In late June Rospatent has posted on its official website the Draft Regulation of Trademark Opposition Procedure (hereinafter – Regulation). Rospatent expects that the opposition procedure could substantially minimize the terms of trademark registration.
The Regulation establishes that Rospatent’s competence should be limited to examination of only “absolute grounds” for refusals (para. 1-5 art. 1483 of Russian Civil Code).
Should Rospatent fail to find any “absolute ground”, it shall publish information that the examination has been successfully completed.
Such publication enables any person or company to file an opposition to Rospatent within 3 months on any available legal ground. Since then the parties (applicant and opponent) are granted 6 months to settle amicably and revoke an opposition. Otherwise, Rospatent shall examine an opposition and render a final decision.
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