There's Only One "Health Formula"

Russian law (Clause 6 of Article 1252 of the Civil Code) equally protects all means of individualization (trademarks and service marks, firm names, commercial designations). At the same time priority is given to those means of individualization the right to which emerged earlier. Although the wording is clear, in practice, sometimes one encounters difficulties in defending the rights to a particular means of individualization.

In one of such cases, experts of the Gorodissky branch office in Ekaterinburg represented the company providing medical services.

The company used the designation "Health Formula" (let us name it Health Formula No.1) as a company name in the provision of services: The company used this designation in advertising, in documents and on signboards for 10 years, but did not register a trademark.