After the recent release of the Boy’s Word, a famous Russian criminal drama series, the Russian PTO has been receiving an avalanche of related trademark applications. Some quick-witted business people looking for fame disregard the requirements of the Russian IP laws and infringe upon author’s rights of the trademark owners by using brand names and slogans from the series in connection with products offered for sale by them at marketplaces. Especially popular are t-shirts with the phrases “Boys don’t say “sorry”, “Busy and important” and “Not a sucker”. For those who are not taking risk and wishes to act within the law, registration of a famous designation as a trademark will be a tricky task.
Dmitry Markanov, Managing Partner of PATENTUS, believes that one should not expect that such registration will be granted to such trademark applications.
“Registration will be refused with respect to all such applications. The reason will be earlier author’s rights with respect to the title of a famous work. This means that the registered brand, such as cologne water, sneakers or food products may be associated with the owner of earlier author’s rights”, said Dmitry on air to the Russian radio broadcasting station Kommersant FM.
It is critical that the Russian PTO takes this point into account and refuses registration, arguing that such trademark registration may be confusing to consumer.
On the balance, one can make a conclusion that not always can business people implement what they want within the frames of law and, what is more important, not every designation can be registered as a trademark even if it is a loud name due to its popularity.
