Registration of a Pseudonym as a Trademark

Creative people often use pseudonyms to identify themselves. A pseudonym is a fictitious name that is used by a public person in their activities. As a rule, pseudonyms have a bright character, sonority, allowing you to quickly remember it. Such a name is associated with a specific person, and sometimes it is even difficult to assume that it is not real.

According to paragraph 1 of Article 1265 of the Civil Code of the Russian Federation, "The right of authorship is the right to be recognized as the author of the work and the author's right to a name is the right to use or allow the use of the work under his own name, under a fictitious name (pseudonym) or without indicating the name, that is, anonymously, inalienable and non-transferable, including when transferring to another person or transferring to him the exclusive right to the work and when granting another person the right to use the work."

Anyone can use a fictitious name (pseudonym) in creative activities. In addition, there are no restrictions on the number - one person can have several pseudonyms, for example, for different areas of his creative activity. Choosing a pseudonym is an absolutely creative process that has no boundaries and no rules. Let's consider interesting examples of registration of pseudonyms as trademarks.

It can be noted that representatives of the creative environment, show business, and bloggers resort to such registration.

Registration is carried out both for the owners of the pseudonyms themselves and for the production centers, labels in which they are members.

In this context, it should be noted that from June 29, 2023 – the date of entry into force of No 193-FZ, individuals have the opportunity to register trademarks for themselves (previously, the option was available to individual entrepreneurs and legal entities).

In the process of registering a pseudonym as a trademark, it may be necessary to prove distinctiveness. To do this, it is necessary to demonstrate active activities under it - as a documentary base, you can present publications in the media, published works, recordings of speeches, interviews, information about advertising campaigns, and other materials that will demonstrate recognition under this pseudonym, as well as documentary evidence of the applicant's connection with the registered pseudonym.

Subparagraph 2 of Clause 9 of Article 1483 of the Civil Code of the Russian Federation contains a rule according to which designations identical to the name, pseudonym or designation derived from them cannot be registered as trademarks without the consent of this person or his heir. Thus, if a pseudonym is registered in the name of another person, for example, in a production center, a written permission for such registration will be required from the person who owns the creative pseudonym.

Examples of registered pseudonyms include representatives of various areas of show business, for example:

• Egor Nikolaevich Bulatkin is the owner of the trademark “Yegor Creed” according to the certificate No 602864. At the same time, initially this mark was registered to the Black Star Music Label. In 2019, an alienation agreement was registered with Rospatent, as a result, Egor Bulatkin, who owns the creative pseudonym, became the copyright holder. This trademark is registered for cosmetic products, clothing, accessories, and entertainment services. Yegor Creed did not stop at one trademark, and periodically registers new trademarks, for example, by certificate. № 835770.
• Matvey Alexandrovich Melnikov, known as the singer "MOT", is the owner of the trademark according to the certificate No 592366. As in the above example, initially this mark was registered on the Black Star Music Label.

Speaking about the Black Star, it can be noted that a large number of pseudonyms of musicians are registered to this company, including, for example: "Natan" (according to the certificate No.586116), whose real name is Alisher Mirzokhonov, "Klava Koka" (according to the certificate No.796722) is the pseudonym of the singer Klavdiya Vysokova, "Misha Marvin" (according to the certificate No.673483) is the pseudonym of the singer Mikhail Reshetnyak, etc.

• Grigory Viktorovich Lepsveridze, known as singer Grigory Leps, registered the trademark "Grigory Leps" under the certificate No.345566 for a wide list of goods and services, including cosmetics, jewelry, clothing and footwear, accessories, musical instruments, food, drinks, restaurants, medical services.
• Vasily Mikhailovich Vakulenko conducts creative activities under several pseudonyms, which he registered as trademarks "Basta" according to the certificate No.657729 and "Noggano» according to the certificate No.655705.
• Prytkov Danil Sergeevich, known as the singer "NILETTO", registered his pseudonym according to the certificate No.655705.
• Dzyuba Anna, who performs under the creative pseudonym "Anna Asti» registered a trademark under the certificate No.894956 for cosmetics, jewelry, costume jewelry, clothing, accessories, entertainment services, restaurants, beauty salons.
• Singer and showman Timur Rodriguez registered a trademark under his pseudonym (No.1076130), the owner of the mark is Kerimov Timur Mikhailovich (real name).

Television and radio presenters also register their pseudonyms, for example:

• TV and radio presenter Tutta Larsen (real name Tatyana Anatolyevna Romanenko) registered her pseudonym as a trademark, certificate No.458414. The mark is registered for an extensive list of goods and services, for example, cosmetics, clothing, toys, jewelry, radio broadcasting, show programs. 
• TV presenter and celebrity astrologer Vasilisa Volodina registered the trademark of the same name on the certificate No.460152. Copyright holder is Naumova Elizaveta Vladimirovna, and this is her real name.
• Irina Vladimirovna Godizova, better known as TV presenter and blogger Irena Ponaroshku, registered her pseudonym (certificate No.1061287).
• TV presenter and actor Kharlamov Igor Yurievich is the copyright holder of trademarks for his creative pseudonym "Garik Kharlamov" (No.746049, No.834855.

It is also common among writers to register pseudonyms, for example:

• Alekseeva Marina Anatolyevna is the owner of the trademark “Alexandra Marinina” according to the certificate No. 249058. This mark is registered for books and services in the field of publishing.
• Rezepkin Oleg Yuryevich, known as Oleg Roy, is the owner of the trademark on his creative pseudonym (certificate No. 634819).

The above list is only a small part of the examples of pseudonymous registrations. When registering a trademark and choosing goods and services, many representatives of the creative environment do not limit themselves to their main activities, and register marks for other goods/services that they can produce/provide. Among the popular categories are cosmetics, clothing, accessories, cafes and bars, entertainment services. Having a high degree of popularity and recognition among its audience, the success of selling goods under your pseudonym will not be long in coming. In addition, even if the owner of the pseudonym himself does not produce any goods in respect of which his mark is registered, he can enter into licensing agreements with various companies.

Registration of pseudonyms as trademarks is widespread among representatives of show business, people from various creative fields. The exclusive right to a pseudonym allows its copyright holder to freely use his creative name, prohibit its use by third parties or allow such use - for example, create collaborations with well-known brands, which will also form a stable image and attract a new audience.