Zuykov and partners has achieved the recognition of the ads "on the registration of a trademark in one day" violating the requirements of the federal law "On Advertising"
By the decision of the Office of the Federal Antimonopoly Service for the Moscow Region dated July 5, 2022 in case No. 050/05/5-915/2022, the application of Zuykov and Partners LLC for the recognition of contextual advertising was satisfied "Register a trademark in 1 day!" redirecting to the fortum.site that does not meet the requirements of paragraph 2 of part 3 and part 7 of article 5 of the Federal Law of March 13, 2006 No. 38 - FL "On Advertising".
According to the position of Zuykov and partners, the advertisement is made in such a way that a potential consumer gets an erroneous impression that it is possible to register a trademark in one day. In reality, according to the current legislation, it is impossible to register a trademark in less than 2 months.
In the course of the case advertiser IP Shchedrin A.A. explained that in advertising the heading “register a trademark in 1 day” implies the registration of an application (issuance of a priority certificate certifying the priority of a trademark). When issuing a certificate, the date of registration of the application is indicated.
The Commission found that, in accordance with clause 13 of the Order of the Ministry of Economic Development and Trade on the Approval of the Administrative Regulations, the term for the provision by Rospatent of the service for state registration of a trademark (in terms of accepting an application, registration, examination of an application and issuing a certificate) is 18 months and 2 weeks. The date of registration of a trademark is the date of entering the trademark in the State Register of Trademarks.
Thus, the headline of the advertisement "register a trademark in 1 day" misleads consumers of advertising about the real term of registration. The case materials were handed over to an authorized official of the Department of the Federal Antimonopoly Service of the Moscow Region for consideration of the need to initiate proceedings on the grounds of a violation of Part 1 of Article 14.3 of the Code of Administrative Offenses of the Russian Federation.
Also, by the decision of the Office of the Federal Antimonopoly Service for the Republic of Bashkortostan dated 07/08/2022 in case No. 002/05/5-1087/2022, the application of Zuykov and Partners LLC for the recognition of contextual advertising "Trademark registration in 24 hours", redirecting to the web page help-delo.ru, inappropriate, since it violates the requirements of paragraph 2 of part 3 and part 7 of article 5 of the Federal Law of March 13, 2006 No. 38 -FL“On Advertising”.
According to Zuykov and partners, the Trademark Registration in 24 Hours advertising is designed in such a way that a potential consumer gets an erroneous impression that it is possible to register a trademark in 24 hours.
The decision of the commission on the case notes that the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.2012 N 58 “On Some Issues of the Practice of Application by Arbitration Courts of the Federal Law “On Advertising”” stipulates: the information contained in the advertisement must meet the reliability criteria, including for the purpose of forming consumers have a correct idea about the product (service), its quality, consumer properties. The consumer is not obliged to analyze the advertisement, verify the reliability and sufficiency of the information stated in it. The Law on Advertising prohibits in advertising to keep silent or improperly convey information that would change the perception of consumers about the product, about the conditions for its purchase or use, created by the advertisement.
The Company "Business Support Center" did not provide documentary confirmation of the information indicated in the advertisement, the fact of the offense is not disputed.
The case materials were handed over to an authorized official of the Office of the Federal Antimonopoly Service for the Republic of Bashkortostan to initiate an administrative offense case under Article 14.3 of the Code of Administrative Offenses of the Russian Federation in relation to Business Support Center LLC.