The requirement to designate the country of origin of goods is one of the mandatory requirements for the first part of the application for participation in an electronic auction and for the application for participation in an open tender. Those wishing to participate in the auction have many questions related to this concept - from why this information is needed to how to indicate it correctly. Dealing with the details and subtleties of this item can be extremely difficult.
What is the country of origin of goods
The first question to be answered is what is meant by the country of origin of the goods? Federal Law No. 44 does not disclose this concept, therefore, in order to find the truth, you will have to refer to the explanations given by the Ministry. economic development in letter No. Д28И-1889 dated 04/30/2014. According to the information contained in paragraphs 88-89 of this letter, one should proceed from the definition given in part 1 of Article 58 of the Customs Code of the Russian Federation. According to it, the country of origin of the goods is a state or several states on the territory of which (which) the goods were produced in whole or finally processed.
In which purchases it is required to indicate the country of origin of goods
Such a requirement is mandatory contained in the documentation on open tenders (Part 2 of Article 51 of Federal Law No. 44) and electronic auctions (Part 3 of Article 66 of Federal Law No. 44).
Many participants ask themselves whether it is necessary to indicate such information in a quotation order. On the basis of clause 6 of part 3 of Article 73 of Federal Law No. 44, such a requirement is mandatory established by the customer only in the cases specified in Article 14 of Federal Law No. 44 (if it comes on the restriction of admission or a complete ban on the admission of any goods). V general case a clause requiring the participant to indicate in which country the goods were produced should not be included in the notice of the request for quotations. Therefore, in the absence special requirements, the participant has the right not to indicate this data.
As confirmed by the country of origin of the goods
As for the electronic auction, it is indicated by the participant in the first part of the application. Moreover, if such a requirement is established by the customer in the documentation in accordance with current legislation RF, the second will need to attach the appropriate declarations or certificates (in accordance with clause 3 of part 5 of article 66 of Federal Law No. 44). Suspension of the first part of the application due to the absence of these documents is unacceptable and is a gross violation of the law on the part of the tender / auction commission.
In general, it is not required to confirm the information about the country of origin of the goods - it is enough to state the fact in the first part of the application (if you additionally indicate this information in part 2, you can use the sample). However, deception is not permissible here - in case of victory in the delivery of the goods, the customer will certainly pay attention to the discrepancy.
With the competition, everything is easier - all the documents there are provided at once and to understand the question "when?" not necessary.
How to correctly indicate the country of origin of goods in the application
In order to correctly indicate the country of origin of the goods, you need to refer to the Resolution of the Gosstandart of Russia dated February 14, 2001 No. 529-st. It is he who determines which names, including abbreviated ones, are permissible for a particular country. For your convenience, we have posted on our website information from the all-Russian classifier of the countries of the world.
Typical mistakes which bidders admit:
- Instead of the name provided by the classifier, indicate abbreviations, for example "RF" or "USA". Both of these abbreviations, although familiar to use, are considered erroneous. It would be correct to write " the Russian Federation " or " United States of America" respectively.
- Another mistake is specifying a specific city without mentioning the country. For example, "Yaroslavl", "Kolomna" or " Moscow region". In all cases, it is correct to write simply" the Russian Federation".
- Some participants try to indicate the country in which the product was produced using convoluted phrases. For example, "goods made in Belarus" or "goods made in Belarus". It is also wrong, you just need to write "Belarus". By the way, "Belarus", which is familiar to the Russian ear, is unacceptable in accordance with the classifier.
Why you need to indicate the country of origin of the goods
Having dealt with all the details and subtleties of indicating the country of origin of the goods, some bidders still ask themselves - why is this necessary? The answer to this question is given in Article 14 of Federal Law No. 44. For all purchases made by state and municipal authorities, national treatment applies. In addition, for some categories of goods of Russian, Belarusian and Kazakh production, 15 percent preferences are provided. Their list is determined by order of the Ministry of Economic Development dated March 25, 2014 No. 155. Rating 4.75 (8 Votes)
Editorial responseIn 1840, the world's first postage stamps appeared in England.
Today there are more than two hundred thousand copies of stamps. In almost all countries, a significant proportion of stamps are issued with the original purpose of selling them to collectors. First of all, philatelists try to get extremely rare stamps. Stamps without glue on back side are not in great demand and can be bought relatively inexpensively. The price of a stamp also falls if it has damaged or missing teeth, or if the stamp is difficult to make out behind the stamp.
Stamps that have a small circulation, or those of which very few have survived, or some mistakes were made during printing, have a high price.
Many states receive significant revenues from the sale of stamps. For example, Liechtenstein, Trinidad and Tobago and others are considering means of payment postal items(stamps, envelopes, postcards) as one of the tools in the formation of the revenue side of the budget.
Uncanceled stamps are often more expensive than canceled ones, with the exception of two cases: if there is a commemorative stamp on the canceled stamp and if the mark was placed on the first day of circulation. A canceled stamp has certain markings, postage signs that prevent further use of stamps for payment postal services... The stamp may have a special cancellation. It is carried out in connection with a memorable date. The special postmark also excludes the possibility of accepting and processing postal items with such a stamp, they have only collection value.
