Eurasian Patent Office received the first Eurasian patent application on January 1, 1996. Now, members of the Eurasian Patent Convention are eight (8) countries: Armenia, Azerbaijan, Belorussia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan.
Vladimir Biriulin, Partner, Russian Patent Attorney, Head of Special Projects, of Gorodissky & Partners evaluates the recent case that almost saw the loss of the TOP GEAR mark for the BBC!
The UAE exports or re-exports a variety of goods, including agricultural products, light and textile industry articles, plastics, and organic chemistry products. These goods, when imported into Russia, require intellectual property (IP) protection. Patents, trademarks, and designs are key IP assets that must be registered. Appellations of origin and geographical indications are also available for certain products.
Sanctions imposed on Russia work. This forces Russian authorities to dedicate more attention to the development of national economy. One of the goals proclaimed by the Russian government is to rely on domestic technologies and further develop new technologies.
When some foreign companies left Russia, they left their intellectual property behind and valid. The patent office carefully preserves registrations of patents and trademarks and readily accepts new applications. Also, IP owners monitor their IP ownership and when a patented product or a trademark surfaces on the market, they chase the infringers.
Sanctions imposed on Russia because of the military conflict with the Ukraine are designed to stifle Russian economy. In some cases however they have undesirable and unexpected repercussions opposite to what was expected.
It is commonly known that some foreign companies left Russia following the onset of events in the Ukraine. That led to mass filing of trademark applications reproducing or imitating the brands of the companies that left Russia. TThe patent office quickly reacted to that and explained that filing an application and publishing it does not mean that a registration will occur. The pirate filers understood that too and discontinued the practice.
Current political situation added shades to intellectual property cases. Some foreign companies left the Russian market and this makes us cast a new look on the situation on the Russian market.
A Swiss company named BGRP GmbH obtained the international trademark No 1584115 SARTORIA MASTROIANNI for Classes 03,18 and 25 to extend registration to Russia.
Article 1486 of the Russian Civil Code provides that a trademark may be invalidated for all or part of the goods if the trademark is not used during three years. The use of a trademark means the use by the trademark owner himself, by his licensee or by a person under control of the trademark owner. The last version of use must be carefully documented in order to be able to save the trademark from cancellation.
Moscow commercial court forbade production, offer for sale, sale, other ways of marketing and storage for those purposes of the drug Sunitinib-nativ until expiration of the term of the Eurasian patent No 005996.
Trademark owners are advised to monitor the market and react timely to possible parallel import. In order to enhance opportunities for protection of trademarks the owners are well advised to register their trademarks with the patent office and, which is also important, with the customs register.
Protection of IP in Russia is often being discussed in the media nowadays and judging by the publications that one may see Russia tends to dismiss any rights vested in IP which is outright wrong.
It is unfortunate that authors of articles describing the Peppa case extrapolated the situation to intellectual property in general and did not wait until examination of the case was over.
The arguments of the infringer who argued that there was no infringement because the trademark owner was resident of an unfriendly country were simply ignored by court as if those arguments had not been made.
The last couple of months have seen a number of publications alleging that protection of intellectual property in Russia does not exist any longer. This is not true.
Because of the current situation with Ukraine the media publish much information regarding intellectual property that is often incorrect or outright false. It is worthwhile to dot the “I”s and look not only at the top of the iceberg but explore what is underneath.
In recent days or weeks, there has been an unprecedented wave of articles about the status of intellectual property in Russia, misinterpreting current events.
The situation that has come to exist after sanctions imposed on Russia indeed raises many questions. At the same time it is worth noting that all IP laws remain valid and membership in international conventions is maintained.
Vladimir Biriulin of Gorodissky & Partners discusses a pharmaceutical case in which unfair competition was proved, despite a finding of no patent infringement
Vladimir Biriulin of Gorodissky & Partners considers a trademark dispute ruling by the Chamber of Patent Disputes, concerning alcoholic beverages in Class 33
A case involving resold car parts forced Russia’s courts to revisit its IP exhaustion rules—with a positive outcome for trademark owners, says Vladimir Biriulin of Gorodissky & Partners.
