Novelty
Shows that your trademark is different from already known designations used in civil circulation.
The following designations can be called new and cannot be confused:
with trademarks registered in Russia for similar goods or groups;
with known registered designations;
with trademarks that are at the application review stage in Rospatent;
with their place of origin, including mom database cities, regions, countries, etc. (for example, Moscow, France).
Designations are not considered new if they are similar to existing names. For example, a fast food restaurant cannot operate as "McDonna's", a coffee shop cannot operate as "Starplax", or clothing can be produced under the brand name "Abibas". They are not identical to popular trademarks, but are close copies of them.
Existing trademarks of enterprises can be used if they belong to a group of goods that differs from the existing ones. For example, the trademark "Mashenka", registered for baby food, may well become a new brand of clothing or household chemicals.
It is not necessary to use new words or images to create a trademark. Popular symbols can also be registered if an original graphic design has been developed for them.
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Distinctive ability
A specific sign should be associated by the consumer with a specific product or manufacturer. There is no need to focus on the characteristics of the goods or services being marked.
A sign will not be distinctive if:
it is used everywhere;
it contains the characteristics of the product – type, quantity, quality, value;
the product shape is taken as a basis;
There is an indication of how to use the product.
For example, a simple geometric figure or shape of an object that indicates only the functional purpose of the product cannot be a trademark with distinctiveness.
No reasons for refusal
After examining your application, Rospatent may refuse to register your trademark.
There are quite a few grounds for refusal, and they are all collected in Article 1483 of the Civil Code of the Russian Federation:
use of state symbols;
lack of distinctiveness;
the presence of images of cultural objects and their names;
non-compliance with the principles of morality and humanity;
similarity to existing signs;
misleading buyers;
use of simplified abbreviations that do not have a definition, etc.
Trademarks and their features are always subject to evaluation in accordance with the requirements of the law.