The court explained how it is possible to point to a trademark in the application under Law No. 44-FZ
The participant of the electronic auction indicated in the application a trademark in the form of a picture. For this, he transferred the image from the official site of the supplier, copying the symbol from PDF to Word. The commission rejected the application, because it was not clear which exactly the trademark was offered by the participant.
The court found this decision unlawful. According to the requirements of the law and documentation, the trademark should be indicated in the application if it is available. The participant fulfilled this requirement and included an indication of the trademark in the application.
It was noted that the trademark in question was registered as a verbal designation.
Also, the court recalled the position of FAS Russia: Law No. 44-FZ does not oblige the procurement participant to have the goods in stock at the time of filing an application. Therefore, the requirement of the customer to describe in detail in the application the goods can be perceived as a restriction of access to participation in the procurement.
Document: Resolution of the AC of the Volga region from 27.04.2018 on the case N A65-13017 / 2017