Written by Vladimir Biriulin, Partner at Gorodissky & Partners, Moscow, & Elena Beloshuk, Head of Legal Department at Gorodissky & Partners, Kiev, to discuss the evolvement of parallel import in both Moscow & Kyiv.
This briefing is intended to provide an initial informative overview on some of the legal matters related to art in the leading and strategic jurisdictions herein analyzed.
On July 2, 2021, President Putin signed a law 345-Ф3 “On Making Amendments to the Federal Law On State Regulation of Production and Circulation of Ethyl Alcohol, Alcoholic Products and on Curbing Consumption (Drinking) of Alcoholic Products”. This law changes the wording of many articles of the basic law No 171-Ф3 of November 1995, deletes several articles and words. In particular, it deletes the word “champagne” (shampanskoye) from many articles which stood by the side of the term “sparkling wine”.
Vladimir Biriulin of Gorodissky & Partners discusses a trademark dispute ruling by the Chamber of Patent Disputes, concerning amendments to invention applications
Vladimir Biriulin of Gorodissky & Partners looks at how the Chamber of Patent Disputes in Russia ruled on a trademark dispute concerning the Knoppers Sandwich
After the adoption of Part IV of the Civil Code in 2008, the development of the law continued, accompanied by ideas arising from the practice of patent offices and judicial practice.
The word "Putina" was perceived by the examiner exclusively as the name of the Russian president, though it is also possible to draw the conclusion, based on various sources, that the word "Putina" (in Russian) in most cases means "the time or season of fishing".
The headline of this article might provoke amazement or concern among football fans. They might even wonder why Wikipedia missed this important event in the life of the famous footballer.
A Chinese company "Wedo Tools Co" trading in hand tools established dealership relations with a Russian company which became its exclusive distributor in Russia. The parties concluded a distributorship agreement after which the Russian company registered its company name as "Wedo Rus." The parties also concluded another agreement according to which the designation "Wedo" should be registered in Russia as a trademark in the name of the Chinese company.
Chapter Russia of international analysis for corporate counsel and cross-border legal practitioners in such key areas of franchise as: governing bodies, laws and agencies, exemptions and exclusions from franchise laws, ground rules for franchise termination, restrictions on foreign entities and investments, confidentiality covenants in agreements, restrictions on franchise agreements and good faith obligations and franchise relationships.
Trademark Cancellations - a searchable database of practical information on trademark cancellation practice and procedure in numerous jurisdictions worldwide. Topics covered include: availability of cancellation proceedings; applicable grounds; venue; representation; time frames; estimated costs; and rights of appeal.
The customs initiated an administrative court case at the Commercial Court of St Petersburg against Foreign Brands, a Russian company that imported goods labelled with a trademark "Dr Pepper Est. 1885." This is a routine procedure for customs authorities when they suspect transportation of counterfeit goods through the border. The owner of the trademark in such cases is a third person with limited participation in the proceedings
A Russian applicant filed a trademark application for a combined colour designation consisting of words, a figure, crossed ribbons and the words "your emergency service." The Collegium of the Chamber of Patent Disputes examined the appeal and noted that the figurative element of the disputed trademark is characterised by significant visual differences in comparison with the emblem of the Red Cross and the flag of the International Committee of the Red Cross.
The law (Article 1508 of the Civil Code) provides that a trademark protected in Russia based on its state registration or in accordance with an international agreement or used as a trademark, or a designation used as a trademark but not registered as such in Russia may be recognised as a well-known trademark. However, it can only be recognised from the date indicated in the application if that trademark or that designation became widely known among relevant consumers in Russia as a result of its intensive use.
