22 Apr 220.127.116.11) and (18.104.22.168) of this clause may be
22.214.171.124) and (126.96.36.199) of this clause may be
The parties will develop cooperation inthe field of certification of scientific and scientific -highly qualified teachersthrough:
creating an equivalent environment for the protectiondissertations by state applicants from one ofParties to dissertation defense councilsstates of other Parties on the basis of a requestcertification bodies of the state of the Party, inwhich the dissertation research was carried out;
timely informing about changes innational government systemscertification of scientific and scientific – pedagogicalhighly qualified workers;
exchange of relevant regulations andother materials on the certification of theseframes.
The parties will provide each otherregulations governing rulesregistration and issuance of educational documents,academic degrees and titles, samples and descriptionsof these documents, as well as send tonecessary cases appropriateofficial clarifications.
The parties will resolve controversial issues,application and interpretationof this Agreement through consultation andnegotiations.
This Agreement does not cancel orimposes restrictions on other agreements,acting between the Parties, and does not interferethe conclusion between them of new Agreements indevelopment of this Agreement.
This Agreement does not limit each ofParties to the recognition and establishmentequivalence of educational documents,issued in the territory of the other Party and notsubject to this Agreement.
The parties will coordinate their actions onmultilateral international forums,conferences and meetings dedicated to generalrecognition and establishmentequivalence of educational documents,academic degrees and titles.
This Agreement shall enter into force on the datereceipt by the Integration Committee of the fourthnotifications on the implementation by the Parties of the necessarydomestic procedures.
This Agreement is valid for fiveyears and is automatically renewed for subsequentfive-year terms.
This Agreement is open toaccession of other states subject toconsent of the Parties.
Each of the Parties has the right to withdraw fromof this Agreement, in writingnotifying the Integration Committee about it.
This Agreement is terminatedin respect of that Party after sixmonths from the date of receipt by the IntegrationBy the committee of such notification.
Done in Moscow on November 24, 1998 in oneoriginal copy in Russian. Authentica copy is kept in the Integration Committee,which will send to each Signatory Partythis Agreement, its certified copy.
For the GovernmentThe Republic of BelarusS.S.LING
For the GovernmentRepublic of KazakhstanN.U.BALGIMBAEV
For the GovernmentThe Kyrgyz RepublicJ. I. IBRAIMOV
For the GovernmentRussian FederationE.M. PRIMAKOV
RUSSIAN PATENT AGENCY ANDTRADEMARKS
dated March 5, 2003 N 32
ON THE RULES OF DRAFTING, SUBMISSION AND CONSIDERATIONAPPLICATIONS FOR REGISTRATION OF A TRADEMARK AND MARKSERVICE
In order to bring the content of regulatorylegal acts of Rospatent in accordance withFederal Law of December 11, 2002 N 166-FZ”” On amendments and additions to the LawRussian Federation of September 23, 1992 N 3520″” About trademarks, service marks andappellations of origin “andalso in order to further improvegranting legal protection to trademarksand order signs of service:
1. To approve the attached Drafting Rules,filing and considering an application for registrationtrademark and service mark.
2. To consider invalid the Rulesdrawing up, filing and considering an application forregistration of a trademark and markservices approved by the Order of RospatentNovember 29, 1995 (registration number of the Ministry of JusticeRussia N 989 dated December 8, 1995), as amended,approved by the Order of Rospatent dated December 191997 N 212 (registration number of the Ministry of Justice of Russia1453 dated January 15, 1998).
General directorA.D. KORCHAGIN
RULES FOR DRAFTING, SUBMISSION AND CONSIDERATIONAPPLICATIONS FOR REGISTRATION OF A TRADEMARK AND MARKSERVICE
These Rules for the preparation, submission andconsideration of an application for registration of a commodityservice mark and mark (hereinafter referred to as the Rules)issued in accordance with article43 of the Law of the Russian Federation of September 23, 1992year N 3520-1 “” On trademarks, marksservice and appellations of origingoods “” (with changes and additions)(hereinafter referred to as the Law).
