Trade mark applicants occasionally use ploys to avoid rejections from the Patent Office. In this case, the applicant filed an application for a design trade mark including a word element. The trade mark application according to the applicant was filed for a designation which consisted of a still-life including various meat products, pepper bowl and vegetable greens arranged in an artistic manner. Below this artistic piece there was an inscription in the Russian alphabet «МЯСНОЙ РЯД» (meaning Meat Row). The inscription was made in lettering which, though understandable by a Russian, was in a peculiar script which is vaguely reminiscent of old Russian writing. The first letter has the shape of an old Russian helmet which in turn perhaps emphasizes in the eyes of the applicant the long-standing traditions of the company. The second word contains a letter that was discarded in the October Revolution of 1917.

The application was examined by the Patent Office and the decision was to register the trade mark disclaiming the words (registration number 314,991 dated October 2006). The exquisite calligraphy did not help to represent the lettering as an artistic creation. The Patent Office explained that the words "Meat Row" refer to certain goods and are descriptive. The Patent Office stated that the words mean meat kiosks, shops, market counters arranged in one row and selling meat products.

The applicant did not give up and filed an appeal to the Chamber of Patent Disputes. He insisted that the lettering was stylized to look like the old Russian writing and the presence of the letter Ъ at the end of the word combination showed that that word was not descriptive because Russian grammar does not admit of writing the letter Ъ at the end of the word. The applicant also argued that the words "Meat Row" had not become common in the Russian language.

An outside observer would note that the words, despite not being used very often, are not so rare as to strike the ear when heard. And the Chamber of Patent Disputes argued along the same lines. The Chamber of Patent Disputes declined the appeal of the applicant and argued that the goods are often sold in the market in a line arrangement of the retail outlets. So the consumer is accustomed to the arrangement of small shops in a single line and trading in similar goods. The letter Ъ does not make it difficult to understand the word and does not add any distinctive advantage to the word. Hence the Chamber of Patent Disputes upheld the decision of the Patent Office and maintained that that the words should be disclaimed.

The Russian Trade Mark Law provides exhaustive guidelines as to how this or that designation should be evaluated and applicants may foresee the results of the examination procedure in many cases. At least they may seek specialist advice. Neglecting this useful remedy, they run into unjustified expenses even though the result could have been predicted in advance.