Coronavirus struck a mighty blow on all aspects of human life. It did not spare IP practitioners and government authorities from its malicious impact. A short spell of bewilderment was followed by the search for solutions. Life should go on. Patent and trademark attorneys organized themselves and switched to distant work. It is relatively easy for them however what about the bodies they are obliged to communicate with?
The circumstances explained by the Chamber of Patent Disputes lead to the conclusion that the claimed designations may be associated with each other despite their differences hence they are confusingly similar.
There was a court case early in 2019 in connection with software unlawfully stored in a computer's memory by the respondent. The infringer was obliged to pay compensation of more than $40,000. The court noted that storing software per se in a computer without approval of the right owner is an independent element of infringement.
Vladimir Biriulin, Partner and Head of Legal Practice at Gorodissky & Partners, discusses the application of term extensions to patented chemical compounds
A trademark is a tried and tested matter, more often than not, it does not raise questions, save some particulars in legal practice. Then, there is also the concept of a wellknown trademark. A well-known trademark is valid eternally and protects dissimilar goods. It may be a dream for every trademark owner, though the hurdles on the way to acquiring that status deter many from embarking on that thorny way.
The Supreme Court of the Russian Federation monitors what is going on in courts all over the country and periodically issues so-called "resolutions". Vladimir Biriulin of Gorodissky & Partners reviews the most recent, which deals with IP.
A question is occasionally asked whether Russian courts treat foreign companies in the same way as Russian companies. The answer is usually a soothing one in that all parties in a conflict are on the same footing. The case examined below sheds more light on the stance of the courts.
The fact that the owner of the cited trademark gave a letter of consent confirms that he himself does not foresee confusion on the part of the consumer. Considering that the goods are different and consent of was given, the board of examiners allowed registration of the claimed designation in Class 3.
A trademark application No 2016737523 was filed by “Gazpromneft” JSC (a prominent Russian oil company) for the goods in Class 4 and services in Classes 35, 37, 40, 41, 42.
The Duma has passed a bill with provisions on GIs. The bill clearly distinguishes between GIs and AOs and sets out registration requirements. It is widely expected that the bill will widen the protection available to these designations.
After filing a patent application, 18 months elapse before the application is published. After receiving a request for substance examination, the patent office starts the examination procedure. There may be cases where the application concerns questionable scientific substantiation of technical results on which the claimed invention is based.
Ibatullin, a notorious trademark squatter from the city of Ufa, filed a request to assign the mark RED SQUARE to himself. The Patent office refused, finding that the registration of the mark in Ibatullin’s name would confuse consumers as to the place of production of the goods. The court disagreed, holding that the relevant factor was the place of manufacture of the goods, rather than the location of the manufacturer.
An application for a trademark no 2016739384 was filed by Chicago, a Russian beauty parlour from S-Petersburg. The patent office refused registration arguing that the claimed designation had a word element, Chicago, which may be understood as the place of manufacture of goods and services.
The word Guaraná has associations with Latin American countries around the equator even in the minds of those who do not know what Guaraná is. In fact, Guaraná is a climbing plant in some subtropical countries. It contains caffeine and is used in soft drinks and food additives. AMBEV, a Brazilian company filed a trade mark application No 2016706914 in 2016 for goods and services in Class 32.
Despite the seemingly unlimited choice of words and the vast imagination of people, collision between similar words, real or coined, is not infrequent. In normal life these words are homonyms or homophones and do not pose any problems in everyday activities. It is a different story in the world of intellectual property. Same or similar words may mean different things but in the eyes of the consumer they are the same and for businesses they may mean loss.
A trade mark registration No 570712 was obtained by a Russian R-line company in relation to goods in Class 12 and services in Class 36. Volkswagen AG appealed against the registration of that trade mark.
Patent Office refused to register RITZ PARIS in the name of The Ritz Hotel Limited, as applicant is located in London. Chamber of Patent Disputes disagreed, finding that The Ritz Hotel Limited owns and operates Ritz Hotel in Paris. It was possible to include 'Paris' as unprotected element in mark at issue.
