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National Institute of Intellectual Property

Information letter about some issues of realization of the applicants' rights under registration of trademarks, service marks

21 February, 2017
1. In accordance with paragraph 1 of Article 3-1 of the Law "On Trademarks, Service Marks and Appellations of Origin" expert organization carries out activities for the reception and examination of applications for registration of trademarks and service marks, keeping State Register of registered objects, and the publication of the registration information.
2. However, paragraph 5 of Article 12 of the Law, sub-paragraph 3) of paragraph 6, paragraph 33 of the Rules of drawing up, registration and consideration of trademark application the terms of payment and delivery of the document confirming payment for the examination of trademark applications, as well as the publication of the registration information are defined.
If the payment documents are not presented within the deadline, the application is considered abandonment or withdrawal, and paperwork stops.
3. However, the expert organization asks to take into account that in the case of missing terms regulated by the Law and the Rules, the applicant shall be entitled to exercise the right to restore the missed deadlines on them pursuant to paragraph 5 of Article 13 of the Law.
Missed terms are subject to recovery by the applicant, if the applicant makes intercession about this but not later than two months from the date of the expiry of missed deadline.
For example: if the duration of the payment or the payment of a document is determined to 01/03/2017, the petition for restoration is necessary not later than 01/05/2017. The applicant's request for missed deadlines shall be made in free form.