AiF.ru collected 10 interesting facts from the history of a postage stamp.
How much can you buy the first Russian brand?
Stamp of the Russian Empire, First issue, 1857, 10 kopecks. Photo: public domain
Depending on the catalog and the type of cancellation, the cost of the first Russian stamp ranges from $ 275 to $ 700 for a canceled stamp and from $ 12.5 to $ 20 thousand for a clean one. After entering into circulation, the postal department ordered to extinguish stamps with pen and ink, following the example of cancellation of stamped envelopes, since at that time not all post offices had postmarks.
Why is there no country name on UK postage stamps?
Any postage stamp has the name of the country that issued it in Latin letters. If there is no name, then it is a UK brand. Today the UK is the only country in the world that does not print its name on postage stamps. Universal Postal Union, setting requirements for stamps in different countries, obliged all countries to indicate the name of the issuing country on a postage stamp. Great Britain, as the first country to issue a stamp in circulation, was exempted from this obligation.
What was the first official postage stamp?
Postage stamp "Black Penny". Photo: public domain
The first stamp was issued in England in 1840 and was named "Black Penny". It is considered one of the first official postage stamps to have an adhesive back. The stamp features Queen Victoria of England. In total, about 68 million of these stamps were printed; a significant number of them have survived to this day. Although this brand is by no means rare, its value comes from the fact that it is simply the first brand. If a canceled "Black Penny" can be purchased from 10 to 200 dollars, then an unredeemed stamp costs tens of thousands.
Which brand is considered the rarest?
Postage stamp "Holy Grail". Photo: public domain
The Holy Grail (Z-Grill) is a 1 cent postage stamp depicting the first postmaster of the United States, Benjamin Franklin, made in 1868. To date, there are only two copies of this brand. The first one is in public library New York, and the second belongs to the famous American collector Bill Gross. In 1988, the brand was sold for $ 1.5 million.
Who has collected the largest stamp collection in history?
Philip Ferrari has collected the largest collection of stamps. He was called the King of Postage Stamps. He began collecting them at the age of 10, in 1859. After his death, the famous collection was sold in Paris and Zurich in 1921-1925. The proceeds from the sale amounted to over 23 million French francs. Today, the largest collection of postage stamps is held by the American Philatelic Society, which has a special museum. The total collection still cannot be definitively counted, as the exhibitions and temporary exhibitions of the society are constantly replenished.
Which brand is considered the most expensive in the world?
Postage stamp "Yellow Treskilling". Photo: public domain
"Yellow Treskilling" is considered one of the most expensive and rare brands in the world. This is the first stamp to be published and issued by the Swedish government back in 1855. During the production of the stamp, a mistake was made, from which the blue stamp turned yellow. There were only a few of these brands, so they became the rarest. The last quoted price was $ 4.6 million, but the brand was redeemed for $ 2.3 million. The brand's insurance is 15 million.
Which Russian brand is considered the most expensive?
One of the well-known variants of the image of the Tiflis stamp, which appeared in the Mikhel catalog in 1934. Photo: public domain
"Tiflis Unique" is considered the most expensive Russian brand. It was issued for the city post of Tiflis back in 1857. The stamp cost 6 kopecks. The stamp depicts the coat of arms of Tiflis, above which a two-headed eagle is located with lowered wings. The brand was in circulation for only about 10 years. By the beginning of the First World War, only three such stamps had been found. Agafon Faberge became their owner, then the Unics often changed their owners during auctions. At one of them, this brand was valued at 700 thousand dollars, the deal took place in 2008.
What non-standard brands are there?
Postage stamp "Blue Alexandria". Photo: public domain
Blue Alexandria was in restricted circulation in 1847. This round stamp cost 5 cents. Mark was found on a letter that a loving city dweller sent to his beloved. Discovered a unique item by their daughter 28 years later. In 1907, she was able to sell the rarity for $ 3,000 to a collector. Currently, there are seven known stamps in Alexandria, six of them are printed on yellow paper and only one on blue.
An unusual round stamp made from the same material as a soccer ball appeared in Austria in March 2008. The brand has a logo famous company Adidas. In total, about 490 thousand special stamps were issued with a par value of 3.75 euros.
Why is "Inverted Jenny" of particular interest to philatelists?
Inverted Jenny postage stamp. Photo: public domain
The “defective” brand “Inverted Jenny” is considered rare and expensive. This American brand was released with a marriage - an inverted image of the Curtis-Jenny airplane. Thanks to this, the block of four stamps became unique, and now its cost is about three million dollars.
Who makes the delicious stamps?
1960s in France, the so-called "tasty" brands were released, where lemon juice, mint, vanillin were added to the glue. And even a brand was released with the addition of pepper. And in 2013, a series of postage stamps went on sale in Belgium that depict chocolate in different types- from chocolate cream to praline. They give off the smell of a sweet treat, and if you lick them with reverse side then you can feel the chocolate flavor.
