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 2025

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

Partner Ginevra Righini explains how she secured victory for the Comité Champagne in its fight against an EUTM application for ‘Nero Champagne’
Volkan Hamamcıoğlu joins us for our ‘Five minutes with’ series to discuss meditation, tackling deadlines, and taking inspiration from Hamlet
A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
Gift this article