The new version of the Civil Code of the Russian Federation imperatively stipulates that rights holder’s consent for registration of a similar trademark by another legal entity cannot be withdrawn (Art. 1483 of the Civil Code of the Russian Federation). Earlier, including of an interdiction to withdraw the consent into the official letter of consent was only one of the recommendations by Rospatent. However, the applicant should remember that even filing of a letter of consent cannot give a 100% guarantee of successful registration and grant of Trade Mark certificate with regard to a mark that is deemed by the examiners as confusingly similar to a pre-existing Trade Mark.
An obligation is imposed on Rospatent to officially publish information on the applications for registration of Trade Marks and Appellations of origin (Art. 1493 and 1522 of the Civil Code of the Russian Federation). Also, any person ac quires the right to oppose registration of the respective re designation upon publication of the information on the filed application. Before these amendments, an opposition could only be filed by a person who can prove its legal interest in the matter