4. Expedited registration of trademarks
11. Other questions
12. Copyright
1. Basic terms and concepts
1.1 Please explain what is the difference between a trademark and a trademark.
Trademarks or trademarks, as the name suggests, are intended to distinguish the services of one trade company from those of another. However, in the legislation of the Russian Federation, the concept of a trademark or trademark is absent. This is due to the fact that the legislation of the Russian Federation uses more general concept- service mark - to designate services along with the concept of a trademark (to designate goods), and trade is only one of the types of various commercial services. In Art. Of the RF Code, as before in the RF Law "On Trademarks, Service Marks and Appellations of Origin of Goods", except for the name and article 1477, the words "service mark" are omitted, calling not only trademarks themselves, but also service marks as trademarks. Thus, the concepts of trademark and trademark (trademark) should be recognized as equivalent from the point of view of the law. In business, however, the concept of a trademark and a trademark is used quite often, which sometimes leads to misunderstandings when registering property rights.
1.2 What is a logo?
What is not called a logo! Some believe that a logo is a word written in a special font (rightly defining the origin of the term from the Greek logos - a word), others believe that logos are emblems - a kind of talking pictures, others call logos any designations (including combinations of words with an image) used by firms in the market. Apparently, everyone is right ... But in Intellectual Property law, the term "trademark" is used to denote goods and a service mark for services.
1.3 Slogan - what is it?
1.12 A non-profit organization (does not produce goods and does not provide services) wants to register its logo, will this logo be considered a trademark? And is it registered in a general manner, or is there specificity for non-profit organizations?
The logo, if registered with the Patent Office, will be registered as a trademark. If you do not produce goods and do not provide services, then you do not need to worry that someone else will register your mark in their own name. A trademark is registered for certain goods or services, and since this someone will register a mark only for specific goods or services, he will not be able to present you with claims for unauthorized use of the trademark, because You do not manufacture goods or provide services. It's another matter if you don't want someone else to use your designation for commercial purposes. In this case, it is advisable to register a logo for all 45 classes. The registration procedure in this case is no different.
1.13 Our company has a registered trademark. Can we register a few more marks?
Yes, of course, the number of characters for one owner is not limited. For instance, great amount marks registered confectionery factories(each type of candy is its own trademark). Each medicine is also a trademark.
1.14 If I am a private person and I have an IDEA that I want to patent, is there a chance to implement it and how to proceed?
If the idea concerns patentable objects of an invention, utility model, industrial design, then they can be registered on individual... A trademark can only be registered in the name of an entrepreneur or organization. It should be borne in mind that, according to Article 1350 of the Civil Code of the Russian Federation, are not inventions:
1. discoveries, as well as scientific theories and mathematical methods;
2.decisions concerning only appearance products and aimed at meeting aesthetic needs;
3. rules and methods of games, intellectual or economic activities;
4. programs for electronic computers;
5. solutions that consist only of information.
1.15 Can a public organization register its name as a trademark?
Yes, if the organization is registered as legal entity.
1.16 Please tell me, what is the difference between a graphic sign and a trademark? And if there is a difference between a logo and a graphic sign at all?
A graphic mark is a type of trademark, just like a logo. The words "logo" and "graphic mark" describe the type of mark, indicating, respectively, that the mark contains verbal elements or consists only of an image, while the concept "trademark" can describe any designation (including such exotic ones as light or sound), which is intended to distinguish goods and services of some manufacturers from similar goods and services of other manufacturers.
1.17 What are the prospects for registering a trademark written in the Latin alphabet, if this mark is already registered in the Cyrillic alphabet?
The probability of registering such a sign approaches zero, since in this case the signs are phonetically identical, or similar to the extent of confusion.
1.18 What is the cost of registering a trademark in St. Petersburg?
The cost of registering a mark for an enterprise located in St. Petersburg is no different from the cost of registration for an enterprise located in Moscow or Yuzhno-Sakhalinsk. To start the procedure and calculate payments, you need to fill out and send the form on our website.
1.19 What is a patent?
A patent is a title of protection that confirms the exclusive right of its owner to an object intellectual property: invention, utility model or industrial design.
2. Priority of registration. Preliminary check of trademarks
2.1 Is it possible to get priority on a trademark filed for registration by a competing company?
Yes, indeed, you can get a priority earlier than the filing date of your competitors, for this you need to fulfill a number of conditions:
1. Your trademark must be presented (on the product) on the official international exhibition
2. Information about the presentation of this trademark at the exhibition must be confirmed by the organizers of the exhibition.
3. From the moment of the exhibition, no more than 6 months should pass. You can also oppose the registration of their mark or challenge the registration procedure if you have the right to a similar FN or KO.
2.2 We would like to register a trademark using exhibition priority. If it turns out that someone will apply later than us, but will have an earlier date of exhibition priority, in whose favor in this case the question will be resolved positively?
Exhibition priority can only be obtained if no more than 6 months have passed since the presentation of the trademark at an international exhibition. If two companies claim the exhibition priority, it will be granted to the one whose participation date is earlier.
