Trademark Recordation and Brand Protection via the TROIS: Comprehensive Legal Support

Pursuant to Article 89 of the Treaty on the Eurasian Economic Union (EAEU), member states cooperate in the protection and enforcement of intellectual property rights. They ensure the robust protection and defense of these rights within their territories in strict accordance with international law, international treaties, supranational acts comprising EAEU law, and the domestic legislation of individual member states.

The EAEU Customs Code mandates that customs authorities implement targeted measures to safeguard intellectual property rights when goods are placed under customs procedures. This requirement excludes the placement of goods under customs procedures for customs transit, destruction, or special customs procedures. Concurrently, the execution of efficient border protection for intellectual property rights is facilitated by maintaining a unified customs register of intellectual property objects across the member states.

The Customs Register of Intellectual Property Objects is maintained directly by the Federal Customs Service. This administrative function is governed by the specialized framework established under FTS Order No. 131, "On Approval of the Administrative Regulations of the Federal Customs Service for the Provision of State Services Related to the Maintenance of the Customs Register of Intellectual Property Objects."

Recordation of Trademarks in the TROIS: Procedural Management

The management and maintenance of the unified customs register fundamentally encompasses:

1. Receiving and reviewing statutory applications and supplemental petitions submitted by right holders;
2. Recording verified intellectual property objects within the centralized database;
3. Issuing formal administrative refusals to record intellectual property objects when compliance standards are unmet;
4. Handling structural amendments and supplementary modifications to existing register profiles;
5. Processing requests for the extension of the established border protection periods;
6. Removing and de-listing intellectual property objects from the unified customs register;
7. Notifying applicants in writing regarding the formal administrative outcomes of their filings;
8. Publishing and dynamically updating public registry data on the official website of the EAEU;
9. Managing ongoing regulatory coordination between central customs authorities and the Eurasian Economic Commission.

The TROIS systematically incorporates copyrights, neighboring rights, trademarks (service marks), appellations of origin, and geographical indications. These assets must be backed by a formal decree or a preliminary determination issued by the Federal Customs Service authorizing their inclusion in the customs database.

Application Preparation and Filing with the TROIS: End-to-End Counsel Across All Phases

The administrative rules established by Eurasian Economic Commission Board Decision No. 35, "On Maintaining the Unified Customs Register of Intellectual Property Objects of the Member States of the Eurasian Economic Union," dictate that data concerning IP assets entitled to legal protection must be recorded based on a formal petition. This application is submitted when a right holder possesses reasonable grounds to believe that a infringement of its intellectual property rights may occur. Such exposure typically arises under international treaties, EAEU law, or domestic statutes due to the transborder movement of cargo or the execution of secondary actions with commodities under active customs control.

A formal recordation petition can be successfully executed in relation to the following categories of intellectual property:

1. Copyrighted works and literary property;
2. Objects protected under neighboring rights frameworks;
3. Registered trademarks and service marks.

The formal review of the submitted filing package is conducted by authorized officers within the designated department within strictly defined statutory timelines. Within 3 business days from the date the applicant presents a complete set of records and declarations, the department transmits the application and corresponding electronic registration forms to the central customs authorities of the member states.

If no formal administrative objection is raised by any central customs body within 30 days, the department issues a written notification to the applicant within 3 business days confirming eligibility for registry inclusion. This notice specifies the mandatory requirement to post a **security deposit** or compliance bond. The applicant must present the finalized security instrument or a certified copy thereof to the department within 30 business days. Statutorily, the minimum threshold for this security must be equivalent to at least **10,000 euros**, calculated at the official exchange rate applicable on the execution date of the underlying contract or its subsequent modification.

Not later than 3 business days following the verification of the posted security deposit, the department finalizes the administrative decree to record the intellectual property objects in the unified register. This instrument is drafted by the handling compliance officer and executed by the director or deputy director of the responsible department. The formal decree must specify its date, an administrative index number, the precise designations of the recorded IP assets, and the definitive expiration date of the protection period. The maximum duration for registry inclusion is capped by the earliest of the following milestones to expire:

1. 2 years from the original effective date of the recordation in the unified register;
2. The specific operational timeframe requested by the applicant within the initial petition;
3. The remaining statutory lifespan of the intellectual property's underlying legal protection;
4. The active validity period of the posted compliance bond or secondary security document.

Within 3 business days from the final execution of the administrative decree, the department logs the IP assets into the live unified register, publishes the mandated corporate data on the official EAEU portal, and dispatches a formal notification to the applicant. This transparency step ensures that the active tracking data is fully accessible to enforcement officials across the border networks.

Should any material data specified in the original petition or attached files undergo a corporate change, the right holder is statutorily obligated to take immediate action. Within 5 business days from the occurrence of the modification, the applicant must file a petition to amend or supplement the unified register profile. Modifications and updates—including those driven by the strategic extension of protection timelines—are processed based on the following indicators:

1. Submission of a formal request or petition by the registered right holder;
2. The demonstrated need to rectify technical or clerical errors within the active registry data.

The administrative decree authorizing modifications or supplements to the unified registry must be finalized within 10 business days from the emergence of the corresponding grounds.

Removal and Modification of TROIS Protection: Managing Registry De-listing

Intellectual property assets are subject to mandatory removal and de-listing from the unified customs register under the following statutory conditions:

1. Submission of a formal voluntary withdrawal application by the registered right holder;
2. Administrative detection of fraudulent data, misrepresentations, or invalid files within the original application package;
3. Premature termination or invalidation of the underlying legal protection of the IP asset within any member state;
4. Receipt of official disclosures from state regulatory bodies confirming that the registered right holder has been judicially deprived of or restricted in its IP rights;
5. Formal notification concerning a change of ownership or assignment of the right holder title within any member state;
6. The expiration, cancellation, or structural default of the mandatory compliance security deposit.

The de-listing of intellectual property objects from the unified customs database is executed via a formal administrative resolution. This instrument is structured by an authorized specialist and executed under the signature of the department director or deputy director. The formal resolution to remove assets from the registry must be finalized within 10 business days from the emergence of the triggering compliance grounds.

Legal Representation for the Recordation of Trademarks in the TROIS

1. Advising international corporate clients on the regulatory requirements, compliance metrics, and asset benefits of recording trademarks in the TROIS;
2. Drafting, structuring, and preparing the complete statutory application file and supporting evidence required for flawless customs registry recordation;
3. Managing comprehensive interfaces with customs authorities and providing advanced legal representation throughout the entry, modification, or removal lifecycles within the customs intellectual property register.