1. Exclusive rights to the results of intellectual activity and means of individualization are valid for a certain period, except for cases provided for by this Code.

2. The duration of the exclusive right to a result of intellectual activity or a means of individualization, the procedure for calculating this period, the grounds and procedure for its extension, as well as the grounds and procedure for terminating the exclusive right before the expiration of the period are established by this Code.

Commentary to Art. 1230 Civil Code of the Russian Federation

1. In contrast to the personal non-property rights of authors, the exclusive right of its owner is valid for a period specified by law, except for some cases expressly provided for by the Civil Code of the Russian Federation, in particular the exclusive right to a company name (clause 2 of Article 1475), appellations of origin of goods, well-known trademarks (clause 2 of Article 1508), trade secrets (know-how) (Article 1467), commercial designations (clause 2 of Article 1540).

The urgent nature of the exclusive right applies to both the results of intellectual activity and means of individualization:

Thus, the exclusive right to works of science, literature and art in accordance with the Civil Code of the Russian Federation is valid throughout the life of the author and 70 years after the death of the author (Article 1281);

the exclusive right to perform is valid throughout the life of the performer, but not less than 50 years (Article 1318);

The exclusive right to a phonogram is valid for 50 years (Article 1327), for communication on the air or via cable of radio or television programs (broadcasting of on-air or cable broadcasting organizations) - for 50 years (Article 1331), for databases - in for 15 years (Article 1335);

The publisher's exclusive right in relation to a work is valid for 25 years (Article 1340);

the validity period of the exclusive right to an invention is 20 years, for a utility model - 10 years, for an industrial design - 15 years (Article 1363), for a selection achievement - 30 years and 35 years depending on the type of object (Article 1424), for topology - 10 years (Article 1457), for a trademark - 10 years (Article 1491);

The validity period of the certificate of exclusive right to the appellation of origin of goods is 10 years (Article 1531).

Personal non-property rights to the results of intellectual activity are protected indefinitely.

2. International treaties for participating countries establish minimum terms of validity of the exclusive right to certain objects, in particular, the term of copyright protection is determined by the Berne Convention of 1886, as amended on October 2, 1979, and is 50 years after the death of the author. According to the 1961 Rome Convention, the minimum term of protection for performances is 20 years, starting from the end of the year in which the performance was recorded or the performance took place - for performances not included in phonograms, and in the WIPO Performances and Phonograms Treaty of 1996. The period of protection for performances is determined to be 50 years from the end of the year in which the performance was recorded on a phonogram.

———————————
Berne Convention for the Protection of Literary and Artistic Works. Adopted in Bern on September 9, 1886. Russia acceded to the Convention on the basis of Decree of the Government of the Russian Federation of November 3, 1994 N 1224 (Collection of Legislation of the Russian Federation. 1994. N 29. Art. 3046).

International Convention for the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations. Adopted in Rome on October 26, 1961. Russia acceded to the Convention on the basis of Decree of the Government of the Russian Federation of December 20, 2002 N 908 (Collection of Legislation of the Russian Federation. 2002. N 52 (part 2). Art. 5217).

WIPO Performances and Phonograms Treaty. Adopted in Geneva on December 20, 1996. The Russian Federation is not a party to this Treaty.

In the international community, as well as in the Russian Federation, there is a tendency to increase the duration of exclusive rights. Thus, the European Union Commission proposes, following the experience of the United States, to extend the term of copyright for performers from 50 to 95 years, given that musicians who began their activities at the age of 20 or earlier cannot count on receiving performing royalties in old age, which are often are their only source of income. According to paragraph 1 of Art. 1318 of the Civil Code of the Russian Federation, the exclusive right to performance in the Russian Federation is valid throughout the life of the performer, but for at least 50 years counting from January 1 of the year following the year in which the performance was performed, or the performance was recorded, or the performance was broadcast or broadcast.

3. Limiting the validity period of the exclusive right to the results of intellectual activity and means of individualization is important when involving rights to them in civil circulation, primarily when concluding agreements on the disposal of exclusive rights. Thus, when concluding an agreement on the alienation of an exclusive right, the validity period of the exclusive right, if it can be determined, must be indicated when describing the subject of the agreement. In a license agreement, the period for which the right of use is granted must not exceed the period of validity of the exclusive right.

4. The rules of Chapter 4 apply to the procedure for calculating deadlines in the absence of special norms of Part Four of the Civil Code of the Russian Federation. 11 of the Code.

1. A legal entity has the exclusive right to use its company name as a means of individualization in any way that does not contradict the law (exclusive right to a company name), including by indicating it on signs, forms, invoices and other documentation, in announcements and advertising, on goods or their packaging, on the Internet.

Abbreviated company names, as well as company names in the languages ​​of the peoples of the Russian Federation and foreign languages, are protected by the exclusive right to a company name, subject to their inclusion in the unified state register of legal entities.

2. Disposal of the exclusive right to a company name (including by alienating it or granting another person the right to use the company name) is not permitted.

3. It is not permitted for a legal entity to use a company name that is identical to the company name of another legal entity or confusingly similar to it if these legal entities carry out similar activities and the company name of the second legal entity was included in the unified state register of legal entities earlier than the company name the first legal entity.

4. A legal entity that has violated the rules of paragraph 3 of this article, at the request of the copyright holder, is obliged, at its own discretion, to stop using a company name that is identical to the company name of the copyright holder or confusingly similar to it in relation to types of activities similar to the types of activities carried out by the copyright holder, or change its company name, and is also obliged to compensate the copyright holder for losses caused.

Commentary to Art. 1474 Civil Code of the Russian Federation

1. The commented article establishes the specifics of the content and protection of the exclusive right to a company name, as well as the prohibition on the disposal of this right.

The specifics of the exclusive right to a company name are as follows:

- the exclusive right consists of a legally enforceable opportunity to use a company name in any way that does not contradict the law, in particular by indicating it on signs, forms, invoices and other documentation, in announcements and advertising, on goods or their packaging. This list of methods is not exhaustive. The use of a company name or its elements is possible as part of a commercial designation or trademark (see commentary to Article 1476 of the Civil Code);

— an exclusive right arises from the moment of state registration of a commercial organization and terminates from the moment information is entered into the Unified State Register on the termination of a legal entity;

— the exclusive right extends not only to the company name as a whole, but also to abbreviated company names, as well as to company names in the languages ​​of the peoples of the Russian Federation and foreign languages, subject to their inclusion in the Unified State Register of Legal Entities;

— the exclusive right to a company name is not negotiable (until January 1, 2008, the company name was the subject of a commercial concession agreement).

