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Features of use of geographical indications, appellations of origin and trademarks by russian manufacturers of goods

Abstract

The article discusses some issues related to the registration of so-called «regional brands», which are various means of individualization such as trademarks, appellations of origin, and geographical indications. The relevance of this study stems from the fact that, in today’s context, it is essential to support and restore the production of traditional products in the Russian regions. The significance of this study lies in the fact that, in contemporary circumstances, the challenge is to sustain (or recover) the production of traditional products in the Russian regions. Manufacturers and local authorities alike are keen on ensuring robust legal safeguards for the designation employed for such products. However, manufacturers of regional products frequently encounter certain obstacles when it comes to selecting appropriate legal protection for their designation as a means of product identification. The objective of this study is to delve into these modes of product identification, discern their distinctions, and explore the intricacies associated with their joint utilization and application to products. The primary methodologies employed in this research encompass analysis, synthesis, categorization, comparative analysis, and normative analysis. The novelty and significance of this study lie in the fact that it provides a comprehensive analysis that allows us to identify the benefits of using regional brands by manufacturers of similar products. The authors also offer recommendations on registering designations as means of individualization and their joint use. The study raises important questions regarding the inclusion of registered appellations of origin and geographical indications in trademarks. To fully understand the issues under consideration, examples are provided from the practice of examining relevant applications and court decisions. As a result of this research, it is concluded that the optimal form of legal protection for a geographical indication is to create a unique brand that combines a trademark, geographical indication, and appellation of origin. This approach provides the highest level of protection and allows for maximum differentiation in the market. Some abstracts from this article were tested as part of educational seminars titled «Regional Brands of Russia – New Growth Points», which were conducted by experts from FIPS, and received positive feedback.

About the Authors

A. E. Sychev
Federal Institute of Industrial Property
Russian Federation

Aleksey E. Sychev, Cand. Sci. (Law), Head of the Department of Examination of Applications for Appellations of Origin and Geographical Indications

Moscow, Berezhkovskaya emb., 30, bld. 1



M. M. Rogozhina
Federal Institute of Industrial Property
Russian Federation

Mariia M. Rogozhina, State Expert on Intellectual Property of the 2nd category, Department of Examination of Applications for Appellations of Origin and Geographical Indications

Moscow, Berezhkovskaya emb., 30, bld. 1



References

1. Salnikova, A. V. (2023), «Models of registration of regional brands: advantages and disadvantages», Intellectual property. Industrial property, no. 6, pp. 67–76.

2. Kratyuk, A. V. (2023), «Trademarks with a geographical element: registration features», Patentnyj poverennyj, no. 1, pp. 5–14.

3. Ruzakova, O. A. and Grigorovich E. V. (2022), «Correlation of protection of trademarks and indications of places of manufacture of goods in the legislation of the Russian Federation», Patenty i licenzii. Intellektualnye prava, no. 7, pp. 18–22.

4. Sychev, A. E. (2020), «Examination of applications for appellations of origin and geographical indications», Patenty i licenzii. Intellektualnye prava, no. 11, pp. 2–9.

5. Samokhvalova, I. N. and Sychev, A. E. (2021), «Key changes in the legal protection of the appellation of origin», Patenty i licenzii. Intellektualnye prava, no. 6, pp. 6–12.


Review

For citations:


Sychev A.E., Rogozhina M.M. Features of use of geographical indications, appellations of origin and trademarks by russian manufacturers of goods. Bulletin of Federal institute of industrial property. 2024;3(3):276-287. (In Russ.)

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ISSN 2782-5086 (Print)
ISSN 2959-2432 (Online)