Among non-registrable designations the Russian Trade Mark Law operative until January 1 2008 (and possibly the laws of the other countries) mentions the official names and images of exceptionally valuable cultural heritage objects of the Russian Federation. In this regard it is interesting to study a recent decision of the Chamber of Patent Disputes of the Russian PTO. The case concerns the cancellation of the Russian word trade mark Baikal, registration number 297,460. Baikal is a lake in Siberia characterized by exceptional natural properties. It is a unique ecological system and a UNESCO world natural heritage site. UNESCO has a catalogue of the World Cultural Heritage and also issued Operational Guidelines for the Implementation of the World Heritage Convention.

The cancellation decision was taken on the basis of the Russian law On Protection of the Lake of Baikal. The decision did not analyze the products for which the mark had been registered, which means that the mark was cancelled on absolute grounds. This seems to be a decision of precedential importance, as the word Baikal is included in dozens of other registrations so they will also be in jeopardy should a conflict on the market occur.

In this context it is interesting to know that a piece of news was run in the media to the effect that the US State Department is going to pass a bill according to which the sunk ship Titanic will be declared to be part of the World Cultural Heritage. According to the lawmakers, the bill if passed will open new horizons for cooperation between the US and Britain, France and Canada. The location of the disaster will become the official underwater monument in memory of the people who died in 1912.

There are a number of trade marks in Russia including the word Titanic, for example numbers 96,073, 177,197, 208,181. Without prejudice to the noble idea of the US, the question arises whether Titanic will sink in (share the fate of) Baikal in Russia. To add insult to injury, there are other items of the World Cultural Heritage that are also trade marks in Russia.

The world cultural heritage includes The Red Cap and Cinderella. There are dozens of trade marks in Russia including these words. Red Cap sweets are among the most popular brands in Russia. Does inclusion of Grimm Tales in the catalogue by UNESCO mean inclusion of individual tales? The Trade Mark Law allows the registration of marks of this kind on approval of the owners of those items but who may be recognized as the owner of an item which is part of the world cultural heritage? The Baikal lake is situated in Russia and the Russian government could give the sought permission but what about Titanic? Perhaps UNESCO's approval will be needed? The position of the Russian Patent Office is not clear on this problem. How many more trade marks of this kind may be affected?

The lake Baikal by the way is the deepest lake in the world and could engulf many trade marks of the kind as described.

Vladimir Biriulin

Gorodissky & Partners
Russia 129010, Moscow
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Tel: +7 495 937 6116 / 6109
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