2. Paragraph 3 of the commented article provides for the following legal structure of violation of the exclusive right to a company name:

- use by a legal entity of a company name that is identical to the company name of another legal entity or confusingly similar to it. In the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 13, 2007 N 122 “Review of the practice of consideration by arbitration courts of cases related to the application of legislation on intellectual property”, the attention of the courts was drawn to the fact that a company name is not subject to special registration, regardless of the registration of a legal entity , and it is also noted that by virtue of clause 11 of the Regulations on the company, approved by the Decree of the Central Executive Committee of the USSR and the Council of People's Commissars of the USSR dated June 22, 1927, which was in force until January 1, 2008, insofar as it does not contradict the Civil Code of the Russian Federation, it is unlawful for third parties to use not only identical, but also similar brand name (clause 16);

— the specified legal entities carry out similar activities;

— the trade name of the second legal entity was included in the Unified State Register of Legal Entities earlier than the trade name of the first legal entity. The exclusive right to a company name has a legal entity that was included in the Unified State Register of Legal Entities earlier than another, regardless of which legal entity began the corresponding activity earlier.

3. The requirements provided for in paragraph 4 of the commented article to stop using a company name that is identical to the company name of the copyright holder or confusingly similar to it in relation to types of activities similar to the types of activities carried out by the copyright holder, and to compensate the copyright holder for damages caused, can only be claimed by the copyright holder. The body carrying out state registration of legal entities, on the basis of clause 5 of Art. 1473 of the Civil Code of the Russian Federation provides the right to bring to court only a claim for compulsion to change the company name and only if the company name of the legal entity does not meet the requirements of clauses 3 or 4 of this article. Other persons have the right to demand from a legal entity to stop violating the provisions of § 1 Ch. 76 of the Civil Code of the Russian Federation is not provided by the Code (clause 60 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 of March 26, 2009).

Chapter 26. Exclusive rights to means of individualization of goods

And their manufacturers

§ 1. Exclusive right to a company name. – . – . – § 4. Exclusive right to commercial designation.

§ 1. Exclusive right to a company name

1. The concept of a brand name

A trade name (company) is a designation used

taken to individualize a commercial organization in circulation . The presence of such a designation is of great importance both for the commercial organization itself and for its counterparties. The company primarily reflects the “image” of the corresponding company. The better the services it provides or the goods it produces, the higher its importance as a participant in a certain field of activity, the higher the importance of the firm of a given legal entity. But there is also the opposite effect: the more recognizable and familiar a company becomes to potential counterparties and consumers, the greater the sales volumes of goods produced by the company or services it provides.

Therefore, many companies invest heavily in “promoting” their own company, as well as other means of individualization, realizing that unfamiliar goods (works, services) of an unfamiliar commercial organization will have difficulty promoting to the market. This also predetermines the desire of unscrupulous participants in civil relations to use someone else’s and well-known means of individualization when selling their products. Therefore, a company name requires special legal protection.

Historically, a company was understood as a means of individualization of both a participant in entrepreneurial activity (merchant, trader) and an enterprise (business) belonging to such a participant1. A company is the trade name of a merchant, under which he conducts his trading enterprise and makes transactions relating to this enterprise2. Currently, the means of individualizing an entrepreneur and the means of individualizing his enterprise differ as brand name And commercial designation. For example, the limited liability company “Chain of shoe stores “Puss in Boots”” is a corporate name, and a shoe store with the name “Puss in Boots” is a commercial designation.

Consequently, the company individualizes the subject of civil relations - a commercial organization, and the commercial designation individualizes the corresponding enterprise (trade, industrial, etc.), i.e. the object of civil rights. Therefore, the company is inalienable, while the commercial designation passes from one owner to another upon alienation of the enterprise3.

A company name differs from other means of individualization: trademarks, service marks, collective marks, appellations of origin of goods, which have the task identification of goods, works or services, and not participants in turnover. At the same time, the corporate name of a legal entity may coincide or be similar to its trademark. For example, the limited liability company “Group of Companies “Around the World”” owns the right to the trademark “Around the World”. This situation is quite common, but it does not affect the protection of the trade name, which is subject to protection regardless of the protection of the trademark.

Sometimes a sign is also distinguished, which is understood as a means of individualization place of implementation relevant activities. Unlike a business name, which defines who carries out an activity, a sign defines where that activity is carried out. “The main purpose of a sign is to distinguish one room (with an establishment) from another and at the same time express readiness

1 See: Tsitovich P.P. Essay on the basic concepts of trade law. M., 2001. P. 95; Shershenevich G.F. Course of commercial law (series “Classics of Russian civil law”). T. 1. M., 2003. P. 188.

2 See: Danilova E.N. Company and name of the enterprise. Pg., 1915. P. 38.

3 For more information about the commercial designation and the exclusive right to it, see § 4 of this chapter.

Chapter 26. Means of individualization

expedient, since otherwise consumers may be misled.

The reorganization of a commercial organization may lead to a change in the company name. Thus, the transformation is inevitably associated with a change in the company name, at least in terms of the organizational and legal form.

A change in the company name may also entail a change in participants. For example, Ivanov’s exit from the general partnership “Ivanov, Petrov and Sidorov” requires a change in the corporate name of such a general partnership.

Finally, a change of corporate name may be associated with the expediency of changing the organization’s image on the market (so-called rebranding). For example, Vneshtorgbank not long ago changed its name to a new one - “VTB-Bank”.

At the same time, these cases of changing a company name are exceptional in nature, are associated with certain (sometimes quite significant) costs and therefore do not refute, but rather confirm the principle of the constancy of the company name1.

The brand name consists of two parts: indications of the organizational and legal form of commercial organization and the actual names legal entity.

The organizational and legal form must be specified in strict accordance with the law: general partnership, production cooperative. When specifying a joint stock company, its type must be indicated: open or closed. The corporate name of a state unitary enterprise indicates the affiliation of this enterprise with the Russian Federation or a constituent entity of the Russian Federation (for example, a federal state unitary enterprise).

