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“Three Keys [Tri Kljucha]”

Decision of the Supreme Court of the Russian Federation 11 November 2020 – Case No. 300-ES20-12511

  1. 1.

    According to subpara. 2 of para. 3 of Art. 1483 Civil Code of the Russian Federation (CCRF), State trademark registration is not allowed for signs which are or which contain elements that are contrary to public interests, principles of humanity and morality. The listing of situations in which State registration may be contrary to public interests is not exhaustive.

  2. 2.

    The current legislation does not provide for the possibility of recognising multiple exclusive rights to the same scope of legal protection and to an identical trademark, because it would contradict the absolute nature of the exclusive right and would lead to the impossibility of isolating the trademark as an object of civil rights and the exclusive right to it.

  3. 3.

    Following the rules of trademark invalidity proceedings established in para. 2 of Art. 1513 CCRF, the invalidity application against the decision to grant legal protection to a trademark shall be filed by an interested person.

  4. 4.

    The notion of interest must be interpreted as broadly as possible as this ground of invalidity is intended to protect the interests of the society at large, not the private interest of a specific person, and to prohibit unjustified monopoly on trademarks.

  5. 5.

    The extent of invalidity of the registration decision cannot depend on the confirmation by the person who submitted the invalidity declaration of their personal (factual) interest in relation to specific goods and services.

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Translated from the Russian by Natalia Kapyrina.

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Civil Code of the Russian Federation, Arts. 1483, 1513. “Three Keys [Tri Kljucha]”. IIC 52, 972–976 (2021). https://doi.org/10.1007/s40319-021-01096-0

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Keywords

  • Principle of interest
  • Public interest
  • Multiple registrations
  • Single applicant
  • Invalidity proceedings
  • Identical trademarks