NEW PROVISIONS OF LAW TO DISTINGUISH TRADEMARKS AND GEOGRAPHIC INDICATIONS COME INTO EFFECT
2 Jun 2023
EURASIA
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On May 29th, 2023 a number of amendments to the law in relation to specific requirements to trademarks will come into effect. Namely, a number of restrictions connected with registration of trademarks, transfer of rights to trademarks, use of trademarks, etc.
First of all, it will be prohibited to register as trademarks any designations which could mislead consumers about a place of origin of goods.
The other legal change is connected with restrictions to transfer trademark rights if such a transfer could lead to confusion of customers regarding a place of origin of goods.
Among other changes it will be prohibited to use any designations which include (or imitate) geographical indications, if such a use could mislead consumers about a place of origin or characteristics of goods. However, the law distinguishes registration of trademarks in relation to similar and non-similar goods, for those geographical indications or appellation of origin of goods are registered.
The changes mentioned above were adopted almost a year ago in 2022, and they are driven by necessity to align Russian IP legislation with the Geneva Act to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 2015. It should be noted, that the mentioned changes couldn’t have any retroactive force to the existing trademarks, and the new provisions of the law couldn’t provide any grounds to cancel previously registered trademarks.