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 2026

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

News of a trademark row over Taylor Swift’s ‘The Life of a Showgirl’ and Nokia’s expansion of its IoT licensing programme were also among the top talking points
IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Natasha Daughtrey shares how firms can help their women litigators take the lead on trials, and why she is seeing a convergence of tech and life sciences disputes
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards
Having agreed to a cost cap in the landmark Emotional Perception AI case, the government should do the right thing and pay at least the bare minimum
Ruth Hoy will join the firm's IP practice alongside Huw Cookson, who will also become a partner
IP boutique firm says its platform will help navigate ‘scattered’ decisions by bringing case law, commentary and research under one umbrella
The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
Gift this article