Eurasian Economic Union Trademark Agreement

On December 5, 2018, members of the Board of the Eurasian Economic Commission of the Eurasian Economic Union (EAEU) signed an Agreement on trademarks, service marks, and appellations of origin of goods of the EAEU.

The Agreement introduces means of individualization meant to enjoy legal protection throughout the Union.

The Agreement’s main provisions are the following:

• “Union trademark” and “the Union’s appellation of origin of goods”

A Union trademark is a designation that is protected in the territories of all the member states and allows distinguishing particular individuals’ and legal entities’ goods from those of others. It is not clear yet how the possibility for individuals to own a Union trademark will affect Russian trademark registration rules (according to Russian law, a natural person cannot apply for a trademark unless they are registered as an individual entrepreneur).

• One application for a Union trademark (the Union’s appellation of origin of goods) filed with any of the member states’ patent offices

If at least one of the national patent offices refuses to register the designation, registration of the Union trademark will be denied.

• Interaction with only one national patent office at the applicant’s choice (“one window” system)
• Creation of the Union’s Unified Register posted on the EAEU official website
• Resolution of disputes concerning Union trademark infringements taking place on a member state territory in accordance with that state’s legislation (by national courts)

Official fees for the Union trademark registration will be set independently by each member state.

The Agreement should come into force after 2020, in particular, after the approval of relevant rules and instructions.