Chapter I. DRAFTING AND SUBMISSION OF AN APPLICATION FORREGISTRATION OF A TRADEMARK AND MARKSERVICE
1. Submitting an application for registrationtrademark and service mark
1. The right to apply for registrationtrademark and service mark (hereinafter -application) and registration of the trademark and markservice (hereinafter – the trademark) inaccordance with paragraph 3Article 2 and paragraph 1 of Article8 of the Law is owned by a legal entity orcarrying out entrepreneurialactivity of an individual (hereinafter – the applicant).
Application and documents attached to itsubmitted to the federal authorityexecutive on intellectualproperty directly or directedby mail. Application and documents attached to itcan be submitted by fax followed bysubmission of their originals in compliancethe requirements of clause 5.6 of these Rules.
Application and documents attached to itsubmitted by the applicant directly orthrough a patent attorney,registered with the federal authorityexecutive on intellectualproperty.
Foreign legal entities or permanentliving outside the Russian Federationindividuals or their patent attorneysconduct business related to the registration of a commoditymark, through patent attorneys,registered with the federal authorityexecutive on intellectualproperty, unless otherwise establishedinternational treaty of the Russian Federation.
2. Application for registration of a commoditysign
2.1. Trademark and service mark (hereinafter -trademark) – designations used forindividualization of goods, work performed orservices provided (hereinafter referred to as goods) of legalor individuals.
2.2. In accordance with paragraph1 article 5 of the Law as trademarksverbal can be registered,pictorial, volumetric and other designationsor combinations thereof.
Verbal designations include wordscombinations of letters that have a verbal character,phrases, sentences, other unitslanguage, as well as their combinations.
The pictorial designations includeimages of living beings, objects, naturaland other objects, as well as figures of any shape,compositions of lines, spots, figures on a plane.
Three-dimensional designations include three-dimensionalobjects, shapes and combinations of lines, shapes.
Combined designations includecombinations of elements of different types,pictorial, verbal, volumetric, etc.
To other designations provided for in paragraph 1 of Article 5 of the Law,include, for example, sound, light and otherdesignations.
A trademark can be registered inany color or color combination.
2.3. Registration astrademarks of the designations specified in paragraph 1 of Article 6 of the Law, andexactly:
2.3.1. designations that do not have a distinctiveability.
To designations that do not have a distinctiveability may include, in particular:
– designations that are separateletters, numbers that do not have a characteristicgraphic design, letter combinations, nothaving a verbal character; lines, simplegeometric shapes, as well as their combinations, are notforming compositions that give a qualitatively differentlevel of perception other than perceptionindividual elements included in them;
– realistic or schematic imagesgoods declared for registration astrademarks to designate these goods;
– three-dimensional objects, the shape of which is dueexclusively functional purpose;
– common names representingthemselves, as a rule, simple indications of goods,declared for the designation of these goods:common abbreviationsorganizations, enterprises, industries and theirabbreviations;
2.3.2. designations consisting only of elements:
(188.8.131.52) commonly used fordesignation of goods of a certain type.
This designation means designation,used for a specific product that isas a result of its long-term use forthe same product or product of the same typevarious manufacturers has become an indicationa specific type of product;
(184.108.40.206) which are generally accepted symbols andterms.
Generally accepted symbols are usuallysymbols symbolizing the branch of the economyor the area of activity to which they relatethe goods contained in the list of goods forof which registration of a commodity is requestedsign; scientific conventionsand technology.
Common terms include lexicalunits specific to specific areasscience and technology;
(220.127.116.11) characterizing goods, includingindicating their type, quality, quantity,property, purpose, value, as well as time,place, method of production or marketing.
Such designations include, in particular,simple names of goods; designationsproduct quality categories; specifying propertiesgoods (including those of a laudatory nature);indication of the material or composition of raw materials; directionsweight, volume, prices of goods; production datesgoods; creation history dataproduction; specific names of enterprises;addresses of manufacturers of goods and intermediariesfirms; designations consisting in part orentirely from place names thatcan be taken as indications of a placefinding the manufacturer of the goods;
(18.104.22.168) representing the generally accepted formgoods, which is determined solely ormainly by the property, purpose of the goodsor its appearance.