Recently, the EAEU countries agreed on a common Eurasian Union Trademark. What are the benefits of this common trademark? Does it help to combat counterfeit goods? And what are the major challenges regarding the Eurasian Union Trademark? Vladimir Biriulin, a recognized litigation adviser, discusses these crucial questions in the following article.
The owner of the disputed trade mark argued that the image of the lion should not be decisive when comparing the designations because the image had lost its distinctiveness. The Chamber dismissed this argument and stated that other cited trade marks include images of lions that are different from those in the compared designations.
This article is part of the INTA Guide: Trademark Cancellations International Practice and Procedures. To read the article, please visit applications.inta.org.
It is exactly five years since the so called "Anti-piracy Law" came into effect in Russia. For a long time Russia was the subject of reproach for not observing author's rights, and not without reason. Indeed, intellectual piracy was widespread until the year 2013 saw the implementation of legislation introducing amendments to "The Law on Information, Information Technologies and Protection of Information".
Owner of BLACK FRIDAY in Class 35 sued respondent for using 'Real Black Friday' and 'realblackfriday.ru'. First instance court found no likelihood of confusion among Russian consumers. Appeal and cassation courts held that plaintiff had abused its rights by suing respondent.
There is a Eurasian Economic Union (EAEU) embracing five countries: Belarus, Kazakhstan, Russia, Kyrgyzstan and Armenia. This is not a political but an economic association. These countries are closely linked by economic ties and there are no customs borders between them with regional exhaustion of trademark rights in their territories.
According to the Chamber of Patent Disputes, similarity between both designations was established on the basis of the similar phonetics of the word elements ONE FACTOR and UNOFACTOR which have identical end parts (FACTOR) and close sounds (O – U – E) and identical sounds (N-N) in the initial part of the designation.
The law (Article 1484) simply states that the trade mark may be used on goods, in documents, in advertisements and other material. When the issue of non-use is examined by courts, these provisions of the law are compared with what happens on the market. For the purpose of proper use, the law (Article 1486) also states that a trade mark may be used by the trade mark owner himself as well as by other people under the control of the trade mark owner.
A non-use court action is routine for the IP court. Every year several hundred cases are considered and granted. Sometimes, however, a cancellation action stumbles at unexpected obstacles.
It seems that Britney Spears, when she recorded a phonogram of the song "I Love Rock 'n' Roll never thought that one day she would be protected by Russian court.
Burburry is a most recognisable name. It’s no less familiar checkered pattern is present on many clothes and accessories. Almost as often a galloping horseman rides across the checkered pattern.
A non-use court action is routine for the IP court. Every year several hundred cases are considered and granted. Sometimes however a cancellation action stumbles over unexpected circumstances.
The Eurasian Economic Union (EAEU) is a relatively new economic union of several countries of the former USSR. The economic relations between those countries were broken and now they are taking steps to restore those relations. Currently the EAEU includes five countries: Russia, Belarus, Kazakhstan, Armenia and Kyrgyzstan.
Ramon Confectionary, a famous entity in Russia, filed trade mark application number 2013705310 in respect of goods in class 30. The application was rejected, because registration of the claimed designation as a means of individualisation of the applicant's goods claimed in the trade mark application would contradict the public interest.
Efes Breweries International NV, a famous beer company, filed a trade mark application 2014735627 for Золотая Бочка Шаболовское (Golden Barrel from Shabolovka). The patent office examiner refused the application arguing that the claimed designation could not be registered because it contained the word "Shabolovka" which is a street in Moscow. According to the examiner, the presence of this word creates associations with Moscow while the applicant is located in the Netherlands.
It is natural to expect that when a company files a patent application it wants to obtain a patent, maintain it and obtain some profit from it. Sometimes the natural course of things is disrupted.