The firm may include an indication of the relevant type of activity that the organization carries out. Sometimes the law obliges the founders to include an appropriate indication of the type of activity being carried out in the company name. This is due to the exceptional nature of the activities carried out by the relevant commercial organizations. For example, in accordance with paragraph 1 of Art. 2 of the Law on Investment Funds company name

1 It is noteworthy that in business circles the words “rebrand” are often perceived as synonymous with the words “drink poison.”

The name of a joint-stock investment fund must contain the words “joint-stock investment fund” or “investment fund”;

V in accordance with Part 3 of Art. 7 of the Law on Banks and Banking Activities, the corporate name of a credit organization must contain an indication of the nature of its activities by using the words “bank” or “non-bank credit organization”.

The relevant field of activity may also determine the legal requirements for the company name. In accordance with paragraphs 3 and 4 of Art. 3 of the Law on Agricultural Cooperation, the brand name of an agricultural production cooperative, depending on the type of such cooperative, must include the words “agricultural artel” or “collective farm”, or “fishing artel” or “fishing collective farm”, or “co-op farm”.

WITH on the other hand, clause 4 of Art. 1473 of the Civil Code provides for certain restrictions on the use of certain words and phrases

V brand name. Thus, it cannot include:

Full or abbreviated official names of foreign

states, as well as words derived from such names;

Full or abbreviated official names of federal authorities - national government bodies, government bodies of constituent entities of the Russian Federation and local government bodies;

Full or abbreviated names of international and interregional - government organizations;

Full or abbreviated names of public associations;

Designations that are contrary to the public interest, as well as

principles of humanity and morality.

Inclusion in the corporate name of a legal entity of the official name “Russian Federation” or “Russia”, as well as words derived from this name, is permitted with a permit issued in the manner established by the Government of the Russian Federation. At present, the procedure provided for by Decree of the Government of the Russian Federation of December 8, 2005 No. 743 “On measures to organize the adoption by the Government of the Russian Federation of decisions provided for by Resolution of the Supreme Council of the Russian Federation of February 14, 1992 No. 2355-1”1 is still in effect.

Paragraph 3 of this resolution establishes that organizations, in order to obtain consent to use the corresponding

1 SZ RF. 2005. No. 51. Art. 5531.

Chapter 26. Means of individualization

existing words and phrases send an application for such consent, constituent documents and other necessary documents

V Ministry of Justice of the Russian Federation for consideration by a specially formed commission. The commission is obliged to consider the application in 30 days from the date of receipt of documents by the Ministry of Justice of the Russian Federation.

If the commission supports the organization’s appeal, the Ministry of Justice of the Russian Federation submits to the Government of the Russian Federation a draft order of the Government of the Russian Federation on giving consent to the use of the relevant words and phrases in the name of the organization. If the commission decides negatively on the issue, the Ministry of Justice of the Russian Federation informs the applicant about this.

The company name can be full or abbreviated. A commercial organization must have a full name in Russian, and foreign language borrowings must be indicated

V Russian transcription (clause 3 of Article 1473 of the Civil Code). Brand names (both full and abbreviated) in other languages ​​of the peoples of the Russian Federation, as well as in foreign languages, may also be contained in the constituent documents of legal entities 1 .

Registration of a business name is carried out simultaneously with the registration of a legal entity and is included in the unified state register of legal entities. The registration authority does not have the right to refuse to register a legal entity if its business name does not comply with the requirements of the law. But, having registered a legal entity, the registering authority in accordance with paragraph 5 of Art. 1473 of the Civil Code has the right to bring a claim against such a legal entity to compel it to change its corporate name.

4. The concept of exclusive right to a company name

The right to a company name as an exclusive right means the ability to use one’s company name throughout the entire territory of the Russian Federation (Clause 1 of Article 1475 of the Civil Code) without any prohibition

in a legal manner.

1 The presence of a full and abbreviated company name, as well as a name in several languages, does not mean that an organization can have several company names. The organization has only one corporate name. It’s just that the law allows for various variations of such a name or a kind of “execution” of such a designation (full or abbreviated, in Russian and English), which expands the opportunities for a legal entity to use the company it owns. That is why these variations of a brand name must be identical to each other, ensuring their interchangeability.

§ 1. Exclusive right to a company name

However, granting such a legal monopoly in relation to all types of activities would be an unjustified infringement of the interests of other participants in property circulation. Therefore, the law does not allow a legal entity to use a company name that is identical to the company name of another legal entity (or confusingly similar to it), only if these legal entities carry out similar activities. Consequently, the brand names of commercial organizations with different main activities may be identical (or confusingly similar), for example, the names of a restaurant and a store (shopping center). Therefore, on the one hand, the principle of exclusivity is not violated, and on the other, counterparties of such organizations and consumers cannot be misled, since we are talking about participants in different product markets.

Having an exclusive right to a company name means not only the impossibility of using a similar (or confusingly similar) company name, but also certain restrictions on other means of individualization, identical or similar to the company name entered in the state register. So, in accordance with paragraph 8 of Art. 1483 of the Civil Code in relation to homogeneous goods, designations that are identical or confusingly similar to a brand name protected in the Russian Federation (or individual elements of such a name) cannot be registered as trademarks.

At the same time, the copyright holder himself has the right to use the company name or its individual elements in a trademark or service mark that belongs to him, and in this case he has problems two different exclusive rights: the right to a company and the right to a trademark. This means that the protection of the company is independent from the protection of the trademark. The copyright holder in such a situation can dispose of the right to a trademark that belongs to him (including through its alienation), while retaining the right to the company. However, when alienating the right to a trademark, the copyright holder

must take over obligation to refrain from competition

with the acquirer of the right to a trademark in the area of ​​its use. Otherwise, the copyright holder could use its brand name on the relevant goods or in the provision of relevant services, which in turn could be considered as unfair competition, violating antitrust laws.

Chapter 26. Means of individualization

Similar rules are established for the relationship between rights to a company name and rights to a commercial designation (clause 1 of Article 1476, clause 2 of Article 1539 of the Civil Code).

The exclusive right to a company name arises in a commercial organization from the moment of its state registration as a legal entity.

5. Content and exercise of the exclusive right to a company name

First of all, the brand name is used to instructions on forms and in various kinds of documents: contracts, acts, accounts, statements, specifications, invoices, sales and cash receipts, etc. A business name may be used on signage that serves to indicate the location of a business. However, signs can also use means of individualization (trademarks, commercial designations). The brand name is used on exhibitions and fairs. The use of a company at such events can be carried out in a variety of ways (signposts, pavilion design, banners, booklets, the same signs). An organization may indicate its corporate name on the products it produces and their packaging.

