Trademarks and service marks, geographical indications and appellations of origin of goods

Question 1

three-dimensional signs

Answer 1

Трехмерные знаки

Question 2

Designation

Answer 2

Обозначение

Question 3

extensive prefiling use of trademark

Answer 3

Широкое использование товарного знака до подачи заявки (до регистрации)

Question 4

acquired distinctiveness

Answer 4

Приобретенная различительная способность

Question 5

Objections against granting registration

Answer 5

Возражения против регистрации

Question 6

A coexistence agreement

Answer 6

Соглашении о сосуществовании товарных знаков

Question 7

A provisional refusal

Answer 7

Предварительный отказ

Question 8

term of trademark protection

Answer 8

Срок правовой охраны ТЗ

Question 9

Trademark protection may be terminated upon a request from an interested party

Answer 9

Срок правовой охраны ТЗ может быть досрочно прекращен по требованию заинтересованной стороны

Question 10

A request for non-use cancellation

Answer 10

Требование о досрочном прекращении в связи с неиспользованием

Question 11

consecutive three-year period

Answer 11

Непрерывный трехлетний период

Question 12

as of the date the cancellation request is filed

Answer 12

На дату подачи требования об аннулировании

Question 13

famous/well-known trademarks

Answer 13

Широко известные ТЗ

Question 14

How are famous/well-known trademarks protected in Russia?

Answer 14

Extensively used trademarks and unregistered designations may be recognized as well-known marks in Russia. Legal protection of a well- known trademark is perpetual, retrospective and under certain circumstances not limited to the goods and services for which the registration was originally granted.
Therefore, the procedure of recognizing a trademark as well-known may be used in order to ban the use of identical or confusingly similar trademarks owned by third parties for other goods and services, without the necessity to have the renowned trademark registered in all classes of goods, thus risking cancellation based on non-use.

Question 15

perpetual trademark protection

Answer 15

Бесконечная охрана ТЗ

Question 16

the procedure of recognizing a trademark as well-known

Answer 16

Процедура признания товарного знака общеизвестным

Question 17

confusingly similar trademarks

Answer 17

Схожие до степени смешения ТЗ

Question 18

What is appellation of origin?

Answer 18

An appellation of origin of goods is a designation constituting or containing a current or historical denomination of a country, settlement, locality or other geographic unit (“geographic unit”) or a derivative of such denomination that has become known as a result of its use with respect to goods whose specific features of which are mainly or exclusively determined by natural conditions or human factors that are characteristic of such geographic unit. An appellation of origin is protected only if all stages of the production of a product are carried out on the territory of a given geographic unit, and it has a significant impact on the formation of characteristics of the product.

Question 19

historical denomination

Answer 19

Историческое наименование (обозначение)

Question 20

geographic unit

Answer 20

Географическая единица

Question 21

What is geographical indication?

Answer 21

A geographical indication is a designation that identifies a product originating from the territory of a geographical object, a certain quality, reputation or other characteristics of which are largely related to its

Question 22

are largely related to

Answer 22

В значительной степени связаны с

Question 23

How to obtain protection for an appellation of origin and a geographical indication and the right to use them?

Answer 23

Legal protection is given to an appellation of origin of goods and a geographical indication based on their registration with Rospatent. An appellation of origin of goods or a geographical indication may be registered in the name of one or more persons (individuals, legal entities, associations, unions, etc.). The person who has duly registered an appellation of origin of goods or a geographical indication obtains the right to use such item provided that the goods manufactured by such person satisfy the criteria mentioned above.
The appellation of origin and the geographical indication are protected for 10 years from the date of filing the application. The appellation of origin and the geographical indication, registered in accordance with an international treaty to which Russia is a party, are protected for 10 years from the date of the decision on granting legal protection in the Russian Federation. The appellation of origin and the geographical indication may be renewed for a subsequent 10-year period if the rights owner proves that it produces goods with relevant specific features within the relevant territory.
The owner may not grant licenses for use or assign rights to use of the appellation of origin of goods or the geographical indication.

Question 24

An appellation of origin of goods or a geographical indication may be registered IN the name of one or more persons

Answer 24

НМПТ или ГУ может быть зарегистрировано НА имя одного или нескольких лиц

Question 25

duly registered

Answer 25

Зарегистрированный должным образом

Question 26

abuse of rights

Answer 26

Злоупотребление правами

Question 27

What is a company name and how it is protected?

Answer 27

Company names are designations that identify or distinguish different legal entities when conducting their commercial activities. The Civil Code and the Paris Convention for the Protection of Industrial Property, to which the Russian Federation is a party, provide legal protection for company names.
Under Russian law, only commercial legal entities have the right to company names; non-commercial organizations cannot protect their names directly as company names, but can enforce their rights to an organization name by virtue of protecting it as a trade name or by general provisions on unfair competition or abuse of rights.
In the Russian Federation, a company name consists of two parts: the indication of a legal form and the distinctive name of the company. A company may use the official name of the Russian Federation or any words derived therefrom in its company name only with the consent of the Russian government.
The right to a company name arises automatically from the moment of state registration of the legal entity in the Unified State Register of Legal Entities (the “USRLE”).

Question 28

To enforce rights

Answer 28

Защищать права

Question 29

What constitutes use of a company name?

Answer 29

The owner of a company name is allowed to use its company name exclusively and prohibit others from its unauthorized use.
The owner of a company name may not alienate its company name or grant the right to use it to another person.
A legal entity may not use a company name that is identical or confusingly similar to the company name of another legal entity if both entities are engaged in similar business activities and the company name of the former legal entity has been incorporated into the USRLE prior to the state registration of the latter. A legal entity illegally using the company name of another legal entity is obliged to cease such use at the request of the company name owner and compensate for any losses caused.

A company name owner may use its company name or its individual elements as part of its trade name or trademark (service mark) belonging to the company name owner. A company name incorporated into a trade name or a trademark (service mark) is protected regardless of the protection of the trade name or the trademark itself.

Question 30

What is a trade name?

Answer 30

The Civil Code protects trade names. Part IV of the Civil Code contains a special section concerning the legal protection of trade names. Trade names (so-called commercial designations) are designations that individualize trading, industrial or other types of enterprises owned by legal entities and individual entrepreneurs.
Trade names differ from company names in that they do not require registration and are not subject to obligatory incorporation into the corporate documents of the trade name owners.
The scope of protection of a trade name used for the purpose of the individualization of an enterprise located in the Russian Federation is limited to the territory of the Russian Federation.

Question 31

What constitutes the right of use of a trade name?

Answer 31

The owner of a trade name enjoys the exclusive right to its trade name and may use it by any lawful means. The exclusive right to a trade name arises if the designation that is used as a trade name possesses sufficient distinctiveness and its use has become well known within a certain territory.
An exclusive right to a trade name terminates if the owner of the trade name fails to use it during a continuous one-year period. A trade name owner may grant the right to use its trade name to another person only under a lease of enterprise agreement or a franchising agreement.