Trade mark registrations sometimes take turns which would not be expected in the normal run of things. The trade mark owner usually registers his trade mark to sell his goods, promote his services, etc. Sometimes the infrastructure is not ready and the trade mark is not used for some time. In order that the trade mark owner should not be too relaxed there is a pike in the lake to keep all trade mark owners awake. The pike in this context is the law which allows three years of carefree existence of a trade mark.
Russian examiners did not favour confectionery. This does not mean that they are diabetics; they simply felt uneasy when an application came seeking protection for a confectionery patent for a utility model. By that time the law had been changed so that the application had to be examined in its substance not only for formal requirements.
Thanks to a constant flow of counterfeits on the Russian market, Customs has evolved into a wellregulated government machine, which is orchestrating a promising number of seizures
Sometimes it is difficult to predict which is more lucrative – to toil over a trade mark and produce goods or do nothing but sue infringers. A CJSC Renna Holdin obtained trade mark registration number 421859 for a figurative trade mark with the word element "moo cow from Korenovka" (Korenovka is the name of a village).
Sunerja filed a design patent application and obtained Patent No 65740. Dwin appealed the grant of the patent. The Chamber of Patent Disputes considered the appeal and invalidated the patent on the grounds that the subject matter of the patent had been based on information made public before the priority date of the patent. The appeal included a catalogue available in a library in an Armenian town
Vladimir Biriulin, Gorodissky & Partners, analyses a recent litigation case in Russia, in which use of photographs on a printed article came into dispute.
Every cigarette packet displays the phrase "Smoking is injurious to health", but it is unclear how many smokers quit smoking after reading it. Some years ago Russia passed a law obliging film providers to warn viewers before a film that it includes scenes of smoking tobacco. Today films contain far fewer smoking scenes, but old films are still popular in Russia, so the smoking warning appears every time that a film is shown.
The rights holder believed that his triangular trademark was confusingly similar to the stylised fish of the later trademark and filed an appeal with the Patent Office against its registration.
Usually people are concerned with what they have inside their head rather than outside. We are used to the knowledge that inventions push forward technology and open new ways to human progress. Sometimes it happens otherwise.
Pharma patents account for a large share of patent portfolios. In 2015 the government considered a draft bill on compulsory licensing of patented medicines. The bill was initiated by the Federal Anti-monopoly Service (FAS), known for its “unusual” initiatives.
A new bill seeking to introduce pre-judicial procedures before initiating a court action has been signed into law and will come into force on June 1 2016.
Nowadays a very favorable situation has come to exist for the foreign business to come to Russia. The point is that the economic sanctions imposed by some western states limit western companies’ cooperation with Russia, thus making many profitable niches ready to accept foreign investments on quite beneficial terms.
The Patent Office considered an appeal filed by Brouwerij L Huygne company, Belgium on the decision of the examiner to refuse recognition in Russia of International Registration number 1141648 for goods in class 32 and services in class 43.
The best-known involvement of the Anti-monopoly Service in IP rights is its ardent but unsuccessful support of the liberalisation of parallel imports. However, it is now targeting another issue, brushing parallel imports aside.
>A US company MD Science Lab filed a trade mark application number 2012718142 for Swiss Navy in respect of goods in class 5 (pharmaceuticals). The patent office refused the registration because the claimed designation includes the word element Swiss.
Russian laws do not exactly define the concept of ambush marketing or expressly restrict this practice, but ahead of the 2018 World Cup there is a full set of provisions that can effectively combat ambush marketing in Russia, as Vladimir Biriulin, Partner, Russian Patent Attorney, Head of Legal Practice and Sergey Medvedev, Ph.D., LL.M., Russian Patent Attorney, Senior Lawyer of Gorodissky & Partners report.
Trade secrets are a very specific form of IP right. In many cases it is relatively easy to assert a patent or trademark because the rights holder has a document issued by the government. This is not so in the case of know-how: the rights holder can rely only on his or her word and the contract.
