Protection Of Three-Dimensional Marks In Russia

• Published date: 20 April 2022
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Gorodissky & Partners
• Author: Ms Alina Grechikhina

Modern trends in all aspects of life call on us to be unique, to unveil one's individuality, to challenge ourselves, and to come up with breakthrough start-ups. Once a bright idea enlightens one's way and a brand-new product is born, it is time to invent a catchy name and/or an eye-catching shape to highlight it in the line of its common predecessors. That is where trademarks come in - designations used to individualize the goods of legal entities or individual entrepreneurs.

Part VI of the Russian Civil Code foresees that word, figurative, three-dimensional and other designations or their combinations can be registered as trademarks. A trademark may be registered in any color or combination. The list of designations that can be registered as trademarks provided in the Civil Code is not exhaustive; Regulations for compilation, submission, and consideration of documents for state registration of trademarks (hereafter - "Regulations") suggest an expanded list of signs that may be granted protection in Russia, including non-conventional marks such as sound marks, light marks, motion marks, holographic marks, tactile marks, positional marks, olfactory marks, gustatory marks, marks consisting exclusively of one or more colors. Considering the fact that obtaining protection for such types of designations is quite a challenging procedure, most manufacturers operate more traditional signs, among which three-dimensional designations stand out though.

What are three-dimensional marks?

Regulations denote that three-dimensional marks represent three-dimensional objects, figures, and combinations of lines and figures in a spatial arrangement, which may, in fact, fall within three categories: the shape of the product or part of it, the shape of the packaging of the product, and the shape not related to the product.

Three-dimensional marks undergo the same examination procedure as the other designations; the examination procedure in the Russian Federation is carried out both on absolute and relative grounds and one of the main issues at the time of examination of three-dimensional marks is to establish their inherent distinctiveness with respect to the claimed goods.

"A POSITIONAL TRADEMARK IS A TRADEMARK CONSISTING OF THE SPECIFIC WAY IN WHICH THE MARK IS PLACED OR AFFIXED ON THE PRODUCT."

Naturally, three-dimensional marks that represent a shape unrelated to the product, as a rule, possess distinctive character; for instance, a three-dimensional image of a turtle...