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23 february 2023

Amendments of the Trademark Law

Amendments to the Law on Trademarks and Service Marks were made on 9 January 2023 to enter into effect on 13 November 2023.

The amendments relate to EAEU trademarks registration. Applications for registration of EAEU trademarks are to be drawn up in accordance with the requirements of the Agreement on Trademarks, Service Marks and Appellations of Origin of Goods of the EAEU dated 3 February 2020 and submitted to the National Center of Intellectual Property. Trademark applications filed under the national procedure may be converted into applications for registration of EAEU trademarks.

In the case established by Article 14 of the EAEU Trademark Agreement (an identical trademark is registered for fully or partially coinciding lists of goods in each of the Member States in the name of the same owner), at the request of the trademark owner filed with the NCIP, and upon payment of the patent fee, the national registration of a trademark may be replaced by the EAEU trademark registration.

Canceled EAEU trademark registrations may be converted into a national application with the preservation of the priority date of the EAEU trademark on the basis of a petition filed with the NCIP by the trademark owner or its successor.

Certain changes have also been made to reflect the practice of applying the Law, including those relating to the international registration of trademarks under the Madrid system, the use of trademarks and the consequences of non-use, the legal protection of well-known trademarks, and others.