The Russian company Vershina Ltd obtained a figurative trade mark registration (number 327563) vaguely reminiscent of a stylized picture of the US bomber Northrop B2. The index on the picture is however a B52 pertaining to a Stratofortress bomber. In the application filed for registration, the applicant did not mention the resemblance to a specific aircraft or make any reference to aviation in general but the designation B52 is all too familiar to the Russian public even though the profile of the aircraft is different and is more like the B2 Stealth bomber.

The Russian Patent Office did not consider the resemblance of the picture and inscription to the real aircraft but the implication was that the applicant wanted to create association with an aircraft (which one of them?). Either the applicant mixed up the designations or, what is more to the point, did it on purpose to create a fancy composition, which is all the more powerful given that the Russian public knows well the designation B52 and the profile of the Stealth aircraft.

The Russian Patent Office registered the claimed combined designation but disclaimed the B52 part. The applicant, who wanted protection in full, did not agree with the decision and appealed against it in court but lost the case. In its ruling, the court did not consider whether the relevant part was disclaimed properly but turned down the case on purely formal reasons. The court also stated that it was not within its competence to grant legal protection to the B52 element of the mark and intervene instead of the Patent Office.

So far it may be stated that the anti-aircraft defence adopted by the Russian Patent Office and the court has rebuffed the B52 attack on the Russian IP field but nevertheless admitted its presence in the Trade Mark Register.

Vladimir Biriulin

Gorodissky & Partners
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