2.3 Am I obligated to check a trademark before registering?
There is, of course, no such obligation. However, we advise our clients to do this so as not to waste money. In addition, if the search results show that there is already a similar mark, you will receive free recommendations on how to change the mark so that it will be registered.
2.4 Please tell me where exactly you can check the name of the trademark (company).
The name of the company is verified against the register of legal entities. If you are interested in registering a name in the form of a trademark, then the check should be carried out in the database of registered and filed applications for registration of trademarks. It is better to contact specialists with this problem, since decoding the results obtained is a very difficult task.
2.5 Is it possible in any way to find out whether a particular trademark is registered or not, without resorting to the assistance of a patent attorney or some offices, at a stage when there is only an idea ...
Of course, a preliminary check can be carried out on the pirate base from the "market", but the quality of the check and the completeness of such a base leaves much to be desired. This database contains only about 50% of those signs that can be opposed to you. Common base registered trademarks of Rospatent, available on the Rospatent website, also has drawbacks related to the completeness and reliability of the information provided. In addition, even if you find identical or similar signs, it still does not mean anything. There are many nuances. If you did not find anything in the database, it may be that you misjudged the similarity of signs. It is much more correct to contact a specialist, and together with the search result, in case of a negative answer, you will receive recommendations for such a change in the mark, which will allow it to be registered.
2.6 If a “competing firm” has applied for a trademark registration a little earlier, will verification reveal this fact?
Yes, when checking a trademark for patent purity, information about the application number and the date of its filing is provided. If you are in doubt that a competitor has already applied, we will help you get priority on the same day you apply.
3. Trademark registration procedure
3.1 How much is the state duty?
The state duty for filing an application for registration of a trademark is determined as the amount of 14,200 rubles + 2,050 rubles multiplied by the number of classes minus one. The state duty for the issuance of a certificate and entry into the register of trademarks is 16,200 rubles. In addition, there is a huge number of different state duties, including those not related to intellectual property.
3.2 If there is an expedited trademark registration procedure, why isn't EVERYONE using this service?
4.6 When we have already submitted an application, and we already have a priority right, no one can get ahead of us?
The term "priority right" is not defined anywhere in the law. The submission of a correctly drawn up application guarantees you only an advantage at the examination stage over similar or similar applications that will be filed later. That is, according to the results of the examination, they will receive a refusal to register. But there are still trade names and commercial designations that may impede the registration of a mark in accordance with clause 6 of article 1252 of the Civil Code of the Russian Federation, if the right to them arises before the registration of your trademark.
5. Received a refusal to register a trademark
5.1 We have received a refusal to register a trademark. What to do?
First of all, the reasons for the refusal should be analyzed, and best of all with the help of a patent attorney. There are a number of possibilities to challenge the examination decision. Sometimes and in completely desperate situations, a fresh look from a specialist will help you find a way out. Send us a decision to refuse registration - we'll think about it.
5.2 If FIPS refuses to register a trademark, is the duty refunded or not?
The fee is not refundable as it is a trademark filing fee.
6. Tips for creating, registering and using trademarks
6.1 What is the best way to do it: register the company logo (combined) or try to register just the name, and substitute any picture, depending on the product?
Everything is determined by your desires. If you want to protect a name as a trademark, then the drawing (depending on the product) with which you will accompany your name must be non-patentable, otherwise collisions with registered trademarks cannot be ruled out. If you are interested that neither your rights were violated, nor you violate anyone's rights when using a combined sign, then it is better to register a combined mark. If there is a need to change the figurative part of the trademark for different groups goods, then I advise you to register separately the name and separately the various pictorial elements, since then you can use them separately or in different combinations, as well as to dispose of them separately (for example, to sell if they are not needed).
6.2 Our company has a combined logo (the pictorial part of which is registered, but the verbal part is not, since it was registered earlier). Question: we are entering the European market and want to register the Latin spelling of our logo, what steps should we take?
It is necessary to register a combined mark with a Latin spelling in Russia according to an accelerated procedure and, after receiving the certificate, immediately apply for international registration. At the same time, the Russian priority will remain. It will be faster and cheaper than registering in each individual country.
6.3 If the mark we want to register for food has already been registered for clothing by others, what should we do?
You should apply for registration as soon as possible, as nothing stands in the way of your registration. By law, a trademark is intended to distinguish goods and services from one manufacturer from similar goods or services from another manufacturer. In your case, the products are not homogeneous. However, this is not always so obvious. It is best to consult a specialist.
6.4 At what stage of registration of a trademark (in this case, the name of the store) can you hang a sign (advertise, etc.)? Have there ever been cases when, after 1.5 years of waiting, the applicant was denied ownership?
Registration of a trademark by standard procedure provides for obtaining a Certificate of Registration within 1.5-2 years. The submitted application is granted the so-called "priority right", which means that whoever submitted an application for registration with a similar mark for similar goods or services will be refused registration with reference to the fact that your - earlier - application exists. Of course, submitting an application does not guarantee receiving positive result... For this, preliminary search for patent clearance, as a result of which (in one or two weeks) it becomes clear what result will be obtained in 1.5 years. However, the owner of the mark, which may prohibit illegal use, license the use of the mark, sell the trademark, etc. You will be able to become only after receiving the Trademark Registration Certificate. Based on practice, approximately two-thirds of marks submitted without verification receive a full or partial refusal of registration. Authorities registering signs in Moscow are usually satisfied with the Notification of acceptance for consideration of application materials. In 2008, a new concept appeared in the law - a commercial designation. The right to CO is obtained in connection with the use and acquisition of prominence in a certain territory. In particular, a signboard can also be protected as a KO.
