Fighting against unauthorised trademark use in Russia

Despite rumours of the possible nationalisation or expropriation of IP rights, no significant restrictions have been implemented. The protection, maintenance, and enforcement of IP rights continue as normal.

Both the Patent Office and the courts issue legal decisions, and, at least for now, no discrimination based on the nationality of the right holders has occurred before the authorities.

Outside the scope of the law, local operators and former dealers/contract partners are frustrated with the situation where foreign companies that exited Russia have left behind unemployment and business losses. This has led to questionable measures to preserve businesses.

Use without permission

Following the exit of many foreign companies from Russia, retailers and former partners have continued using trademarks despite ending their cooperation and despite the prohibition of such use. For example, former distributors have continued marketing and selling their products under the trademark of their former partners. Additionally, other local operators are attempting to take advantage of the situation by using trademarks of foreign companies without permission.

There are also other means of misusing foreign trademarks. Some local operators attempt to capitalise on the strong brands of foreign rights holders by creating associations between their own brands and those of foreign companies. These operators often use similar advertising, product placement, and misleading references to the international nature of their brand.

However, the trademarks they use are usually different from those of the foreign companies. Consequently, in such circumstances, local operators are not directly infringing on any prior trademark rights. Instead, this misleading marketing and unfair conduct fall under the competence of the Anti-Monopoly Committee, which is the competition authority in Russia.