Legal protection of three-dimensional trademarks: comments of the Senior Partner at «A.Zalesov & Partners» Patent & Law Firm Irina Ozolina for Garant.ru portal

The «Advocate Newspaper published an article by Irina Ozolina - «On the abuse of right in trademark disputes».

On June 28, 2022 Federal law No. 193-FZ «On the amendments to Part Four of the Civil Code of the Russian Federation» (in part of the expansion of the list of trademark owners) was published.

On June 28, 2022, the President of the Russian Federation Vladimir Putin signed a law removing for 2022 resposibility for the use of the results of intellectual activity expressed in goods included by the Ministry of Industry and Trade in the list of products that may be imported into Russia without the permission of the right holder.

Rospatent rendered a decision to grant protection to a trademark under application No. 2020719894 in respect of a part of claimed goods of one class of ICGS since the remaining part was considered confusingly similar to a number of designations of other trademark owners.

Rospatent refused to grant protection to the trademark of our client claiming that the figurative element of the designation is similar to the emblem of The International Committee of the Red Cross and referring to the presence of an earlier registration recognized as similar to the claimed designation. Our experts successfully overcame the opposition of an earlier trademark by referring to an earlier conventional priority of the client’s application.

The annual WIPR Leaders handbook has been published, featuring top intellectual property experts from around the world.