6.5 Can a company have a trademark with one name, and carry out documentation under a different name?
A firm can have any number of trademarks. For example, the signs of PepsiCola, Mirinda, etc. belong to one firm, not to mention candy factories or pharmaceutical firms, the number of signs which can number in the hundreds. In addition, the documentation allows the use of another means of individualization - a commercial designation.
6.6 Our company, which specializes in the printing of advertisements on plastic bags, wishes to register its name as a trademark. If the company logo is made artistically and is part of the legal name, and the full legal name is written in letters and documents, what should be registered?
The answer to this question largely depends on the name itself. But from general considerations, in the case of patentability of parts of a trade name, it is better to register a combined designation with a part of a trade name as part of the mark and the name of the company in the form of a verbal trademark.
6.7 Please tell me how to find out if there is a confusion similarity between our trademark and already registered marks, if part of the word of the trademark (already registered) and our mark, which is filed for registration, coincide (example: we have two words written together BEAUTYLINE, and these two words are found separately in the registered marks)? In this case, is there a degree of confusion? The classes of MKTU8 also coincide, will there be confusion in terms of homogeneous goods?
The question of determining confusing similarity is very complex and is determined by many factors, including general view characters and fonts used. In addition, experts have a rather subjective approach to this, and what one expert accepts "without looking", the other will also "hack to death" "without looking". The coincidence of classes does not mean that the goods are homogeneous, since dissimilar goods for which similar marks can be registered are included in one class. Thus, it is necessary to consider each specific case separately.
6.8 We have several legal entities that are engaged in woodworking (production of goods and provision of services). Can we register a trademark with the words "Tsentroples group of companies" "despite the fact that we will not register a legal entity? Is it legal to use the words "Group of Companies" in a trademark?
1. At present, ROSPATENT does not object to the inclusion of the words "Group of Companies" in the composition of the mark without providing self-protection, however, the question arises as to the advisability of including such words in the composition of the mark.
2. The issue of patentability of the word "CENTROPLES" requires a more detailed analysis.
3. If the mark will be used by several companies, then it is better to formalize the relationship between them in the form of licensing agreements, which must be registered with ROSPATENT. Contracts are invalid without registration.
6.9 We are developing a trademark. Initially, a name is created and agreed upon, then, after approval, it is developed graphic solution spelling the name. Would it be correct, in order not to take the name, first to register the phoneme, and then in the second stage - the grapheme, or is it necessary to register both the verbal and pictorial designation in one step at once? If it is possible to register separately, how appropriate is it and how will this affect the cost?
If the sign is combined, then, indeed, it is better to register separately the verbal part in the standard typeface and separately the figurative part of the sign, since when using it there may be a need for their separate use, and the figurative part may, for example, cease to suit you. The registration cost doubles, but later it may turn out to be more profitable. And yet, if you intend to develop only a special font solution, then additional registration such a sign seems inappropriate.
6.10 What are the classes for registering a slogan used in an advertising campaign? Could a slogan be a trademark, or is it something else?
6.11 Is it possible to register a trademark of a trade and procurement company and to what extent can it be used?
6.12 I am a cartoonist. What about the images of the heroes of my cartoons? Can someone steal the rights to my heroes from me?
The copyright for an image arises at the time of its creation. It is important to prove the moment of its creation in case of disputable situations in court. For example, if the image is published, then the proof will be the print number, so keep all your published works. If the work has not been published, then it can be deposited in RAO and receive a Certificate of this.
6.13 We want to protect ourselves from re-export since this scheme destroys market prices for products (-20% VAT), as well as, for example, from Polish counterfeits. Can we with the registered TK and located in the reg. industrial packaging please apply to There. committee on the ban on the import of products with our trademark?
For these purposes, there is a customs register, in which the relevant data on intellectual property objects are entered and which puts a barrier in the way of illegal goods. It should be borne in mind that only objects of copyright and already registered trademarks are taken into account. Industrial designs are not entered in the customs register, however, as objects of copyright, design works, which are the basis for the creation of these designs, can be entered into it.
6.14 Our company logo is red on a white background. Tell me, can we use negative in print (white logo on a red background)? Are there any laws on the use of negativity? Is the logo patented as positive and negative?
The Law on Trademarks allows the use of variants of the mark when confirming its use, however, foreign companies (and our largest ones) register all used variants of the mark, including negative ones, and using different colors... In our country, there is an opinion that registration only in black and white is enough, since a trademark of any color turns into black and white when photocopied. But, given the fact that progress makes color copies all the cheaper, and the fact that Western companies have much more experience in the judicial protection of trademarks, one should think about registering all used designations.
