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13 March 2014Trademarks

Ford fails to secure extra Russian trademark status

Russia’s IP office has rejected a bid by carmaker Ford to secure “well-known” trademark status in the country.

The Federal Service for Intellectual Property, known as Rospatent, reportedly said Ford had provided insufficient evidence to obtain the extra protection for its cars, car parts and accessories.

“Well-known” status allows companies to enforce their trademarks against similar signs even if those protect different goods and services. Normally, rights owners can only take action against marks covering the same or similar products.

But although the elite status allows companies to enforce trademarks, it still does not allow them to oppose trademarks that others have applied for, as there is no formal opposition system in Russia.

There are 136 “well-known” Russian trademarks, with fashion company Chanel the latest brand owner to secure the protection.

Applicants for the enhanced status must provide extensive evidence, including sales figures and opinion polls, to show that Russian consumers recognise their brand.

“It’s not easy to prove that it’s well-known,” said Igor Motsnyi, partner at Motsnyi Legal Services/Standmark in Moscow, “it requires a lot of effort.”

While Motsnyi has not read the decision, he said “it seems like Ford didn’t provide enough or persuasive enough evidence”.

Legal news site  Rapsi said Ford provided reference material from Ford Sollers Holding, its joint venture with Russian car company Sollers, but their authenticity was not confirmed by other documents and therefore could not be accepted as objective.

According to Rapsi, Rospatent argued that materials referring to Ford’s 122 official dealers in Russia included only their names and legal addresses, but no facts about their operation. It reportedly said the materials did not include any agreement, contract or declaration that could be considered evidence that Ford produces or imports its trademarked products in Russia.

Motsnyi said the decision was “not extraordinary” and that it “shouldn’t be easy to prove that a mark is well known”.

Ford can appeal to Russia’s IP court, which was established in July last year. However, The Moscow Times  reported on March 12 that the court is struggling with a backlog of cases. Since it was founded, more than 2,000 cases have been filed.

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Trademarks
28 October 2014   Automobile manufacturer Ford has suffered another setback in its attempt to gain “well-known” trademark status in Russia.