14 March 2014Trademarks

Russian businessman attempts to trademark faulty Olympic image

A Russian businessman has attempted to register an Olympic-themed trademark paying homage to a mishap at the Winter Olympics in Sochi.

An application by Dmitry Medvedev – who is not related to the Russian prime minister – to obtain the rights to an image showing four rings and one snowflake has been filed with the country’s national patent office, according to news website RBC Daily.

The opening ceremony of last month’s games attracted derision when organisers failed to accurately portray an artistic message that was supposed to show five snowflakes expanding to form the signature Olympic rings.

One of the five snowflakes failed to open leaving four connected rings and a separate snowflake.

Medvedev’s company, Miroviye Shedevry, which specialises in constructing luxury cottages and pools, has already begun an advertising campaign using the image.

An official application was filed because it wanted to "insure against possible claims from the Olympic committee," Medvedev was quoted as telling the RBC website.

The Federal Service for Intellectual Property, also known as Rospatent, is expected to take a minimum of 12 months to decide on the application.

But Eugene Arievich, partner at Baker & McKenzie LLP in Moscow, told WIPR the chance of it being accepted was as likely as a “snowball in hell.”

“Russian Civil Code specifically bans registration of trademarks that are not only identical but also confusingly similar to symbols of international organisations,” said Arievich, adding that the Olympic rings [even with one ring deflated] would fall into that category.

Arievich said Olympic laws also prohibit words, phrases and signs associated with the Games and that they could only be used with “explicit authorisation” from the International Olympic Committee (IOC), the official organising body for the Olympics.

“In the absence of such authorisation a party in breach of the law may face serious sanctions, mostly in the form of fines. If Medvedev starts using the trademark he may well suffer financially,” Arievich said.

The IOC has been contacted for comment.

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