6.15. Is it possible to register a trademark in Cyrillic and Latin at the same time, are there such options in the newsletters? Or then, after registration, it can only be used in co-writing?
Such a trademark really needs to be used in its registered form, otherwise the mark may be canceled due to its non-use for three years, because it will be necessary to prove the use of the registered mark.
7. Trademarks on the Internet. Domain names
7.1 Is it possible to register the name of the site that belongs to us as a trademark?
It is not only possible, but also necessary, since The Civil Code of the Russian Federation, as earlier the Law of the Russian Federation "On Trademarks ...", recognizes its use as part of a domain name on the Internet as a violation of the rights of the owner of a trademark, and on the basis of a court decision, the domain name can be transferred to the owner of a registered trademark.
7.2 If you register a trademark, and then open a site of the same name, ie, for example, a registered product "Fanta" and a similar site name www.fanta.ru, then the latter does not need to be registered separately?
If you mean that you do not need to register the site as a separate trademark, then yes, it is not necessary, because the www and ru elements and dots are not distinguishable.
7.3 Does our organization, in the event of a trademark registration, have the prospect of obtaining a domain name in the Russian-language zone.ru, reserved by the registrar "for their own needs"?
I think not, because only the use of the mark is a violation of your rights, and if it is reserved, then, therefore, it is not used and cannot be taken away.
7.4 What are the prospects for registering a trademark in the form of "trademark.ru" if the "trademark" has already been registered by another organization?
The probability of registering such a trademark is zero, since.ru is an unprotected element and does not increase its distinctiveness in relation to an already registered mark. Such trademarks will be judged to be confusingly similar.
8. Registration of trademarks abroad. Foreign companies
8.1 How to register a trademark correctly if the copyright holder of the mark is a foreign company that is also the founder of a Russian company using this trademark?
If a mark is registered for Russia by a foreign company, you can add it to the statutory fund of the organization or register a license agreement for the right to use such a mark. If a foreigner owns a mark only in some foreign countries, then you need to hurry up with the registration of rights in Russia in the name of a foreign company or a Russian company, the founder of which she is.
8.2 A Russian company wants to register a trademark (mark) for use abroad. Is it obligatory to register a trademark (mark) in Russia?
If you register your trademark abroad through foreign patent attorneys, the procedure does not require registration of the mark in Russia. However, if you want to register a trademark in foreign countries without contacting foreign patent attorneys (who also have foreign prices for services), then you cannot do without registration in Russia - this is required by the Madrid Agreement. In addition, I would like to draw your attention to the fact that if you supply goods made in Russia abroad, you may be a violator of someone's rights in Russia if this someone registers your mark on himself (see article 1474 of the Civil Code of the Russian Federation) ...
8.3 Is it possible to register a trademark in Russia in the name of a foreign company that is not accredited in Russia?
Registration of a trademark does not require any accreditation in Russia by a foreign company. The only requirement for foreigners is the management of trademark registration through a patent attorney.
8.4 Is the cost of registering trademarks and industrial designs different for citizens of the Russian Federation and other countries?
The cost of services for the registration of trademarks and industrial designs for foreigners (including citizens and organizations from Belarus) in our collegium does not differ from the same cost for Russians (other patent attorneys often apply different rates in this case). The amount of fees is also the same.
8.5 We would like to authorize the use of our trademark by an organization registered in Mongolia. What kind of contract should we conclude, is its registration obligatory and what is the risk of not registering such an agreement?
You must enter into a licensing agreement to use the trademark. Such an agreement is considered invalid (and therefore all payments under it) without registering it with the Patent Office. The lack of registration threatens not to you, but to your partners, since they do not have such an agreement without legal basis to use the trademark. If you decide to transfer the right to use the mark in Mongolia, then you must have this right there.
8.6 Tell me, please, does the international registration of a trademark imply registration in each country separately, or is it possible to register in a whole group of states at once (under favorable conditions)?
International registration under the Madrid Agreement provides for the filing of one application for all countries of interest to you (today there are more than 80). The duty is payable for each country you choose. Usually this is an addition of 100 Swiss francs per country, but among the countries that have signed only the protocol, there are countries with special appetites.
9. Transfer of rights to use, buy, sell trademarks
9.1 I obtained the rights to a trademark under a commercial concession agreement. I heard that the contract needs to be registered. How to do it?
Yes, indeed, the transfer of the trademark is carried out only after state registration an agreement on the transfer of a mark to the Patent Office. Without registration, this agreement is considered null and void. I will, of course, help you.
9.2 Our company was interested in the information (some registered TK). A question arises with legal support: how are the trademark assignment agreement and the license agreement different?
The difference between the contracts is that according to the first, the owner of the mark changes, and according to the second, the owner remains the same, and only the right to use the mark is granted with certain reservations, which depend on the type of the license agreement and other circumstances. Under the first agreement, the arisen right can be challenged only in court, and under the second, the right to use can be revoked if the terms of the agreement are not fulfilled or at the request of the parties.