When used, the company must be indicated exactly as it is reflected in the constituent documents and the state register, completely and without distortion. This is necessary to ensure that the designation corresponds to the registered company name.

For certain types of use (on signs, on goods and their packaging), the designation may be perceived as a trademark or commercial designation. Therefore, it is important that the content of the designation indicates that we are talking about a company name.

For a commercial organization, a company is the same as a last name, first name, and patronymic for a citizen. The possibility of transferring the use of a company along with the copyright holder to another person (user) would mean that the company has lost its individualizing meaning and the principle of exclusivity of the company name is violated. Therefore, it is impossible to recognize the legal system

§ 2. Exclusive right to a trademark (service mark)

lu for agreements on the assignment of company names, since in this case a commercial organization does not simply dispose of its right to a company: it cannot exist without having a company name. Therefore, disposal of the exclusive right to a company name (including by alienating it or granting another person the right to use the company name) is not allowed.

Termination of exclusive right to a company name is possible upon termination of a legal entity or when changing the company name. Termination of the exclusive right to a company occurs at the moment of making the corresponding entry in the unified state register of legal entities.

The copyright holder independently carries out protection of your exclusive right to a company name, for example, by filing a claim for damages and/or termination of the use of a company name that is identical to the company name of the copyright holder or confusingly similar to it, in relation to activities similar to those carried out by the copyright holder.

He also has the right to use for these purposes administrative procedures. Such a petition can be filed in the case where an organization has changed its main type of activity, as a result of which two legal entities with an identical or confusingly similar company name have appeared in the same field of activity.

§ 2. Exclusive right to a trademark (service mark)

1. The concept of a trademark (service mark) and its principles civil protection

Trademarks are designations used to individualize goods. Service marks are signs that serve to individualize the work and services performed1.

1 Since the legal regime of trademarks and service marks is the same, in what follows we will only talk about trademarks, meaning both trademarks themselves and service marks.

Chapter 26. Means of individualization

The most important feature of any designation used as a trademark is its distinctiveness. The presence of distinctiveness means that the product in respect of which the trademark is used can be distinguished from other products of the corresponding category. A word or image through which a product becomes recognizable may be recognized as a trademark. If the designation does not have distinctiveness (for example, just a black color in a frame), then it does not serve as a trademark and cannot be registered as such.

However, the presence of distinctiveness is a kind of factual condition. Along with this there are principles of legal protection, non-compliance with which entails the impossibility of registering the designation as a trademark.

These include truth principle. According to it, trademarks are designations that must not be false or capable of misleading the consumer regarding the product or its manufacturer. Designations that do not comply with this principle cannot receive legal protection.

Another principle for providing legal protection is

the principle of respect for public interests, humanity and morality

(Subclause 2, Clause 3, Article 1483 of the Civil Code). Therefore, for example, offensive words and expressions, images of violence, as well as other similar designations cannot receive legal protection as trademarks.

The next one is the principle of observing generally accepted and official symbols , signs and other designations. According to this principle, a designation cannot be granted legal protection if it consists only of the following elements:

Being generally accepted symbols and terms;   representing state emblems, flags and other

- state symbols and signs;

Representing abbreviated or full names

international and intergovernmental organizations, their coats of arms, flags, other symbols and signs;

Representing official control, guarantee or

Being official names and images

especially valuable objects of cultural heritage of the peoples of the Russian Federation or objects of world cultural or natural heritage.

§ 2. Exclusive right to a trademark (service mark)

Since trademarks are used in the process of carrying out business and other economic activities carried out on an ongoing basis, the owner of the exclusive right to a trademark may be a legal entity, including a non-profit organization, or an individual entrepreneur (Article 1478 of the Civil Code).

2. Types of trademarks

IN The following designations stand out: types of trademarks:

1. Word trademarks, which have the greatest distinctive ability; they can be perceived both auditorily and visually, which makes them most accessible to consumers. Verbal trademarks can consist of either individual words or a combination of words that can form slogans and slogans. However, words that have come into general use to designate goods of a certain type cannot be used as trademarks. For example, you cannot register the word “soap” in relation to detergents, since it will not individualize the product among other products of the same category.

2. Figurative trademarks designed for visual perception. They can be very diverse, including those made in the form of a certain abstraction or stylization.

3. Volumetric trademarks are trademarks that are made in three dimensions. They, as a rule, act as a specific symbol or have the form of a product.

4. Sound trademarks designed for auditory perception. They may complement verbal or figurative trademarks.

5. Recently they have become widespread olfactory trademarks. Thus, in Europe, “the smell of freshly cut grass” for tennis balls and “the smell of raspberries” for motor oil were registered as trademarks1.

1 Felitsyna S.B., Zhuravleva V.V.. Sweet aroma of a trademark // Patents and licenses. 2004. No. 5. At the same time, the national patent offices of Great Britain and Germany refused to register the trademarks of “the smell, aroma and essence of cinnamon” and “a fruity smell reminiscent of the smell of cinnamon,” and the EU office refused registration flavor trademarks. The reason was the lack of clear distinctiveness in such signs and the impossibility of presenting them in graphic form (in the form of letters, lines, images). See: Melnikov V.M. Are olfactory and taste trademarks protectable? // Patents and licenses. 2006. No. 4. pp. 36–39.

Chapter 26. Means of individualization

6. Combined trademarks, which consist of visual, verbal, volumetric and other elements that form a single trademark. For example, a word combined with a specific image constitutes a combination trademark.

Trademarks can also be divided depending on classes of goods and services to which they apply. These classes are established in accordance with the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks of June 15, 19571

The meaning of classes is that the use of the same designation or designations that are similar to the point of confusion in different fields of activity, as a general rule, does not violate the rights of the persons using them. Therefore, trademarks are divided into appropriate classes based on the division of activities. Each person can apply to register a trademark in one or more classes. At the same time, a mark designating a product (service) of one class can be registered and used to designate goods (services) of another class (for which it was not registered) without the consent of the copyright holder (for example, a trademark registered for sweets and other confectionery products). products, can be registered by another person without the consent of the copyright holder of this mark for the individualization of children's clothing)2.

