Russia: Halloween cannot be privatised

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Russia: Halloween cannot be privatised

An applicant filed a trade mark application for Halloween in respect of goods in classes 4, 9, 16, 21, 24-26 and 28 (see picture).

halloween.jpg

The examiner in the patent office rejected the application, then the applicant appealed the decision of the examiner at the appellate board and again lost. The rejection was based on a number of considerations.

Halloween is one of the oldest holidays in the world. It is a mixture of Celtic and Christian traditions to worship their saints. The origin of Halloween dates back thousands of years. There is a Celtic festival named Samhain which marks the end of the harvest season and the beginning of winter or the darker half of the year. It may also be associated with Pomona, a goddess of fruitful abundance in ancient Roman religion. Ireland is considered to be the home country of Halloween though it is the United States where the traditional Halloween is celebrated on a large scale.

It came to Russia in the 1990s and remains exotic and ambiguous. It imbibed some of the traditions and is a holiday in a jocular and chilling style with specific paraphernalia, such as fancy dresses, masks, toys and souvenirs associated with specific subjects such as monsters, devilry, witchery and death. Though the holiday is not yet very popular, shops in many Russian cities and online stores offer a vast array of goods related to Halloween.

The collegium of the patent office concluded that the word Halloween is not distinctive and cannot represent its main function – individualize the goods in classes 4, 9, 16, 21, 24-26 and 28 (these goods are attributes of holiday fancy dresses, masks, knick knackery, glasses, post cards and other souvenir products). The word needs an unrestricted use and giving exclusive right to that word will deprive other persons from using it.

Besides, even though the claimed designation features a word element – "Halloween" which denotes a holiday – it also includes a symbol of death, a skeleton. According to the collegium of the patent office one cannot deny the fact that the image of skeleton symbolises a mummy, parched up body and eventually death. All this creates a negative connotation of the designation.

In this way, the patent office saved Halloween from being usurped by one person and allowed it for use by anybody who likes devilry.

biriulin.jpg

Vladimir Biriulin


Gorodissky & PartnersRussia 129010, MoscowB. Spasskaya Str25, stroenie 3Tel: +7 495 937 6116 / 6109Fax: +7 495 937 6104 / 6123pat@gorodissky.ru www.gorodissky.com 

more from across site and SHARED ros bottom lb

More from across our site

As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Vivien Chan joins us for our ‘Women in IP’ series to discuss gender bias in the legal profession and why the business model followed by law firms leaves little room for women leaders
Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of IPNote, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, has taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Gift this article