Russian filings for well-known trademarks will be denied in Rospatent

It was reported that since mid-March, more than 50 applications for the registration of well-known international brands from Russian businesses and individual entrepreneurs have appeared in the Rospatent register. They pretend for Apple, IKEA, Skoda, Nestle, and other brands that have announced their temporary withdrawal from the Russian market. Some of them, such as cosmetics manufacturer Smart Beauty, even intended to copy the trademarks of Nivea, Clarins, and Loreal Paris.

Rospatent notes that each such application undergoes examination. And if a trademark is similar in name and logo to a well-known one, then the applicant will be denied registration.

Despite the position of Rospatent, there are still workarounds, says Sergey Zuykov, managing partner of Zuykov and partners: “The only foundation is to pass a law that will allow canceling all the trademarks of unfriendly countries. In that case, there will be no obstacles in the registration of newly declared marks. At the moment, all US companies are prohibited from making any payments to Russia. In the next six months or a year, Americans will not be able to carry out any actions with their trademarks in Russia. If the validity period of their trademarks expires, they may be canceled.”

Lawyers also point out that although it is possible to file an application without paying a fee, the following formal examination requires a substantial sum of money (non less than tens of thousands of roubles). If a trademark application is unlikely to be approved, applicants tend to withdraw their applications.

Source: Kommersant Publishing House