Stakeholders with an interest in the Eurasian market are looking forward to the launch of the new Eurasian Economic Union trademark registration system (‘EAEU trademark’), which will allow them to obtain a trademark registration that is valid in all Eurasian Economic Union member countries: Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia.

The Eurasian Economic Union’s Treaty on Trademarks, Service Marks, and Appellations of Origin of Goods was signed on February 3, 2020, and went into effect in April 2021. The adoption of the Treaty’s Instructions, which were introduced by Decision No 53 of the Council of the Eurasian Economic Commission on 18 May 2021 “On certain issues concerning the implementation of the Eurasian Economic Union’s Agreement on Trademarks, Service Marks, and Appellations of Origin of Goods of 3 February 2020,” was the first step toward its implementation.

Key features of the EAEU trademark

• An EAEU trademark has the force of a national registration in each member country of the Eurasian Economic Union.
• Trademarks which cannot be graphically represented cannot be registered as EAEU trademarks.
• A trademark registration’s duration is 10 years from the filing date, can be renewed without limitations.
• Infringement is defined pursuant to the laws of the country where the infringement took place and is resolved in accordance with such laws.
• An EAEU trademark application can be transformed into national applications before a decision of grant or refusal has been issued by the receiving trademark office; conversely, a national application can be transformed into an EAEU trademark application.
• Conventional priority as well as exhibiting priority will be applied, and multiple priority regarding different goods can be claimed.
• Prior national applications or registered trademarks are a bar to the registration of an EAEU trademark.
• In case of refusal based on a lack of distinctiveness, acquired distinctiveness (if any) should be proven in all member countries of the Eurasian Economic Union.
• The registration of identical marks for the same goods is prohibited.
• If a non-use cancellation action is filed, genuine use should be demonstrated in at least one member country.
• If an entity has identical national registrations in each country of the union, it can transform such registrations into a single EAEU trademark.

Specific aspects of the procedure

• Applications must be filed with the national trademark office of a member country (receiving trademark office).
• The procedure contains several steps: formal examination, online publication and substantive examination.
• After publication, the applicant is notified of the fee that must be paid for substantive examination. After payment has been made, substantive examination is handled by each trademark office in the member countries of the union.
• Interested third parties can file objections against an application within three months of publication.
• Based on the arguments of the applicant, the national offices will issue their final decision – grant, partial grant for some goods/services or refusal in the relevant country.
• Such decisions can be appealed in accordance with the relevant national procedures.
• If no appeal is filed, the receiving trademark office will make a decision of grant, partial grant or refusal in the union.

Invalidation shall be carried out in line with the rules of the relevant member nation; invalidation in one of the member countries will result in the revocation of the EAEU trademark.

Technical issue

The system is already operational, but one feature is still inadequate: the technical ability to file applications. The system is expected to go live shortly, as the Eurasian Economic Union’s united economic zone necessitates the urgent need for effective and unified trademark protection in all of the union’s countries.

You could visit here to see Procedure of European Trademark Registration.

You could visit here to check the required documents of filing trademark in European

Contact AAA IPRIGHT: Email: [email protected]

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