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ARTICLE · 23 JANUARY 2020

Well-Known Trademark, A Timeless Subject Matter

The law (Article 1508 of the Civil Code) provides that a trademark protected in Russia based on its state registration or in accordance with an international agreement or used as a trademark, or a...

RussiaIntellectual Property

The law (Article 1508 of the Civil Code) provides that a trademark protected in Russia based on its state registration or in accordance with an international agreement or used as a trademark, or a designation used as a trademark but not registered as such in Russia may be recognised as a well-known trademark. However, it can only be recognised from the date indicated in the application if that trademark or that designation became widely known among relevant consumers in Russia as a result of its intensive use.

It is Not the Date of the of the Application

It is not the date of the application; it is the date from which, according to the applicant, the trademark/designation became widely known. Recognition of a given designation as a wellknown trademark is confirmation of what has become widely known. On the other hand, one may argue that the possibility of recognition of a given designation as a well-known trademark may jeopardise the validity of any registered

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