Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Russia: Trademark has no similarity to Red Cross emblem

Sponsored by

gorodissky-400px.png
trademark concepts

A Russian applicant filed a trademark application for a combined colour (blue, red, green, grey) designation consisting of words, a figure, crossed ribbons and the words "your emergency service." The applicant obtained registration No 381613 in Classes 3 and 5.

russia-1.jpg

The owner of a trademark "911 urgent assistance", registration No 676510 found that the registration No 381613 is contrary to his understanding of what is allowed and what is not. One of the arguments was that the figurative element shaped as a red cross imitates the emblem of the Red Cross and the flag of the International Association of Red Cross, i.e. contains an image reminiscent of the Red Cross against a white background. This similarity is capable of misleading the consumer with regard to the manufacturer of goods and also goes against public interest, principles of humanity and morals. According to the appellant, the consumer may think that the goods under that trademark are associated with activities of the Red Cross, which provides medical and humanitarian assistance. This association may be enhanced by the words "your emergency service" and figures "911" being a telephone number. The word element "Kids" in relation to goods in Classes 3 and 5 (cosmetics for animals, shaving lotions, aseptic wool etc.) is false and misleading with regard to the goods and their manufacturer.

The Collegium of the Chamber of Patent Disputes examined the appeal and noted that the figurative element of the disputed trademark

russia-2.jpg
is characterised by significant visual differences in comparison with the emblem of the Red Cross
russia-3.jpg
and the flag of the International Committee of the Red Cross.
russia-4.jpg

The Collegium also relied on the letter of consent from the Russian Red Cross which alone shows that the disputed trademark in no hinders the activities of the Red Cross.

The compared elements signify different ideas and have different configurations. The image of the Red Cross is evident and does not require further guessing as to what it is. The figurative element of the disputed trademark is elongated in space. It is inclined to one side and is in fact a ribbon waving in space.

There is no false information in respect of the manufacturer, nor does the disputed trademark evoke negative associations. As a result, there is no public abuse, or violation of the principles of humanity or morals. The appeal does not contain information on public polls that could confirm the statements of the appellant.

Hence, the Collegium concluded that the arguments of the appellant to the effect that protection of the disputed trademark should not have been granted because of similarity with the Red Cross emblem were baseless.

Vladimir Biriulin

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Sukanya Sarkar shares her thoughts on this year’s annual meeting in Singapore, where debates ranged from AI opportunities to improving law firm culture
The court’s ruling is a good reminder that US parties aren’t guaranteed attorney fees just because they win, say sources
With business confidence in a shaky state, Rachel Tong and Lisa Yong of Rouse discuss how in-house IP teams can manage their trademark portfolios through uncertain times
The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor
Funders and NPEs say asserting patent portfolios can minimise risk at the USPTO’s PTAB, where procedure remains a controversial topic
The US Supreme Court’s ruling wasn’t a surprise and reflects a trend that had already been bubbling away for a while, say tech and pharma counsel
Previous attempts at major transatlantic tie-ups have failed, so lawyers will keep their eyes firmly on Allen & Overy’s grand plans
INTA CEO Etienne Sanz de Acedo shares his plans if he were to win the EUIPO leadership race and says his application does not affect his INTA role
The French finance minister told António Campinos the timing of an EPO event in Lisbon could be seen as interference in the EUIPO leadership race