When registering a trade mark in Russia, the question often arises whether it is worthwhile to register a Cyrillic version of the trade mark in addition to the Latin one.
The Appeal Board of the Patent Office has upheld an appeal against the refusal to register the trademark SVENSKA HANDELSBANKEN (International Registration No 1107500), filed by the Swedish company Svenska Handelsbanken АВ (publ), in respect of services in Classes 35, 36 and 45.
Trade marks for perfumes are as unique as they are important. They are different from other marks in that not only their final result is a non-material smell but also that
requirements for their ability to be registered are specific, especially those with a foreign tinge.
A CJSC Renna Holding obtained a trademark registration (No 421859) for a figurative trademark containing the word element 'moo cow from Korenovka' (Korenovka is the name of a village). The owner of the trademark subsequently initiated a court action against Kuban Korovka Ltd ('moo cow from Kuban' — Kuban is the name of a region in Russia).
The law with regard to famous trade marks is unequivocal: a trade mark may be recognised as famous if it became widely known as a result of intensive use on the date of filing the application among relevant consumers in respect of the goods of the applicant.
After the retirement of the former chief of the Federal Service of Intellectual Property (generally known as the 'Patent Office'), the position was vacant for almost a year.
Each jurisdiction has its own enforcement methods and practices, and Russia is a testament to that. Steal IP in this part of the world and you won’t forget it, says Vladimir Biriulin of Gorodissky & Partners
The German word 'Gastarbeiter' ('guestworker') has been part of the Russian language for more than a decade, as guestworkers have come to the country in large numbers to take up job vacancies requiring moderate skills.
Parallel imports have long been an issue in Russia. For some time the status of parallel imports was obscure - the courts acted erratically, sometimes ruling in favour of the trademark owners, sometimes in favour of the parallel importers. Then, in order to clarify the situation, the law was changed to state unequivocally that trademark rights were exhausted only with regard to goods sold legally in Russia. The court practice was rectified accordingly, and the courts thus ruled against the parallel importers, with some rare exceptions.
The Patent Office examined the appeal on the official action of the examiner who refused registration of a trade mark in application number 2012728603 with priority of August 17 2012 with regard to goods in class 9 and services in class 35.
An invention can be validly used by a person other than the patent owner only on the basis of a licence agreement. This is a hard and fast rule without exception. However, sometimes borderline cases occur.
The designation Terra Contes on application number 2012711660 with priority of April 4 2012 was filed in the name of a Russian company Trade House KODRU in respect of goods in class 33, alcoholic beverages.
Parallel imports can cause major problems for rights holders. This contentious issue has led to debate at both national and international level. So what is the current situation? In light of the establishment of the Eurasian Economic Union (comprising Russia, Belarus, Kazakhstan and Armenia, with more countries expected to join), some lobbyists have resurrected the debate over parallel imports.
Russian law guards the rights of performers. This general statement is echoed in the activities of a number of organosation for collective rights management.
The name of Yury Gagarin, the first cosmonaut, is known around the world, so it is unsurprising that some businesses wish to use it for their own commercial purposes.
It was a good idea to buy indulgence for sins committed in the Middle Ages. As time went on, humankind dropped the idea of buying expiation for money. However the idea survived through the ages and found a new expression in the market economy.
This has been a memorable year in the IP field as it witnessed significant reform of the Russian IP legislation. Changes of this calibre do not happen often. The IP law is set out in Part IV of the Civil Code. T
Russian law protects the rights of performers, and this policy is reflected in the activities of a number of collective rights management organisations. One such organisation is the All-Russian Society for Intellectual Property (VOIS — which is identical to the Russian acronym for the World Intellectual Property Organisation).
Elle is a familiar trade mark, perhaps even to those who do not closely follow fashion trends. It has been owned by Hachette Filipacchi Presse since 1987 (trade mark certificate 83647 in respect of goods in Class 16 ICGS — see image).
