Distinctiveness of trademarks: the latest trends and developments in Russia By Alexey Kratiuk: Distinctiveness is a crucial criterion for trademark registrability in Russia, as in many other jurisdictions. Russian law requires that a trademark must possess a distinctive character to be registered. This article, written by Alexey Kratiuk, Partner and Head of the Trademark Department at Gorodissky & Partners, explores the latest trends and developments in the distinctiveness of trademarks in Russia.
In Russia, trademarks are refused protection if they lack distinctive character. Simple letters, non-stylised letter combinations, basic geometric shapes, and descriptive signs related to goods' characteristics are typically deemed non-distinctive. Additionally, non-traditional marks like shape or design marks face stringent scrutiny, especially if the shape is functional or represents a realistic product depiction.
Russian law allows inherently non-distinctive signs to be protected if they have acquired distinctiveness through intensive use in the market. Brand owners must provide substantial evidence, such as sales data, promotional materials, and consumer surveys, to demonstrate that the mark is perceived by consumers as a unique identifier of their products. However, proving acquired distinctiveness is complex and requires thorough documentation.
A notable case involving the BIC pen design highlights the challenges of proving distinctiveness. Despite the brand's global recognition, Russian authorities refused registration of the pen's 3D shape as a trademark, citing its functional nature and lack of unique decorative elements. Similarly, another case involving the Savencia cheese brand's label faced refusal due to the dominance of non-distinctive elements. These cases illustrate the stringent standards applied by Russian authorities and the necessity for comprehensive evidence.
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The registrability of both traditional and non-traditional marks depends on meeting the distinctiveness criterion, whether inherent or acquired. The latest trends in Russian trademark practice underscore the importance of presenting compelling evidence of distinctiveness and understanding the nuances of local regulations. Brand owners must be prepared to navigate these complexities to achieve successful trademark registration.
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Distinctiveness remains a fundamental aspect of trademark registration in Russia. While inherent distinctiveness can be challenging to establish, acquired distinctiveness through intensive market use is a viable pathway, albeit requiring robust evidence. Understanding and adapting to the latest trends and legal standards is crucial for brand owners seeking trademark protection in Russia.
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