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Registration of an appellation of origin of goods

A license contract may be concluded on various conditions, depending on economic plans of the parties to a transaction, properties and characteristics of goods and other circumstances.

This kind of transactions is convenient in that

  • first, the right holder retains the exclusive right to the means of individualization;
  • second, the licensee obtains the right to use the trademark and derive commercial profits therefrom.

types of LICENSES

According to the RF Civil Code, a license may be:

  • non-exclusive – it means that the right holder retains the possibility of transferring the right to use his/her means of individualization to other persons as well as manufacture products bearing this trademark on his/her own;
  • exclusive – in this case the right holder is obliged to refrain from concluding similar contracts with other persons during the license term and, as a rule, stop manufacturing his/her own products under this trademark.

state registration

Prior to 2014, any license was subject to the state registration in Rospatent; but now this norm is abolished. However, transfer of rights to a trademark under a license contract, rather than the contract itself as a document, should be mandatorily registered according to the established procedure.

  • legal follow-up up to receipt of an appendix to the certificate from the respective state service.

As a rule, the time period of the state registration of trademark right transfer in Rospatent is 2 months, but it may be prolonged up to six months if grounds for correction requests from examiners arise.