Elements specified in subparagraphs (22.214.171.124), (126.96.36.199),(188.8.131.52) and (184.108.40.206) of this clause may beincluded as unprotected items in the commoditysign, if they do not occupy a dominantprovisions.
The provisions provided for in subparagraphs (220.127.116.11),(18.104.22.168), (22.214.171.124) and (126.96.36.199) of this clause, notapply to designations thatacquired distinctiveness inas a result of their use for specificgoods.
Proof of acquisition by designationdistinctiveness appearsby the applicant. To such evidence, in particular,includes information about the duration of usenotation, about the intensity of its useetc.
2.4. In accordance with paragraph2 article 6 of the Law by virtue of internationalagreement of the Russian Federation is not allowedregistration as trademarksdesignations consisting only of elements,representing state emblems,flags and other state emblems,abbreviated or full namesinternational intergovernmentalorganizations, their coats of arms, flags and other emblems,official control, warranty andassay marks, seals, awards and other signsdifferences, or similar to them to the point of confusiondesignations.
Such elements can be included asunprotected elements into a trademark if onit is the consent of the respectivecompetent authority.
2.5. Registration astrademarks or their designation elements,representing or containing elementsreferred to in paragraph 3 of Article 6Law, namely:
(2.5.1) which are false or capable of introducing intomisleading the consumer about the product orits manufacturer.
Such designations include, in particular,designations that generate in the mind of the consumeran idea of a certain quality of goods,its manufacturer or place of origin,which is not true.
The designation is recognized as false or misleadingmisleading if false or misleadingdelusion is at least one of hiselements;
(2.5.2) contrary to the public interest,principles of humanity and morality.
Such designations include, in particular,words and images of obscene content,inhuman calls that offendhuman dignity, religious feelings,words whose spelling breaks the rulesspelling of the Russian language, etc.
2.6. In accordance with paragraph4 of Article 6 of the Law, registration inas a trademark designation,identical or similar to the point of confusion withofficial names and imagesespecially valuable objects of cultural heritagepeoples of the Russian Federation or objectsworld cultural or natural heritage,as well as with images of cultural property,stored in collections, collections and funds, ifsuch registration is requested in the name of persons notwho are their owners (owners) and notwith the consent of the owners or persons,authorized by the owners, onregistration of such designations astrade marks.
2.7. In accordance with paragraph5 article 6 of the Law by virtue of internationalagreement of the Russian Federation is not allowedregistration in the Russian Federation astrademark designations representingitself or containing elements thatprotected in one of the participating Statesthe specified international treaty asdesignations identifying wines or spiritsdrinks as originating from its territory(produced within the boundaries of the geographicobject of this state) and having a specialquality, reputation or other characteristics,which are mainly determined by theirorigin, if the trademark is intendedto denote wines or spirits, notoriginating from the territory of thisgeographic object.
2.8. Cannot be registered astrademarks designations specified in paragraph 1 of Article 7 of the Law,identical or confusingly similar to:
(2.8.1) trademarks of others claimed byfor registration (if applications for them are not withdrawn) inin relation to similar goods and having moreearly priority;
(2.8.2) others’ trademarks protectedin the Russian Federation, includingcompliance with an international treatyOf the Russian Federation, in relation to homogeneousgoods and having an earlier priority;
(2.8.3) trademarks of others recognizedin the manner prescribed by law, well-knownin the Russian Federation by trademarks inin relation to similar goods. Legal protectiona well-known trademark is grantedbased on the decision of the Chamber for Patent Disputesin accordance with paragraph 1article 19.1 of the Law.
Registration as a trademark inin relation to similar goods designations,confusingly similar to a trademark,specified in subparagraphs (2.8.1), (2.8.2) or (2.8.3)of these Rules is allowed only with the consentcopyright holder.
2.9. In accordance with paragraph2 of Article 7 of the Law cannot beregistered as trademarks inwith respect to any product designation,identical or confusingly similar toappellations of origin of goods,protected in accordance with the Law, forexcept if these designationsincluded as unprotected items in the commoditymarks registered in the name of persons entitled touse of such names.