Inclusion of Trademarks in the Customs Register

Legal support for registration of trademarks and other IP in the Customs Register

In accordance with Article 89 of the Treaty on the EAEU, Member States cooperate in the field of protection and enforcement of intellectual property rights and determine on their territory the protection and enforcement of rights to them in accordance with the norms of international law, international treaties and acts that constitute the law of the EAEU, and on the obligations of member states.

The Customs Code of the EAEU stipulates that customs authorities take measures to protect rights to intellectual property in goods in accordance with customs procedures, with the exception of premises for goods under the customs procedure of customs transit, customs processing procedure, and customs procedure. At the same time, ensuring effective customs protection of rights to intellectual property is carried out by maintaining the Unified Customs Register of Intellectual Property of the Member States.

The Customs Register of Intellectual Property is headed by the Federal Customs Service in accordance with the regulations for maintaining the customs register of intellectual property objects, approved by Order of the Federal Customs Service of Russia dated January 28, 2019 No. 131 “On approval of the Administrative Regulations of the Federal Customs Service for the provision of public services for maintaining the customs register of intellectual property objects”.

Maintaining a Customs Register includes:

1. receiving and servicing applications and other requests from applicants;
2. inclusion of intellectual property objects in a Register;
3. refusal to include intellectual property objects in the Register;
4. making changes (additions) to the Register;
5. extension of the protection period;
6. conclusion of intellectual property items from a complex registry;
7. publication on the official website of the EAEU and updating of information contained in the unified register;
8. interaction between central customs authorities and operators.

Customs Register includes objects of copyright and corresponding rights, trademarks (service marks), appellations of origin of goods and geographical indications, in relation to the federal customs service, a decision was made to include them in the customs register or a preliminary decision to include an object of intellectual property in the customs register.

Procedure for entry in the Customs Register

The regulations for maintaining a unified customs register of intellectual property objects of the member states of the Eurasian Economic Union, Decision of the Board of the Eurasian Economic Commission dated 06.03.2018 No. 35 “On maintaining the customs register of intellectual property objects of the states – the Eurasian Economic Union”, determine that information about intellectual property objects, Agreements on protection of rights in each Member State are included in a single register based on the provisions. The application is submitted if the copyright holder has sufficient grounds that there may be a violation of his rights to intellectual property objects provided for by international treaties and acts constituting the law of the EAEU, and (or) for the obligations of the member states in connection with the movement of goods through the customs border of the EAEU or when performing other actions with goods under customs control.

An application can be submitted in relation to the following types of intellectual property:

1. copyright objects;
2. corresponding rights objects;
3. trademarks (service marks).

Consideration of applications is carried out by employees of the responsible department, authorized by the director of the responsible department, in the prescribed manner and in the regime. The responsible department, within 3 working days from the date of submission by the applicant of documents and submission in full, is sent to the central customs authorities in electronic form of application and registration forms in relation to the declared intellectual property objects.

In the event of a change in the information specified in the application or submitted documents, the applicant, in the prescribed manner, is obliged, within 5 working days from the date of change in the information, to take measures to make changes (additions) to the unified register in relation to this information. Changes (additions) are made to the unified register, including those related to the extension of the protection period, if the following grounds exist:

1. receipt of an application from the applicant;
2. making technical corrections.

The decision to make changes (additions) to the unified register is made within 10 working days from the date the specified grounds arise.

Exclusion of intellectual property from the Customs Register

Intellectual property objects are excluded from the unified register if the following grounds exist:

1. receipt of an application from the applicant;
2. identification of the fact that the applicant provided false information;
3. early termination of legal protection of an intellectual property object in any of the Member States;
4. receipt of information from government bodies (organizations) of the Member States that persons indicated in the unified register as copyright holders, in accordance with the legislation of the Member States, are deprived of rights to an object of intellectual property or have such rights limited in any of the Member States;
5. receipt of information about a change in the copyright holder in any of the Member States;
6. termination of the security.

The exclusion of intellectual property from the unified register is carried out on the basis of a decision prepared by an authorized employee and signed by the director (deputy director) of the responsible department. The decision to exclude intellectual property from the unified register is made within 10 working days from the date the specified grounds arise.

Legal services

1. Consulting on the inclusion of trademarks in the customs register
2. Preparation and execution of documents for inclusion in the customs register
3. Interaction with customs authorities and representation of interests when including intellectual property objects in the customs register and excluding them from it