Dispute over «Drink less» slogan

In Russia, the common expression «Drink less» pronounced with a reproachful intonation is not just a word combination but a popular saying. It has a humorous and piquant connotation directed to a friend meaning that he perhaps has drunk enough. Russia is by no means the only country where allusions to drinking alcohol are popular. There are many sayings in English, such as «drink less for more success; drink less, miss less; more drinking, less thinking». However these sayings are more didactic than humorous, which distinguishes them from the Russian expression.

A Russian pharmaceutical company filed a trade mark application (number 2009704029/50) in 2009 for the slogan Drink Less for goods in class 5. The application was limited to pharmaceutical preparations only. The examiner rejected the application and the decision was appealed to the Chamber of Patent Disputes. The Chamber supported the decision of the examiner; however the reasoning needs to be explained.

The Chamber of Patent Disputes pointed out that the phrase «drink less» is a simple statement giving a recommendation with regard to the due behaviour of the patient (they did not explain why «patient» rather than «person»). In this connection the phrase does not possess sufficient properties for remembering and reproduction as a means of individualisation. Examination of the designation and of the documents submitted by the applicant showed that it was a citation from the famous Russian motion picture «The Irony of Fate».

It becomes clear from the context that the protagonist of the film suffers negative consequences from alcoholic inebriation. He understands that he is not right and reproaches himself: «One should drink less!» Thus he shows his attitude to the consumption of alcohol and is conscious of his behaviour. The phrase caught on, became popular and its sense is evident to the consumer. Hence the gist of the phrase is that it is harmful to consume alcohol beyond measure. This leads to the conclusion that pharmaceutical products of class 5 that include preparations for treatment of alcoholism will point to the destination of the preparations.

Registration of the phrase will contradict public interests and moral principles because it describes the behaviour of the protagonist of the film, contradicting commonly accepted patterns of behaviour. In fact the purpose of the pharmaceutical preparation is prophylaxis and treatment of the disease and so the claimed designation may be perceived as deprecatory with regard to the patient.