Depending on their popularity, trademarks can be divided into well-known and non-well-known. In order for the right to a well-known trademark to arise, it is not necessary to go through the registration procedure. In accordance with paragraph 1 of Art. 1509 of the Civil Code, legal protection is granted to a well-known trademark on the basis of a decision of Rospatent.

To recognize a trademark as well-known, it is necessary that the designation, as a result of intensive use, becomes widely known in the Russian Federation among relevant consumers in relation to the applicant’s goods (Clause 1 of Article 1508 of the Civil Code). Despite the fact that this provision is formulated as a single condition for recognizing a mark as well-known, we can talk about two interrelated

1 Collection of existing treaties, agreements and conventions concluded with foreign states. M., 1989. Issue. XLII.

2 In practice, a person sometimes registers simultaneously with the trademark he needs and a number of similar trademarks in the same class. This is done not so much for the sake of their use, but to prevent the possibility of their registration by other persons. Such signs are usually called “protective”.

§ 2. Exclusive right to a trademark (service mark)

given conditions: intensive use and associated wide popularity among consumers.

Recognition of a trademark as well-known expands the boundaries of legal protection of this designation. Such a trademark is protected indefinitely. In addition, the protection of a well-known trademark extends beyond the class of relevant goods for which it is recognized as well-known. Legal protection of a well-known trademark also extends to goods of other classes (non-uniform goods), if the use of this trademark by another person in relation to these goods will be associated among consumers with the owner of the exclusive right to the well-known trademark and may infringe on the legitimate interests of such owner.

It is also customary to highlight collective trademark, applied to goods produced or sold by persons who are members of the association being created. It is the association that registers the collective trademark. Such associations in the Russian Federation may include associations (unions), which are associations of legal entities. At the same time, the concept of “association of persons” does not exclude the possibility of registration of a collective trademark by other associations (for example, a non-profit partnership). As noted in the literature1, the prototypes of collective signs can be considered guild signs that existed in the Middle Ages and were used by associations of artisans.

Collective marks can be applied to those goods that are produced or sold by persons belonging to a given association and have uniform quality characteristics or other common characteristics. Other common characteristics occur when goods differ in quality characteristics, but have common type characteristics. For example, dairy products may differ in fat content and production method, but as they form a certain species unity (sour cream, cottage cheese) they can be produced under a collective sign.

Although a collective mark can be used by any of the persons belonging to the association, the association itself is not granted the right to use the collective mark.

1 See: Dozortsev V.A. The concept of exclusive right // Problems of modern civil law. M., 2000. pp. 294–295.

§ 2. Exclusive right to a trademark (service mark)

At the same time, a trademark performs this function not from the moment of its state registration, but from the moment when in the minds of consumers this trademark begins to reflect certain qualitative characteristics of the corresponding product (work, service).

Like the exclusive right to the results of intellectual activity, the exclusive right to a trademark consists of the possibility of using it in any way that does not contradict the law. The Code establishes only an approximate list of well-known methods of using trademarks (clause 2 of Article 1484 of the Civil Code).

The exclusive right to a trademark allows the copyright holder not only to use the designation that belongs to him, but also to prohibit the use of such designation by third parties. The rights holder's ability to prohibit use is broader than his ability to use the trademark. If the copyright holder can only use the designation that has been registered by him, then he can prohibit the use of both the mark he has registered and any other designation that is confusingly similar to the mark he has registered.

The scope of use of a trademark depends on the number of goods and their classes in respect of which the trademark is registered. At the same time, the exclusive right to a trademark has sufficient “flexibility”, allowing the copyright holder to change the specified scope at his own discretion. You can, for example, register a trademark under a new class or renounce the exclusive right to a trademark in relation to some goods (or assign it by concluding an agreement) and retain the right to a trademark in relation to other goods, etc.

The type of trademark also affects the volume of use. Thus, a collective mark can be applied not to all goods of the corresponding class, but only to those that have common characteristics declared during registration of the collective mark.

The right to a collective mark also has the peculiarity that it cannot be alienated and cannot be the subject of a licensing agreement. In addition, the right to a collective mark, unlike the right to other trademarks, is not a strictly absolute right, since different persons have an equal right to use a trademark.

Chapter 26. Means of individualization

The use of a trademark is divided into real and nominal. Real use a trademark occurs when it is used on goods (their labels, packaging), when offering goods, when performing work and providing services. Rated Use is not directly related to goods, works, services, but to activities accompanying their production or sale (for example, use on signs, forms, at exhibitions and fairs, etc.). Such use allows you to expand the scope of application of the trademark and ensures recognition of the fact of its use even in the absence of actual use of the trademark.

The latter is especially important in connection with the possibility of termination of the right to a trademark due to its non-use. The exclusive right to a trademark is the right not to the result of creativity, but to a designation, which is sometimes very popular. Therefore, non-use of a trademark by the copyright holder for a long period of time creates a “dog in the manger” situation: the copyright holder himself does not use the trademark, but also does not allow others to use it. This situation does not correspond to the general principles of regulation of property relations.

In this regard, legal protection of a trademark may be terminated early in relation to all goods or part of goods for the individualization of which the trademark is registered, due to its non-use continuously for any three years after its state registration. An application for early termination of the legal protection of a trademark due to its non-use can be submitted by an interested person to the Chamber of Patent Disputes after the specified three years, provided that the trademark was not used until the filing of such an application (clause 1 of Article 1486 of the Civil Code).

The exclusive right to a trademark has urgent nature and is valid for 10 years from the date of filing an application for state registration of a trademark with Rospatent. Extension of the validity period of the exclusive right is carried out on the basis of an application from the copyright holder submitted during the last year of validity of the right.

The copyright holder may use trademark protection sign, which is placed next to the trademark, consists of the Latin letter “R” or the Latin letter “R” in a circle or the verbal designation “trademark” or “registered trademark”.

§ 2. Exclusive right to a trademark (service mark)

5. Registration of an exclusive right to a trademark

Legal protection of a trademark and the emergence of an exclusive right to it are associated with state registration trademark, which is carried out by the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent).

