Brand name disputes
Brand name disputes
Why
Brand names are one of the key means of individualization, along with trademarks and commercial designations. The firm name is a designation under which a legal entity carries out its activities. Any legal entity must have a name and register it in the unified state register of legal entities.
For whom
Sometimes, the brand names of some entities are in conflict with the brand names and/or other means of individualization of third parties.
Our team provides support both to legal entities in the course of protecting their brand names, and to those clients who have received ungrounded claims in violation of other people's rights.
Our team provides support both to legal entities in the course of protecting their brand names, and to those clients who have received ungrounded claims in violation of other people's rights.
Details
If brand names individualize the legal entity itself, then trademarks serve to individualize the goods and services of legal entities and individual entrepreneurs. Trademarks are subject to state registration with Rospatent. As for commercial designations, they are not registered and, under certain conditions, are considered to individualize trade, industrial and other enterprises (shops, beauty salons, pharmacies, etc.).
The trade names of certain entities may be illegally used in the trade names of third parties. In addition, these three types of means of individualization may be in conflict with each other (for example, the corporate name of one entity may be registered by a third party as the trademark). In each dispute, the provisions of the legislation on specific means of individualization must be applied and the factual circumstances must be carefully analyzed.
The trade names of certain entities may be illegally used in the trade names of third parties. In addition, these three types of means of individualization may be in conflict with each other (for example, the corporate name of one entity may be registered by a third party as the trademark). In each dispute, the provisions of the legislation on specific means of individualization must be applied and the factual circumstances must be carefully analyzed.
1252Note. According to Article 1252 of the Civil Code of the Russian Federation, if various means of individualization turn out to be identical or similar to the point of confusion and as a result of such identity or similarity consumers and/or counterparties can be misled, the means of individualization, the exclusive right to which arose earlier, takes precedence.
Services
News and publications
07/10/2020
WIPO Discussion on Artificial Intelligence
On July 7–9, 2020, the second round of the World Intellectual Property Organization Discussion on the Role of Artificial Intelligence in Determining Intellectual Property Policy was held.
01/22/2020
Tobacco Company Trademark Infringement Dispute
Svetlana Uskova gave comments to Delovoy Peterburg on the dispute between two tobacco companies — Petro LLC (St. Petersburg) and Samarin LLC (Moscow).
05/12/2019
Use of geographic names in the registration of trademarks
By the Resolution of the Presidium of the Court for Intellectual Property Rights (SIP) dated 12.09.2019 No.SP-21/31, a Review on SIP practice on issues related to the use of geographical names in the registration of trademarks was taken into account.