There exists in Russia a trade mark Jubilee (number 126030) registered for biscuits. As a person moderately advanced in age, as far as I can remember Jubilee biscuits have accompanied me and other people in Russia all our lives. The history of the biscuits in Russia certainly dates back over a century. Most probably, the product was launched in 1913 to commemorate the 300th anniversary of rule by the Romanov family (the Russian czars until the Bolshevik Revolution in 1917). Surprisingly, despite bearing such an anticommunist name, the biscuits survived through the decades and became one of the most popular brands in Russia.

The producers of the biscuits, riding on their popularity, and wishing to develop the success of the brand, applied for the recognition of the trade mark as a well-known mark. The issue was examined by the Chamber of Patent Disputes. The Chamber stated that the documents submitted by the trade mark owner (history of the biscuits, volume of production, proceeds from sales) do not contain information on the use of the specific trade mark registered under number 126030.

The Chamber pointed out that the applicant, aside from the trade mark number 126030 also owned 18 trade marks in total, including numbers 191727, 181548. All those trade marks include the word element Jubilee, though the word itself is made in different fonts and in different colours. The Chamber also noted that the submitted documents do not confirm that specifically the trade mark under registration number 126030 acquired greater popularity among the Russian people.

The Russian trade mark law recognizes that a trade mark is used if it is used with modification of some of its elements which do not alter the essence of the mark and perception of the mark by the consumers. However, the Chamber when deciding the matter of the well-known character of the mark proceeds from the conviction that the trade mark should be used exactly as registered, that is without any modification.

Trademark number 126030 was wisely registered without the indication of the colour scale. It is entered into the State Register in black colour and in ordinary font in capital letters. Hence the Chamber did not recognize the use of the mark when it was used in small letters of red colour and similar variations.

As the saying goes: live a century, learn a century. Sometimes the reality (supposedly the decision of the Chamber of Patent Disputes) is larger than life. Or, perhaps the members of the Board of the Chamber of Patent Disputes live in a different world and do not eat biscuits?

Vladimir Biriulin

Gorodissky & Partners
Russia 129010, Moscow
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25, stroenie 3
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