The Russian Patent Office rejected registration of a trade mark in application 2012715514 with priority of May 14 2012 in the name of a Russian company Tarantino Ltd Co. The designation is a figurative representation of the relevant name.
Strange overtones sometimes accompany intellectual property. Usually businesses register trade marks to promote their goods. In this case a Russian company filed a trade mark application for a trade mark Kennedy’s Assassin in class 41 (production and distribution of motion pictures).
The Russian IP legislation has come of age quickly. In 1992, when the first Russian IP laws were adopted, they were among the first Russian laws (the Civil Code was adopted two years later). Even though they were passed quickly, the laws were of satisfactory quality because they were based on EU law.
Nike International filed an appeal against the refusal of the Patent Office to register its mark (application number 2011725665) for class 25. According to the documents on file the claimed designation is figurative and represents a stylised head of a bull.
The State Hermitage Museum initiated a case against a Russian fashion designer alleging that the designer had used the painting Lady in Blue, by English painter Thomas Gainsborough, for commercial purposes.
From time to time people want to trade on the popularity of certain names. In this case, Businessinvestgroup, a Russian company, filed a word trade mark application (number 2012722575) for ПРОХОРОВСКОЕ ПОЛЕ (Prokhorovka Battlefield) in respect of alcoholic beverages, class 33.
«AMICO» Cjsc filed a trade mark application for a figurative designation comprising two wide intersecting lines of a red colour for goods in class 10, and services in classes 35, 37,42 and 44. Inside each line there were intersecting ovals of white colour shaped as stylised satellites orbits. The protection was sought in red and white.
It is not common that the IP story unravelsin sequels; however sometimes it has to happen. The December 2013/January 2014 issue of Managing IP carried an article which paid tribute to Gagarin’s daughter who protected her right to the name of her father.
Unlike patent trolls in the original understanding of the term, the concept of Russian trolls is tinged by national particulars. The Russian law includes patents for a utility model. This is a simplified version of inventions which is sometimes called a petty patent.
The issue of parallel imports has undergone many turns, retreats and advances over the years. The courts have issued divergent judgments and interested parties have engaged in heated arguments for and against parallel imports. At last, the courts have reached a logical conclusion: rights holders must have full control over the use of their trademark in Russia.
Last year was a good one for rights holders: many of the issues they faced were resolved, and intellectual property remains strong. In Russia, the number of patent and trademark applications is on the rise. Although complete statistics are not yet available, the activity of the Patent Office can be assessed based on the figures for the first three quarters of 2013.
Tablet computers are now popular everywhere. It is clear that they have the same outward appearance and cannot be otherwise. Nevertheless, Apple filed for a 3D trade mark reproducing the shape of IPad in Russia.
At last it has happened. The organisation of an IP court in Russia was discussed for a number of years. Convincing arguments were put forward in favour. However despite the fact that no opposition was put forward, the process of taking decisions and actual organisation of the court was not hurried.
An applicant recently filed a trade mark application for ПУШКИНЪ (Pushkin) to provide catering services. The claimed designation is an oval figure reminiscent of a frame of a painting or a mirror encircling the word element ПУШКИНЪ.
As we get closer to Christmas we receive unexpected gifts from the Chamber of Patent Disputes. Back in October 2010 A Livensk Confectionary (named after a small town of Livny some 400 miles south of Moscow) filed a trade mark application for Christmas Lamb for goods in Class 30.
IP owners hope that Russia’s planned IP court will help them enforce their rights more effectively. But recent rulings on parallel imports and damages have also made their job easier.
Vladimir Biriulin and Evgeny Alexandrov of Gorodissky & Partners explain to Simon Crompton the impact of Russia’s new IP court, the Customs union and other factors on trade marks in the country
The Chamber of Patent Disputes recently examined a conflict involving a Russian food product and a French name. The conflict was over a trade mark application for the designation Версаль (a well-known Russian translation of the word Versaille) in the name of a Siberian dairy producer in the city of Irkutsk in respect of goods in class 30 («dressings including mayonnaise»).
