The Russian Patent Office refused registration of the trade mark In God We Trust, which was filed by a Russian company for goods in class 16 (paper and paper products) and services in class 37 (insurance, financial activities and related services). The applicant did not agree with the rejection of the Patent Office and appealed the official action. The Court then cancelled the decision of the Patent Office. In its turn the Patent Office filed a complaint against the decision of the lower court to the Court of Appeal, which cancelled the decision of the court of first instance based on the following arguments.

The word combination "In God We Trust" is part of the state symbol of the United States of America (approved in 1956 by the US Congress and officially accepted as a US national motto). Since 2001 the motto has been the official slogan of the state of Florida and is a non-registrable part of the emblem number US 72. The state slogan "In God We Trust" has been placed on the national US currency since 1957. Hence registration of the trade mark In God We Trust by a private Russian company will inevitably create difficulties for an indefinite number of the economic subjects using that currency in their business activities (that word combination appears on the US paper money). This attitude is confirmed by a letter of the Russian State Company Goznak, the Russian Treasury, in which it is stated that the words "In God We Trust" are universally known, belong to the US Federal Reserve System and registration of the trade mark will violate the international rights of a foreign country.

In addition, the Court pointed out that registration of the designation may insult the feelings of religious people and contradicts the principles of morals. Commercialisation of an expression whose semantics are so obviously religious will affect the religious feelings of the people and many religious sources, such as the Old Testament, that do not allow the use of the name of God without reason. This may be criticised by the religious part of the population and is aggravated by seeking protection for financial activities. One may only guess what would happen if the trade mark stood. The next step of the trade mark squatter might have been offering a licence to the US Treasury. Considering that the US Treasury is the owner of all the dollars in the world the proposed royalty would not be small.

Vladimir Biriulin

Gorodissky & Partners
Russia 129010, Moscow
B. Spasskaya Str
25, stroenie 3
Tel: +7 495 937 6116 / 6109
Fax: +7 495 937 6104 / 6123
pat@gorodissky.ru
www.gorodissky.com