Russia: Line of products and “Golden Barrel”

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Russia: Line of products and “Golden Barrel”

Efes Breweries International NV, a famous beer company, filed a trade mark application 2014735627 for Золотая Бочка Шаболовское (Golden Barrel from Shabolovka). The patent office examiner refused the application arguing that the claimed designation could not be registered because it contained the word "Shabolovka" which is a street in Moscow. According to the examiner, the presence of this word creates associations with Moscow while the applicant is located in the Netherlands. Thus, this designation could confuse consumers with regard to the producer of the goods, namely his location.

The applicant appealed the decision of the patent office at the Chamber of Patent Disputes. The Chamber confirmed that indeed Shabolovka is a street in Moscow known from the 18th century. This street became famous in Moscow because a state TV company built a complex of buildings with a tall TV tower there. At the same time, while investigating this issue deeper the Chamber of Patent Disputes found that the beer Золотая Бочка Шаболовское is produced by Moscow-Efes Brewery JSC one of whose founders is the applicant. In doing so, the share of the applicant in the authorised capital is 70% which allows him to have full control over the Moscow brewery.

Beer marked by the claimed designation is yet another product in the beer line of the producer, such as Золотая Бочка (Golden Barrel) according to certificate numbers 186479 and 477418 and international registrations 1191714 and 1028900 whose right owner is the applicant and who issued a licence to Moscow-Efes Brewery JSC for the production of beer. These are pictured.

The Chamber of Patent Disputes found that the time span and amounts of production of the beer labelled with the trade marks Golden Barrel show that the consumer will perceive the beer labelled Золотая Бочка Шаболовское (Golden Barrel from Shabolovka) as continuation of a line of beer known to him. There is more to it. The documents submitted by the applicant showed that the consumer already knows the beer labelled with the claimed designation and there is no evidence that consumers are confused with regard to the producer or place of production of that beer.

Hence, the Chamber of Patent Disputes saw no obstacles for registration of the claimed designation in respect of the goods in class 32.

biriulin.jpg

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 

more from across site and SHARED ros bottom lb

More from across our site

A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
Gift this article