The word Bourbon has a broader application than you might think. It is not always connected with Bourbon County in Kentucky or, going deeper into the past, the royal family in France. The word Bourbon has also always been used to designate other goods. So much so that it has led to conflicts in the market. One recent conflict came up in the case Ipanema Bourbon v Caffe Bourbon in 2010.
An applicant recently filed a trade mark application for Библейский Хлеб (Biblical Bread) in Cyrrilic. The Patent Office rejected the application, the decision was appealed at the Chamber of Patent Disputes and the Chamber sided with the examiner of the Patent Office.
A Russian applicant filed a trade mark application on January 18 2010, in Classes 35 and 36, for a blue oval with 10 stars along the periphery and word elements Coast Line (stylised) and Real Estate in European Countries (in Cyrillics).
Russian law enforcement has stepped up its efforts to fight counterfeiting over the past few years, with trademark owners able to draw on a range of enforcement options
Perhaps it is a hangover of years past, but many people still think that a product in a foreign package looks more attractive and is of a better quality than that contained in a domestic one. This is why some applicants file for trade marks in Latin characters.
Mothers in law inspire many stories. And while the relations between the members of a household are always a very intimate thing, relations between a mother in law and a son in law are a particular phenomenon. Suffice it to say that the internet contains a voluminous site dedicated to stories about mothers
In many cases comparative advertising is lawful, but the law demands that an advertisement be authentic. Advertisers should therefore be careful when stepping into this arena
French emperor Napoleon could hardly have predicted that the battle he fought near the small Russian village of Borodino in 1812 would have repercussions through the centuries and in fields completely unrelated to warfare.
The corporation of the President of The Church of Jesus Christ of Latter-day Saints filed a trade mark application for exactly that, Church of Jesus Christ of Latter-day Saints, but was rejected by the Patent Office
If you think that you see a dog in the picture you are wrong. This is a patent. Plant varieties and animal breeds are on the periphery of intellectual property. Patents are most immediately associated with inventions, designs and utility models. Indeed, trade marks and patents are registered in thousands and laws and regulations are mainly focused on those areas.
The world now frowns at smokers. Yet Russia remains one of the countries with the highest smoking rate. Many tobacco companies have a presence in Russia and strive to strengthen their hold on Russian smokers. Philip Morris is one such company. It filed to register the figurative trade mark.
An individual entrepreneur filed an application for a trade mark Napoleon (application number 2007736513/50) which in itself seems strange. The entrepreneur resided in a far away town of Kirov, which is not known for any French connections.
In September 2010 Russia’s High Arbitrazh Court submitted to Parliament a draft bill which provided for the creation of an Intellectual Rights Court, scheduled to arrive by 2012. In the meantime, rights holders have a range of options for enforcing their rights
Writer Dostoevsky would have hardly experienced any problems with trade marks during his life. In fact, one is unsure whether trade marks had any commercial value in those times in Russia. But now his name has come up in a trade mark problem before the Chamber of Patent Disputes.
It is hard to imagine that anyone would attempt to cancel the Teflon trade mark in Cyrillic (TEOJIOH) as not being used on the Russian market. But someone did. This was Pilot Ltd, a large Russian trading company. It was selling kitchenware and filed a cancellation action against the trade mark TEOJIOH (registration number 140510) with the Russian Chamber of Patent Disputes.
The word Intel looks very attractive for a trade mark. It implies intelligence because the reader will easily guess the second part of the word, and it is read and pronounced easily. So sooner or later it was going to happen
There is a famous producer of non-alcoholic drinks and alcoholic cocktails in Russia called Borodino Holding. It filed trade mark application 009701614/50 in respect of the goods in Classes 32 and 39 for the mark «I’ll Take Manhattan»
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