InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Russia: iPad too simple to be a 3D trade mark




Tablet computers are now popular everywhere. It is clear that they have the same outward appearance and cannot be otherwise. Nevertheless, Apple filed for a 3D trade mark reproducing the shape of IPad in Russia. The application was filed claiming priority of 2010 in respect of goods in Class 9.

The Patent Office refused the registration and it was appealed to the Chamber of Patent Disputes, which supported the Patent Office. The Office based its decision on the fact that the claimed designation was a schematic representation of a specific product, namely, tablet computers, book readers and so on, and did not possess distinguishing capability. Similar devices are being manufactured by many companies, such as ASUS, Samsung, HTC, PocketBook and Sony. The applicant himself confirmed that he had filed a designation reproducing the image of the computer manufactured by him and known as iPad. In doing so, the shape and elements of the claimed designation are conditioned by its functional purpose: there is a screen occupying a large part of the surface of the device, a functional pushbutton to control the device and jacks and so on on the narrow lateral side of the device.

Insignificant differences in the size, thickness, position of the pushbuttons and other elements are not important criteria for the perception of the device by the consumer because they occupy a small place in comparison with the device as a whole and cannot change the overall image of the tablet computer. There are no original elements that would have distinctive character, hence there are no reasons to recognise the claimed designation as a trade mark.

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


Comments






profile

Managing IP

ManagingIP

ManagingIP profile

Find out what’s been happening at #AIPPI2017 in Sydney: read & download all the issues of this years Congress News https://t.co/zOWbOIrPNL

Oct 16 2017 10:32 ·  reply ·  retweet ·  favourite
ManagingIP profile

@gtlaw Hi - can we use one of your photos in the AIPPI Congress News please?

Oct 16 2017 09:50 ·  reply ·  retweet ·  favourite
ManagingIP profile

Will anyone admit to reading the article and not realising it was a fictional case?! https://t.co/hXkuh335gH

Oct 16 2017 04:18 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


null null null

October 2017

Courts grapple with scope of patent protection

The Supreme Court’s decision in Actavis v Eli Lilly introduced a doctrine of equivalents and arguably also established a doctrine of prosecution history estoppel in the UK. We look at the law across Europe, and the impact the decision might have. Kingsley Egbuonu, Michael Loney and James Nurton set the scene



Most read articles

Supplements