27 MAR 2017

IPStyle held a seminar on the protection of trademarks while entering foreign markets

Director of IPStyle Patent Law Company Mariya Ortynska and patent attorney of the Russian Federation Andrey Filatov were the speakers of educational seminar which was held in the form of business-breakfast in one of the Kyiv restaurants.

Organized by IPStyle event was attended by representatives of leading Ukrainian and foreign companies which are planning to enter the markets of EU or Russia or the expansion of the range of its products for selling in Europe, the Russian Federation.

In particular, Mariya Ortinska stopped at practical tips on how to minimize the risks of claims while entering foreign markets, and as a member of the International Trademark Association (INTA) Anticounterfeiting Committee, told about the registration of intellectual property objects in the customs registry as a tool to fight against counterfeiting.

Great interest among the participants caused the report of Andrey Filatov, who only for a few days arrived in Kyiv. In his presentation, patent attorney of the Russian Federation related to these topics:

• Legal protection of a trademark, brand names and commercial designations in Russia.
• What to do if the registration of a trademark was refused?
• Someone else's trademark prevents economic activity - the way it cancellation.
• Unprotected element of the trademark - what is it?

Filatov highlighted moments in registration of means of individualization, which are the same with Ukraine, and which differ significantly.

"The owner of a trademark in Russia, in contrast to the legislation of Ukraine, may only be a legal entity or individual entrepreneur, i.e. private person, is not entitled to register the trademark. This is explained by the fact that TM is designed to individualize goods or services for third parties, i.e. business. However, in practice this legal rule is only valid for applicants from Russia, i.e. a foreign individual can register a trademark by filing a national application or by filing an international application with the indication of Russia", one of the examples brought Filatov.

Also were discussed the examples of recent litigation on the rights to use the trademarks and brand names.

In addition, Filatov told about the implementetion of the unified trademark of the Eurasian Economic Union (EEU), which may be launched in 2017.