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Eurasian Trademark: coming after 2020

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A new regional trademark registration is anticipated after 2020 when the Agreement on Trademarks, Service Marks and Names of Appellation of Origin of Goods of the Eurasian Economic Union (EAEU) will function in the EAEU member states, i.e., Russia, Belarus, Kazakhstan, Kyrgyzstan and Armenia.

As of the start of implementing the Agreement one trademark can be registered with the effect in all five EAEU member states instead of separate national registrations. A Eurasian Trademark application shall be filed with the Patent Office of any member state. The trademark examination shall be conducted for both absolute and relative grounds for refusal. The national Patent Office are given six months for conducting examination and reporting a refusal. If no refusal is reported within that period, the trademark is allowed for registration. The Eurasian Trademark shall be refused also if the Patent Office of at least one member state refuses the trademark but there will be a possibility to transform the Eurasian Trademark application into national applications keeping the priority of the transformed Eurasian Trademark application.

Trademark disputes and enforcement shall be regulated according to the laws of the member state where a dispute arises or a trademark is infringed.

The Eurasian Trademark represents one more regional system intended to facilitate trademark registration and management. The registration procedure seems to be easier, cheaper and faster comparing with the separate national procedures. The challenges for the national Patent Offices may concern the language issues as the Eurasian Trademark system provides Russian language as prevailing, as well as compliance of the national laws to the provisions of the Agreement, especially regarding terms of examination, allowed non-use period, publication of the Eurasian Trademarks etc.

The Agreement is signed on the meeting of the Council of the Eurasian Economic Commission in December 2018 but before operating the system additional time is required for preparing and adopting necessary instructions, implementation rules for the of the overall process and technological documents. The Eurasian Trademark system can start functioning after 2020.

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