foreign legal entities and natural persons shall enjoy the rights provided for in this Law on a par with legal entities and natural persons of the Russian Federation by virtue of international treaties to which the Russian Federation is a party or on a reciprocity basis.

The right to register, in the Russian Federation, appellations of origin shall be granted to legal entities and natural persons of the Russian Federation with the same right.

Article 48. International Treaties

If an international treaty to which the Russian Federation is a party set forth rules other than those set forth in this Law, the rules of such international treaty shall apply.

President of the Russian Federation

B.N.Elcin

Moskow, the House of Soviets of Russia September 23, 1992. No 3520-1

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