Informational Letter of the Supreme Arbitration Court of the Russian Federation "On Settlement of Disputes, Related to the Application of the Law of the Russian Federation "On Trade Marks, Service Marks and Appellations of Origin of Goods" by Arbitration Courts." N S-13/OSZ-350

The Supreme Arbitration Court of the Russian Federation informs that adopted is the Law of the Russian Federation "On Trade Marks, Service Marks and Appellations of Origin of Goods" of September 23, 1992, No.3520-1, which was published in "Rossiyskaya Gazeta" of October 17, 1992, No.228.

• This Law regulates relations arising in connection with the registration, legal protection and utilization of trade marks, service marks and appellations of the origin of goods.
  
• In accordance with Article 45, disputes, related to the application of the present Law, are considered in the order, established by the Russian Federation legislation, a court, arbitration court, or third party arbitration, including disputes:
  
  • on infringement of an exclusive right for a trade mark;
    
  • on concluding and executing a licensing agreement and an agreement on a trade mark transfer;
    
  • on illegal utilization of an appellation of the origin of goods.
    
• The above disputes are subject to consideration by an arbitration court on the basis of Article 20 of the RF Arbitration Procedure Code.
  
• When accepting a dispute in connection with concluding a licensing agreement or an agreement for a trade mark transfer for proceedings, it is necessary to bear in mind that such disputes are under the court of arbitration jurisdiction, if there is an agreement of the parties on referring a dispute that arose or might arise to the arbitration court for settlement.
  
• Disputes, related to a trade mark registration, collective mark registration, non-use of a trade mark, invalidation of the trade mark registration, abrogation of the trade mark registration, appellation of decisions for an application and restoration of the terms missed, invalidation of the registration of an appellation of the origin of goods and of a certificate for the right to use the appellation of the origin of goods, are considered by the Supreme Patent Chamber and are not referred to the competence of arbitration courts.