On February 3, 2020, member states of the Eurasian Economic Union signed the Eurasian Trademark Agreement, which makes a formal start to creation of a new regional IP right – Eurasian Trademark.
In accordance with the Agreement, a single application filed with either of the national intellectual property offices of the EAEU member states may mature into a trademark, a service mark or an appellation of origin valid throughout the territory of the Union.
The registration procedure foresees ex-officio examination of a Eurasian trademark application on relative grounds by intellectual property offices of each EAEU member state.
There is no opposition procedure foreseen by the Agreement, but third parties will have the right to file observations against registration of Eurasian trademark. This resembles the procedure currently in place for national trademark applications in most EAEU member states.
The Eurasian Trademark Agreement will come into force after its ratification by all EAEU members in accordance with the corresponding national procedures.
The implementing regulation to the Agreement (Instructions) is currently at its final preparation stage. It is expected to be finalized by June 2020, after which it will be transferred for approval to the EAEU governing body.
While it is hard to predict when Eurasian Trademark eventually becomes a reality (the system has been in development for more than 5 years), it is unlikely for first EAEU regional trademark applications to be filed before 2021.
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