Application for registration of the trademark "I am Russian": opinions of patent attorneys

Source: RBC

On October 16, it became known about the application for registration of the trademark "I am Russian", which was submitted by Yaroslav Dronov, known as the artist Shaman. Experts believe that registration, especially in a class involving the production of alcohol, is likely to be impossible due to the confusingly similar name "Russian Vodka".

The press office of the artist said that it is too early to talk about the release of products. At this stage, it is about ensuring that no one else can use the name of the Shaman song "I am Russian" as a brand.

According to Olga Plyasunova, patent attorney of the Zuykov and partners law firm, signs with the word "Russian", especially for alcoholic beverages, are not registered now. "As far as I know, the copyright holder keeps very close track of all trademarks. If he sees any signs with the word "Russian", he even submits an objection to the Chamber for Patent Disputes, after which, as a rule, Rospatent terminates the legal protection of these signs," commented Plyasunova.

Olga Plyasunova notes that in the case of the trademark of the artist Shaman, most likely, everything will follow the standard path, that is, brand registration will have to be refused.

"There are no direct restrictions on the registration of the word "Russian" as a trademark or a phrase with this word. There are plenty of examples of registered trademarks with the word "Russian". But with regard to goods of class 33, there may be quite real problems here, since such a sign will be confusingly similar to another object of territorial property, namely the name of the place of origin of goods "Russian Vodka," commented Grigory Busarev, Director General of the Artpatent agency, patent attorney.

Source: Izvestia

The trademark "I am Russian," which the author and performer SHAMAN decided to register, does not have a distinctive ability and does not characterize the declared goods; therefore, it cannot be registered. Sergey Zuykov, patent attorney and managing partner of Zuykov and partners, expressed this opinion in an interview with Izvestia.

"I believe that such a trademark cannot be registered, since it does not have a distinctive ability, does not characterize the declared goods and does not indicate their place of origin and production. Registration of such words is allowed only as an unprotected element, for example, if there is an image element in the trademark applied for registration," the lawyer expressed his opinion.

According to him, registration of such a trademark is possible for a very narrow list of services related to musical activities and the organization of concerts. Zuykov advised SHAMAN to apply for registration the phrase "SHAMAN I am Russian" for the rest of the list of declared goods.