The procedure for state registration of a trademark includes the following stages:

Filing an application for state registration of a trademark;  

examination of the application;  

entering trademark data into the State Register of Products -

trademarks and issuance of a certificate for a trademark; Publication of information on state registration of a trademark. Trademark application must be complete and individual. From the point of view of completeness, a trademark application must include all the necessary materials: an application for state registration of the designation as a trademark, the applied for designation and its description, as well as a list of goods in respect of which state registration of a trademark is requested (clause 3 of Article 1422 of the Civil Code ). From point of view

individuality

The application is submitted for one trademark. From the date of filing the application, it becomes public, i.e. Any person can review the application materials. In addition, based on the date of filing the application, the priority of the trademark is established, from the date of which the applicant has the right to priority registration of the trademark, as well as the right to protect the designation applied for registration.. Convention priority is a priority established by the date of filing the first application for registration of a trademark in one of the member states of the Paris Convention for the Protection of Industrial Property, provided that the application for state registration of a trademark in the Russian Federation is filed with Rospatent within six months from the date submission of the said first application. Since the application materials become public from the moment they are submitted to the registration authority, this rule allows the copyright holder to be protected from the situation when, in relation to the designation he is applying for registration, another person files an application for registration of an identical or confusingly similar designation in another state party to the Paris Agreement. convention.

Chapter 26. Means of individualization

A situation is also possible in which a designation is presented to the public as a means of individualizing a certain product (work, service), but an application for state registration of such a designation as a trademark has not yet been filed. In this case, the priority of a trademark placed on exhibits of official or officially recognized international exhibitions organized on the territory of one of the member states of the Paris Convention may be established by the date of the start of public display of the exhibit at the exhibition ( exhibition priority), if the trademark application is filed with Rospatent within six months from the specified date.

If the designation was subsequently registered on the basis of a submitted application as a trademark, protection for this mark is granted not from the date of state registration of the trademark, but

from the priority date.

IN In relation to an application for a trademark, two examinations are carried out sequentially: a formal examination and an examination of the designation declared as a trademark.Formal examination means checking the availability of the necessary application documents and is carried out within a month from the date of submission of the application. Examination of the claimed designation means checking the submitted designation from the point of view of the absence of grounds for refusing state registration of the designation and establishing the priority of the trademark. If the declared designation complies with the requirements of Art. 1477 and paragraphs 1–7 of Art. 1483 of the Civil Code, Rospatent must make a decision on state registration of a trademark.

Based on the decision on the state registration of a trademark, within a month from the date of receipt of the document on payment of the fee for the state registration of the trademark and for the issuance of a certificate for it, Rospatent shall carry out state registration trademark in the State Register of Trademarks and within a month from the date of state registration, a trademark certificate is issued. Information on state registration of a trademark is immediately published by Rospatent in the official bulletin.

6. International trademark registration

Obtaining legal protection of a trademark is also possible by implementing it international registration based on Madrid

§ 2. Exclusive right to a trademark (service mark)

1891 Treaty Concerning the International Registration of Marks1 A person who has registered a trademark in a country of origin that is a party to the Madrid Agreement may obtain international registration of his trademark, i.e. legal protection in all countries party to this agreement by filing an appropriate application.

The application is submitted through the trademark office of the country of origin to the International Bureau of WIPO (Geneva), which certifies that the data provided in the application corresponds to the data of the national register. In Russia, such an agency is Rospatent.

The International Bureau immediately upon receipt of the application registers the corresponding trademark. Date of registration the date of filing of the application for international registration in the country of origin is considered, provided that the international bureau received the application within two months from the date of this filing.

A trademark in each country party to the Madrid Agreement is given the same protection as if it had been declared there directly.

The Protocol to the Madrid Agreement of June 28, 19892 establishes the possibility of filing an application for international registration of a trademark not only on the basis of its registration in a national office, but also on the basis of filing an application for national registration in such an office. In this case, the national office must provide confirmation that the materials of the national application correspond to the materials of the international application.

7. Termination of the exclusive right to a trademark

The grounds for termination of the right to a trademark are divided into several groups.

1. General grounds for termination of the right to a trademark, which include: expiration of its validity; refusal by the copyright holder of the right to a trademark; termination of the copyright holder - a legal entity or termination of the entrepreneurial activity of an individual entrepreneur.

1 WIPO Publication No. 204(R). Geneva: World Intellectual Property Organization. 1998.

2 Ibid.

Chapter 26. Means of individualization

2. Breaking the rules providing legal protection to a trademark provided for by the Civil Code or the Paris Convention for the Protection of Industrial Property of 1883 (providing legal protection to generally accepted symbols and terms, official seals, awards; designations identical or confusingly similar to trademarks having earlier priority, names places of origin of goods, etc.).

3. The actions of the right holder related to the registration of a trademark are recognized as an abuse of right orunfair competition(for example, in the case of registering a trademark for a newspaper that has already been registered as a mass media and has been published for several years).

4. Failure of the copyright holder to comply with the terms of usetrademark (non-use of a trademark for three years; use of a collective mark on goods that do not have uniform characteristics of their quality or other common characteristics).

5. Change of legal regime registered trademark (when the trademark has become a designation that has come into general use as a designation of goods of a certain type).

§ 3. Exclusive right to the appellation of origin of goods

1. The concept of appellation of origin of goods

The appellation of origin of a product to which legal protection is granted is understood as a designation that represents or contains a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical feature, as well as the designation derivative of this name and which became known as a result of its use in relation to a product, the special properties of which are exclusively or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical object (clause 1 of Article 1516 of the Civil Code). Consequently, the appellation of origin of a product, in contrast to a trademark, individualizes not so much the manufacturer as the corresponding place in which

the product is produced.

§ 3. Exclusive right to the appellation of origin of the goods

No. 152-FZ “On the names of geographical objects”1 geographical objects are “existing or existing relatively stable integral formations of the Earth characterized by a certain location: continents, oceans, seas, bays, straits, islands, mountains, rivers, lakes, glaciers, deserts and other natural objects; republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts; cities and other settlements, districts, townships, railway stations, seaports, airports and similar objects.”

IN clause 2 art. 7 of the said law states that the name assigned to a geographical object must reflect the most characteristic features of the geographical object, the area in which this object is located, or the characteristics of the life and activities of the population of the corresponding territory, consist of no more than three words, and naturally fit into an already existing system of names of geographical objects.

A geographical object is usually associated with traditional production, which has become widely known due to the special properties of the product. Such properties must be established, permanent, arisen and established long before the application is submitted by the manufacturer of the product. The special properties of a product are formed over a long period of time, when natural conditions and (or) human factors can fully manifest themselves. Designations that accompany goods that have special properties inherent in the territory of an entire country include, for example, “Brazilian coffee.” However, most often such names are associated with a smaller territory contained within one region or even locality.

