Nanotechnology has sparked activities in seemingly unrelated fields. The Patent Office faced a growing number of applications claiming trade marks that incorporate the word "nano". The businesses try not to be behind the time and swarm to stake a claim to anything nano. The number of nano trade marks is about or more than 400 and almost all of them have been registered in the recent past.

So far the Patent Office does not ask applicants to prove that the products that are going to be marked are somehow related to nanotechnologies. For example, there exists a trademark Nanoremont (Nanorepairs) in respect of lubricants and other similar products. It is possible that such trade marks are inspired by the services one may encounter in the streets of Moscow, such as "nanopolishing" for cars.

There is a trade mark Nanoconditioner (air?). Otherwise it is reminiscent of homeopathic treatment of inanimate things. One of the staff of the Rosnano Corporation (a governmental corporation headed by Anatoly Chubais) admits that in many cases the applicants include the word nano into the trade mark for marketing purposes. This may compromise the idea of nanotechnology, especially if the product is not of good quality. This can only be fought by introducing stringent standards. Such standards are being developed by Rosnano and it is expected that before the end of 2010 there will be more than 20 standards defining what nanoproducts are.

When that is done, the use of the word nano in trade marks will become impossible if the product does not carry any properties related to nanotechnologies. Today everything that is connected with the word nano is perceived by the consumer as something that implies good quality and cutting-edge technology so the use of the word has much importance in advertising.

There has not been a conclusion as to the strength of this additive to the trade mark though many experts believe that this word will be perceived as descriptive, and as such will be exempted from protection. In fact, it is a technical term and it should not be possible to limit its use.

So far however the nanomarks flourish and cover all kinds of goods including those that by no means need a magnifying glass to view them.

Vladimir Biriulin

Gorodissky & Partners
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