The problem of joint ownership of trademarks rarely surfaces on
the Russian IP landscape. One of these cases elicits remembrance of
a famous story "The Roads we Take" by O'Henry.
As a rule, a trademark application is filed and registered in
the name of one legal person or one individual entrepreneur. In an
article in the Civil Code, (Article 1478) a chapter is dedicated to
trademarks which states that "a trademark may belong to a
legal person or to an individual entrepreneur". In addition,
there is also a chapter in the Civil Code which concerns
intellectual property in general, (viz. Article 1229). This article
sets forth that "Exclusive right for the result of
intellectual activity or a means of individualization (except for
the company name) may belong to one person or jointly to several
persons." As shown there is some contradiction between these
provisions leaving space for interpretation. This contradiction
played part in triggering a lengthy and complicated