9.3 How can you estimate the real value of a trademark offered for sale? Are there any specific evaluation criteria?
There are several methods for assessing the value of a trademark, but all of them are rarely used in practice. Usually, when selling a trademark, the price is determined by mutual agreement of the parties. Obviously, the cost of a trademark cannot be less than the cost of registration "from scratch", although anything can happen.
9.4 If I register a trademark as an individual entrepreneur, will it (trademark) remain with me if the individual entrepreneur closes, and I am one of the founders of the LLC, or will it be necessary to register the trademark at the LLC again?
Before suspending your activity as an individual entrepreneur, you should transfer the mark to any organization or another individual entrepreneur, because in accordance with article 1478, only an entrepreneur or a legal entity has the right to a trademark. By registering a trademark while acting as an individual entrepreneur (in accordance with Article 1478), after the termination of registration, you will lose the right to it. In addition, there is a rule in the law on the need to use the mark in relation to the types of activities and goods specified in the trademark certificate. Otherwise, the mark can be canceled at the request of any interested person, filed with the court. For the purpose of preserving the right to the mark, it should be transferred to the LLC, of which you became the founder, or not to terminate your registration as an individual entrepreneur, taking into account the requirement to use the mark.
9.5 Explain, please, when joining a legal entity. persons to another legal entity does the person necessarily have the succession of the right to a trademark?
No, this does not happen automatically. You should make changes to the registration of the trademark, the basis for which may be an agreement or other documents indicating the transfer of rights or succession.
9.6 What is the difference between a concession and a license agreement and is there a difference in the execution of the agreement?
The concession agreement provides, along with the transfer of a trademark, the transfer of a set of other rights, for example, to organize production. Both the license agreement and the concession agreement must be registered with the Patent Office and without such registration are invalid.
10. Examples of registered / unregistered trademarks
10.1 Is it possible to register a trademark consisting of one word "PHOTO"?
No, such a mark cannot be registered, since for photographic goods and photo services it will speak of the purpose of a product or service, and for other goods and services it will mislead consumers. Imagine: you have this name registered. Everyone else can no longer use it. Photography is dying. A word can be registered as part of a combined mark, if it does not occupy a dominant position in it, as an unprotected element.
10.2 Is the Jack Pot trademark a well-known trademark?
"Jack Pot" rather special term in game lotteries than well-known mark... But this question can be answered precisely only by a check for patent purity, which will show whether the mark is registered in Russia.
10.3 I do not quite understand whether it is possible to register a trademark such as "Samara Garden", "Moscow Chocolate", etc.?
"Samara Garden" is probably possible, but only for a Samara firm, and "Moscow Chocolate" only as an unguarded element in a combined trademark and only for a Moscow firm, since indicates the place and type of activity. Another thing, say, "Moscow joke" - this mark can be registered, but only in the name of a Moscow company. Accordingly, "Samara Polyanitsa", etc. - only for the Samara company.
10.4 Is it possible to register a trademark in the form of one word simultaneously in Russian and English, while also taking into account the spelling of this word (font, color, etc.)? For example: "Coca-Cola" and "Coca-Cola" plus a graphic representation of a Latin (or Russian) inscription.
Yes, you can. It is possible to register, under certain conditions, a label as a trademark. You just need to remember that you will need to use the mark in a registered form.
10.5 I work in Kursk, I want to make products - plastic products called "LENPLAST". Is it possible?
Yes, if such a mark has not already been registered, although an attempt by the Patent Office to challenge this is possible if such a word exists in the dictionary of abbreviated names.
10.6 Can the Computer World trademark be registered? After all, the word "computers" indicates the type of product.
You can register such a mark only as part of a combined mark as an unprotected element, if the verbal part does not occupy a dominant position in it. However, it should not be applied without conducting preliminary check since earlier the requirements for verification were less stringent and such a mark could already be registered. You can become completely protected from the encroachments of other persons by registering these words as part of a combined mark without providing independent protection of the verbal part, which I advise you to do.
10.7 Our company produces frozen convenience foods and wants to register the "Delicious Food" trademark. Is it possible?
Such a sign does not have an independent distinctiveness, since it indicates the quality of the goods offered. These words can be registered as part of a combined trademark if they do not occupy a dominant position in it, and, of course, without providing them with independent protection.
10.8 We would like to register a trademark containing a graphic element and two words. One of the words "Russia". The name of the legal entity of our company does not contain the word "Russia". Can I do this?
Such a mark can be registered, the mark does not have to contain a company name (for example, the FANTA mark belongs to the Coca-Cola company), but you will need permission from a competent authority, for example, the heraldic commission under the president, government or the Duma to use the word "Russia" as part of the mark ... I want to note that no such requirements have been established for CR, and this means of individualization can be used.
10.9 Is it possible to register a trademark in color and black-and-white images and with the same letter designation for use in two versions, depending on the field of application?
Marks are registered for specific goods or services. Registration in color automatically protects you from violations by those using the same black and white designation, since such signs will be similar. And vice versa. In your case, you need to register two characters for different fields of application.
10.10 Can an enterprise use a name of a media outlet (mass media) already patented as the name of a television channel, but not registered as a name of a media outlet, and would it be a violation if the media outlet is already registered, and later it turns out that such a name is patented?