Natural conditions include climatic conditions, soil characteristics, and other natural features that affect the growing conditions of plants and trees used for the production of goods; the presence of special natural objects or objects with special properties (in particular, various water bodies - sources, springs, etc.); features of mineral rocks, etc.

Human factors, unlike natural ones, are associated with many years of formation of special professional skills and traditions

1 SZ RF. 1997. No. 51. art. 5718.

Chapter 26. Means of individualization

processing of material and creation of goods, special techniques of painting, embossing, often passed on from generation to generation (for example, Fedoskino, Kubachi).

The stability of the appellation of origin of a product associated with natural conditions is predetermined primarily by the exhaustion of the relevant conditions (complete depletion of the rock, drying out of the source), and the stability associated with human factors primarily depends on the preservation and continuation of traditions and technologies created by the masters of a given place . In certain situations, the special properties of goods are determined by the simultaneous action of natural conditions and human factors. But in both cases, their exhaustion leads to termination of protection appellation of origin of the goods.

Termination of protection is also possible in the case when the appellation of origin of the goods becomes species designation(Cologne water cologne, Tambov ham). The same fact serves as a basis for refusing to provide legal protection to the appellation of origin of a product. A designation, although it represents or contains the name of a geographical object, but is included in the Russian Federation, is not recognized as an appellation of origin of goods. for general use as a designation of a product of a certain type, not related to the place of its production (clause 2 of Article 1516 of the Civil Code).

Operates on the territory of the Russian Federation exclusive right of use appellation of origin of the goods registered by Rospatent; it also applies in cases provided for by an international treaty of the Russian Federation. In other words, the appellation of origin of a product is recognized and protected either by virtue of its state registration(Clause 1 of Article 1518 of the Civil Code), or in cases provided for by international treaties.

State registration as an appellation of origin of goods of the name of a geographical object that is located is also allowed. in a foreign country, provided that the name of this object is protected as such a name in the country of origin of the goods. The owner of the exclusive right to use the name of the specified place of origin of a product can only be a person whose right to use such a name is protected in the country of origin of the product (for example, “cognac”, “champagne”).

§ 3. Exclusive right to the appellation of origin of goods

The exclusive right to use the appellation of origin of goods in relation to the same name may be granted to any person who is within the boundaries of the same geographical entity produces goods, possessing the same special properties (paragraph 2, paragraph 2, article 1518 of the Civil Code). In other words, a person claiming the exclusive right to use an already registered appellation of origin must produce a product that has the same special properties within the same geographical area, and most importantly, it must be the manufacturer of this product.

2. Registration of the exclusive right to the appellation of origin of goods

An application for state registration of an appellation of origin of goods and for the grant of an exclusive right to such an appellation, as well as an application for the grant of an exclusive right to a previously registered appellation of origin

arrival of the goods (application for the name of the place of origin of the goods ) are submitted to Rospatent.

An application that can only be submitted in relation to one name place of origin of the goods must contain:

Application for state registration of place name - the origin of the goods and the granting of an exclusive right to such a name or only the granting of an exclusive right to a previously registered name of the place of origin of the goods;

Declared designation;  

indication of the goods in respect of which state approval is sought

registration and granting of an exclusive right (or only granting of an exclusive right); Indication of the place of origin (production) of the goods (geo boundaries

- graphic object); Description of the special properties of the product, from which it is clearly necessary

- there must be a mandatory, objective dependence of the special properties of the product on the natural conditions and (or) human factors characteristic of a given geographical object.

Chapter 26. Means of individualization

If the geographical object, the name of which is declared as the appellation of origin of the goods, is located on the territory of the Russian Federation, the application is accompanied by a conclusion of the body authorized by the Government of the Russian Federation that in the geographical area

In the context of a given geographical object, the applicant produces a product whose special properties are solely or mainly determined by natural conditions and (or) human factors characteristic of a given geographical object. If such a geographical object is located outside the Russian Federation, the application is accompanied by a document confirming the applicant’s right to the declared appellation of origin of the goods in the country of origin of the goods (clause 5 of Article 1522 of the Civil Code)., carried out by Rospatent, includes a formal examination and examination of the designation declared as the appellation of origin of the goods (declared designation).

Formal examination An application for an appellation of origin of a product, during which the availability of the necessary application documents is checked, as well as their compliance with the established requirements, is carried out within two months from the date of its submission to Rospatent. In case of a positive result, it is carried out

examination of the declared designation for its compliance with the requirements of Art. 1516 of the Civil Code, during which the validity of indicating the place of origin (production) of goods on the territory of the Russian Federation is also checked. In the case of consideration of an application for the grant of an exclusive right to a previously registered appellation of origin of a product, an examination of the applied designation is carried out for its compliance with the requirements of paragraph. 2 clause 5 art. 1522 Civil Code.

Based on the results of the examination of the applied designation, Rospatent makes a decision on state registration appellation of origin of the goods and granting an exclusive right for such a name or refusal to do so. State registration of the appellation of origin of goods is carried out by Rospatent making a corresponding entry in the State Register of Names. Certificate

Chapter 26. Means of individualization

The Internet, including the domain name and other means - addressing dogs.

At the same time, the use of a registered appellation of origin of goods by persons who do not have the appropriate certificate is prohibited, even if the original place of origin of the goods is indicated, or the name is used in translation or in combination with words such as “genus”, “type”, “imitation” etc., as well as the use of a similar designation that can mislead consumers regarding the place of origin and special properties of the product ( illegal use appellation of origin of the goods). Products, labels, packaging of goods on which appellations of origin of goods or confusingly similar designations are illegally used are considered counterfeit.

Thus, a closed joint-stock company appealed to the arbitration court with a statement to recognize as illegal the actions of the Republican Center for Standardization, Metrology and Certification in refusing to approve the technical conditions for the “Valley of Narzans” mineral water and for the center’s obligation to accept for approval the technical conditions for the “Valley of Narzans” mineral water " The arbitration court satisfied the claims, finding that the company’s use of the trade designation “Valley of Narzans” does not violate the current legislation and anyone’s rights, since it is not registered either as a trademark or as an appellation of origin of the goods. However, the cassation court rightfully overturned this decision, since the name “Narzan Valley” is confusingly similar to the name of the place of origin of the product, mineral water “Narzan”, and is capable of misleading the consumer regarding the special properties and place of origin of the product, the right to use which the plaintiff does not have .

