New edition of Art. 1483 of the Civil Code of the Russian Federation introduces a ban on the registration of trademarks which:
• include, reproduce or imitate protected geographical indications or appellations of origin of goods (hereinafter referred to as “GI” and “AOG”, respectively), or designations applied for registration as such before the trademark priority date, in respect of homogeneous goods. An exception shall be including of such designation as an unprotected element in a trademark of a person who has the right to use the relevant GI or AOG;
• incorporate, reproduce or imitate protected GIs or AOGs, or designations applied for registration as such prior to the trademark priority date, in respect of non-homogeneous goods, if the use in respect of these goods will be associated by consumers with such GIs or AOGs and may infringe legitimate interests of the owner of the GI or AOG.
• include, reproduce or imitate protected geographical indications or appellations of origin of goods (hereinafter referred to as “GI” and “AOG”, respectively), or designations applied for registration as such before the trademark priority date, in respect of homogeneous goods. An exception shall be including of such designation as an unprotected element in a trademark of a person who has the right to use the relevant GI or AOG;
• incorporate, reproduce or imitate protected GIs or AOGs, or designations applied for registration as such prior to the trademark priority date, in respect of non-homogeneous goods, if the use in respect of these goods will be associated by consumers with such GIs or AOGs and may infringe legitimate interests of the owner of the GI or AOG.
It will be illegal to use a designation that includes, reproduces or imitates a registered GI that can mislead consumers about the origin or characteristics of the product.
In addition, the right holder will have the right to demand the withdrawal from circulation and destruction at the expense of the violator of counterfeit goods, labels, packaging on which the GI, AOG or a designation that includes, reproduces or imitates them is illegally placed.
If the introduction of such goods into circulation is necessary in the public interest, the right holder will have the right to demand the removal of illegally used designations at the expense of the offender.
Finally, a ban is introduced with regard to the alienation of exclusive rights to trademarks if this can mislead consumers about the place of production of the goods.