Registration of a trademark gives its owner the exclusive right to use or prohibit the use of this mark by others in relation to similar services or goods. Thus, the registration of a media outlet, carried out in violation of the rights of the owner of the registered trademark, must be canceled, because violates his rights.
11. Other questions
11.1 We want to buy a trademark. What help can you provide in resolving this issue?
If you have already decided on the mark that you want to buy, and if you have received the consent of the owner of the mark, then we will help you draw up a set of documents necessary for registering the assignment of a mark or license, submit it to the Patent Office, and handle the registration of an agreement. If you have chosen a trademark from the signs for sale presented on the page, then we will pass your proposal on to the seller and also help with paperwork. We offer sellers of trademarks to use the same page to post information about the trademarks sold.
11.2 What percentage does the author receive for the introduction into production of his invention?
There is no statutory percentage, it is determined by an agreement on the transfer of rights to an invention.
11.3 An international trademark registration mark (Latin letter "R" in a circle) is shown at http://www.artlebedev.ru/studio/ and it says "Artemy Lebedev" - a trademark registered in Russia and other countries. Question: does this not contradict the law of the Russian Federation "on trademarks" and the amendments made to this law dated December 11, 2002, 166-FZ, article 6, paragraphs 1 and 3? This letter is also on your site. How to treat this? As well as the RF LAW ON COPYRIGHT AND RELATED RIGHTS dated July 9, 1993 N 5351-1 (as amended by the Federal Law of 19.07.95 N 110-FZ) Article 36. 4. The producer of the phonogram and the performer have the right to use the sign of protection of related rights, which is placed on each copy of a phonogram and (or) on each case containing it and consists of three elements: latin letter"R" in a circle; does this not contradict "public interest and moral principles"?
V in this case the letter R, obviously, means that the phrase ARTEMIY LEBEDEV is registered as a trademark. Our website contains an image stylized as an international protection mark for intellectual property objects (and not the mark itself). But please pay attention:
1.The circle is not completed, which symbolizes the process of registering a trademark or other intellectual property object, carried out with our help.
2. a special font is used, which is similar to international mark Internet addressing @, which symbolizes the close connection between intellectual property and the Internet, where you found our site.
In these two cases, no contradiction arises, since the signs are used lawfully. This is confirmed by Rospatent, which registered our trademark.
11.4 Is it possible to show trademarks of other companies in an advertising video of one company (of course, indicating the owners of these marks)?
It is possible, under certain conditions. The use of trademarks should not harm the owners of the marks, including the image ones, otherwise there may be legal claims from the owners. It is best to get a letter of consent from the owner of the trademark before launching the video, or even before its creation. Maybe they will even take part in its formation.
12. Copyright
12.1 If I, as a physical. a person who is the AUTHOR of a graphic image, drawing, slogan (phrase), then can someone register my work as a TRADEMARK without my consent?
Of course, such a registration of the created by you graphic image or drawing is a violation of your personal rights of the author. If your work is already widely known, the Patent Office will require you to submit documents confirming your consent to such registration, otherwise you will need to prove in court that it is your image that was used and demand a fair remuneration or the cancellation of the mark. In relation to a slogan, copyright is usually not applicable, since it is rather difficult to call a slogan a work, and copyright regulates relations arising in connection with the creation and use of works of science, literature and art.
Since territories with own brands, has become more, the volume of the annual issue of postage stamps has increased... Therefore, no one can collect all the stamps of the world, as it was fashionable to do before the Second World War.
A surprising number of philatelists still maintain worldwide collections, but the criteria that guide them have changed over the years. For example, instead of subscribing to the mailing list of all new issues of the British Commonwealth, some of them limit their interests to used stamps from their own correspondence. This is not at all a manifestation of a narrow outlook, as it might seem: after all, it is interesting which brands are actively used.
Other collectors specialize in stamps from related states. Interestingly, Irish stamps were once not popular with the British, partly for political reasons, but mainly because of their strange script (monastic uncial) and Gaelic inscriptions. However, in last years Irish stamps are printed in English and have won the interest of collectors who now regard the British Isles as a compact group large enough for a philatelist to have something to do.
Currently, collectors around the world tend to collect stamps from their country and its immediate neighbors. So, American philatelists add to their collections stamps from Canada, the UN and the former trust territories - the Marshall Islands, Micronesia and Palau. Italians focus on the numerous editions of San Marino and the Vatican, while the French specialize in stamps from Andorra and Morocco and perhaps their country's few remaining overseas colonies - Pacific, Caribbean and Antarctic.
Collecting according to such natural groups of countries often facilitates or even encourages the marketing policy of philatelic bureaus, which currently work with stamps from neighboring countries, not limited to domestic ones. Under a bilateral agreement between the People's Republic of China and Hong Kong, Taiwan and Macau, these "Special Administrative Regions" postage stamps can be bought in China, and they have Chinese ones. So, ordering stamps from a French group is no more difficult than just French ones. For this, the same order form is used. Alternatively, you can buy them online.
