Features of the legal protection of a well-known trademark
In accordance with paragraph 1 of Art. 1508 Civil Code on the application of a person who considers the trademark used by him or used as a trademark to designate a trademark well-known in the United States, a trademark protected in the United States on the basis of its state registration or in accordance with an international treaty of the United States, or the designation used in as a trademark, but not having legal protection in the United States, may be recognized by as a well-known trademark in the United States by the decision of Rospatent, if at ie a trademark or a designation as a result of the intensive use of steel on the date specified in the declaration are widely known in the United States among the relevant consumers in respect of the applicant's goods. A well-known trademark is provided with legal protection , provided by the Civil Code for a trademark. Granting legal protection to a well-known trademark means the recognition of the exclusive right to a well-known trademark. Legal protection of a well-known trademark is perpetually (item 2 of item 1508 ГК).
The legal protection of a well-known trademark also applies to goods heterogeneous with those in respect of which it is recognized as well-known if the use by another person of this trademark in relation to the specified goods will associate with consumers with the owner of the exclusive right to a well-known trademark and may infringe on the legitimate interests of such holder (clause 3, article 1508 GK).
In accordance with Art. 1509 CC, a trademark recognized as well-known, is entered by the federal authority in List of well-known trademarks in the United States (List of well-known trademarks). Certificate for a well-known trademark is issued by Rospatent during months from the date of entering the trademark in the List of Well-Known Trademarks. Information relating to a well-known trademark is published by Rospatent in the official bulletin immediately after they have been added to the List of Well-Known Trademarks.
Features of the legal protection of the collective mark
According to Art. 1510 GK, an association of persons whose establishment and activities do not contradict the legislation of the state in which it was established has the right to register a collective mark in the United States. In accordance with para. 2 p. 1 of Art. 1510 GK collective mark is a trademark intended for the designation of goods produced or sold by persons entering into this association and possessing unified characteristics of their quality or other general characteristics. A collective sign can be used by each of the persons included in the association.
The right to a collective mark can not be alienated and can not be subject to a license agreement (paragraph 2 item 1510 GK). A person entering into an association that registered a collective mark may use its trademark along with a collective sign (clause 3, article 1510 of the Civil Code).
In accordance with paragraph 1 of Art. 1511 CC to the application for registration of the collective mark submitted to Rospatent, is attached the charter of the collective mark.
The State Register of Trademarks and the certificate of a collective mark in addition to the information provided for in Art. 1503 and 1504 of the Civil Code, information about persons entitled to use the collective mark. This information, as well as an extract from the charter of the collective mark on uniform quality characteristics and other general characteristics of goods , in respect of which this mark is registered, is published by Rospatent in the official bulletin.
Termination of the exclusive right to a trademark. Protection of the right to a trademark
The grounds and order challenging and invalidation granting legal protection to a trademark are set in art. 1512 and 1513 of the Civil Code. About termination of legal protection trademark referred to in Art. 1514 CC. One of the grounds for terminating the legal protection of a trademark is, in particular, the adoption by Rospatent, at the request of an interested person, of a decision on early termination of the legal protection of a trademark in the event of its becoming a designation that has become widely used as a designation for certain goods.
Responsibility for the illegal use of trademark is set in Art. 1515 CC. According to this article, goods, labels, packages of goods to which a trademark or designation similar to it to the point of confusion illegally placed, are counterfeit. The right holder shall have the right to require their withdrawal from turnover and destruction at the expense of the offender. In those cases where the introduction of such goods into circulation is necessary in the public interest, the right holder has the right to demand removal at the expense of the infringer with counterfeit goods, labels, packages of goods unlawfully used trademark or designation similar to it to the point of confusion.
The rightholder has the right to demand at his choice from the infringer instead of compensation of losses of payment of compensation:
• in the amount of 10 thousand rubles. up to 5 million rubles, determined at the discretion of the court on the basis of the nature of the violation;
• Two times the value of the goods on which the trademark is illegally placed, or twice the value of the right to use the trademark, determined on the basis of the price, which under comparable circumstances is usually levied for the lawful use of the trademark.
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