Disposal of the exclusive right to the appellation of origin of a product, including by alienating it or granting another person the right to use this name,

not allowed.

The holder of a certificate of exclusive right to the appellation of origin of a product may mark the product to notify about his exclusive right, i.e. place next to the appellation of origin of the goods a protection mark in the form of the verbal designation “registered appellation of origin” or “registered appellation of origin”, indicating that

§ 3. Exclusive right to the appellation of origin of goods

that the designation used is the appellation of origin of the goods, registered in the Russian Federation.

4. Termination of the exclusive right to the appellation of origin of goods

Legal protection of the appellation of origin of goods is terminated in the event of the disappearance of conditions characteristic of a given geographical object and the impossibility of producing goods with special properties specified in the State Register of Appellations in relation to this appellation of origin of goods, or in the event of loss by a foreign legal entity, a foreign citizen or a person without citizenship rights to a given appellation of origin of goods in the country of origin of the goods.

The validity of the certificate of exclusive right to the appellation of origin of goods is terminated in the following cases:

Loss of goods produced by the certificate holder, special

properties specified in the State Register of Appellations in relation to a given appellation of origin of the goods;

Termination of legal protection of appellations of origin

goods for the same reasons;

Liquidation of a legal entity or termination of a business - personal activities of individual entrepreneurs – certificate holders;

Expiration of the certificate;  

submission by the certificate holder of the corresponding application to the

federal executive body for intellectual property (clause 2 of article 1536 of the Civil Code).

If the conditions characteristic of a given geographical object disappear and it is impossible to produce a product with special properties, or if the product loses these properties, any person may submit to Rospatent an application to terminate the legal protection of the appellation of origin of the product and the validity of the certificate of exclusive right to such name. Legal protection of the appellation of origin of a product and the validity of the certificate of exclusive right to such a name are terminated based on a decision of Rospatent. In addition, the provision of legal protection to the appellation of origin of goods can be challenged and

declared invalid

Exclusive rights are valid for a certain period established by the Code.

The validity period of the exclusive right to perform is in Art. 1318 – The exclusive right to a performance is valid throughout the life of the performer, but not less than fifty years, counting from January 1 of the year following the year in which the performance was performed, or the recording of the performance, or the communication of the performance on the air or by cable.

to the phonogram - in Art. 1327, The exclusive right to a phonogram is valid for fifty years, counting from January 1 of the year following the year in which the recording was made. If a phonogram is made public, the exclusive right is valid for fifty years, counting from January 1 of the year following the year in which it was made public, provided that the phonogram was made public within fifty years after the recording was made.

The validity period of the exclusive right of the database manufacturer is in Art. 1335, The exclusive right of the database manufacturer arises at the moment of completion of its creation and is valid for fifteen years, counting from January 1 of the year following the year of its creation. The exclusive right of the manufacturer of a database published during the specified period is valid for fifteen years, counting from January 1 of the year following the year of its publication.

publisher for the work - in Art. 1340, The exclusive right of the publisher to a work arises at the moment of publication of this work and is valid for twenty-five years, counting from January 1 of the year following the year of its publication.

validity periods of exclusive rights to an invention, utility model, industrial design - in Art. 1363, The validity period of the exclusive right to an invention, utility model, industrial design and the patent certifying this right is calculated from the date of filing the initial application for a patent with the federal executive body for intellectual property and, subject to compliance with the requirements established by this Code, is:

twenty years - for inventions; ten years - for utility models; fifteen years - for industrial designs. Protection of an exclusive right certified by a patent can be carried out only after state registration of an invention, utility model or industrial design and the issuance of a patent

The validity period of the exclusive right to a selection achievement is in Art. 1424, The validity period of the exclusive right to a selection achievement and the patent certifying this right is calculated from the date of state registration of the selection achievement in the State Register of Protected Selection Achievements and is thirty years.

on topology - in Art. 1457, The exclusive right to the topology is valid for ten years.

for a trademark - in Art. 1491, The exclusive right to a trademark is valid for ten years from the date of filing an application for state registration of a trademark with the federal executive body for intellectual property. The validity period of the exclusive right to a trademark can be extended by ten years upon the application of the copyright holder submitted within the last year of validity of this right.

Extension of the validity period of the exclusive right to a trademark is possible an unlimited number of times.

The validity period of the certificate of exclusive right to the appellation of origin of goods is in Art. 1531 Code. A certificate of exclusive right to an appellation of origin of a product is valid for ten years from the date of filing an application for an appellation of origin of a product with the federal executive body for intellectual property.

In relation to trade secrets, the validity period of the exclusive right is not established. According to Art. 1467 of the Code, the exclusive right to a trade secret is valid as long as the confidentiality of the information constituting its content is maintained. From the moment the confidentiality of information is lost, the exclusive right to a production secret is terminated for all right holders.

The validity period of the exclusive right is also not established for brand names. According to paragraph 2 of Art. 1475 of the Code, the exclusive right to a company name is terminated at the moment the company name is excluded from the unified state register of legal entities in connection with the termination of the legal entity or a change in its company name.

In relation to a commercial designation, it is not the validity period of the exclusive right that is established, but a “preventive” period. According to paragraph 2 of Art. 1540 of the Code, the exclusive right to a commercial designation is terminated if the copyright holder does not use it continuously for a year.

With regard to the results of intellectual activity and means of individualization, different procedures for calculating the period of validity of the exclusive right and different lengths of the period have been established.

Part four of the Civil Code provides for the possibility of extending the validity of the exclusive right in relation to inventions, utility models, industrial designs, trademarks (service marks), and appellations of origin of goods.

In relation to some results of intellectual activity and means of individualization, the legislator has provided for the possibility of early termination of an exclusive right before the expiration of this right. This possibility is established in relation to:

1) published works, the rights to which belong to the publisher (Article 1342);

2) inventions, utility models and industrial designs (Article 1399);

selection achievements (Article 1442);

3) trademarks (Article 1514, with the exception of subparagraph 1, paragraph 1, Article 1514);

4) the name of the place of origin of the goods (clause 2 of Article 1536, with the exception of subclause 4 of clause 2 of Article 1536).