Category: News

The Intellectual Property Court of the Russian Federation has issued a definitive ruling in case No. SIP-44/2025, completely dismissing the claims of the company FoodWay LLC and affirming the legality of Rospatent’s refusal to register the trademarks “Dr Pepper” (Latin script) and “Др Пеппер” (Cyrillic transliteration). The court’s decision reinforces stringent protections against consumer confusion in trademark registration matters.

Detailed case background

The Russian company FoodWay LLC, an enterprise specializing in beverage importation and distribution, filed two trademark applications with Rospatent: No. 2022715182 (filed March 11, 2022) and No. 2022772815 (filed October 12, 2022).

Both applications sought protection for Class 32 goods under the International Classification of Goods and Services, encompassing various non-alcoholic beverages including carbonated drinks, lemonades, and energy drinks. Rospatent’s initial refusal cited violation of subclause 1 of Article 1483 (3) of the Civil Code, specifically that registration would likely mislead consumers regarding product manufacturer, since soft drinks under “Dr Pepper” brand have been known in Russia and abroad for a long time.

Comprehensive legal arguments

FoodWay LLC’s position:

The company FoodWay LLC presented a multifaceted challenge, arguing that Rospatent:

1. Failed to establish association with a specific manufacturer, maintaining that general consumer awareness of the goods doesn’t prove misleading nature of the mark;

2. Ignored the historical precedent of multiple rights holders for the trademark in Russia;

3. Relied on sociologically flawed research (referencing FCTAS RAS Study No. 98-2022) with methodological deficiencies and potential respondent duplication;

4. Based decisions on unverified internet sources lacking evidentiary reliability;

5. Overlooked their good faith intentions following the previous rights holder’s voluntary trademark abandonment.

Rospatent’s defense with third party intervention:

The Rospatent, supported by European Refreshments Unlimited (Coca-Cola affiliate), demonstrated:

1. Overwhelming consumer association (55-66%) between “Dr Pepper” and Coca-Cola through:

– E-commerce platform evidence (Ozon, Wildberries, Metro);

– Consumer reviews dating to 2012 (otzovik.com, irecommend.ru);

– Corroborated sociological research findings;

2. Continuous market presence since the brand’s introduction to Russian market in 1996;

3. No evident consumer association between the trademarks and the company FoodWay LLC;

4. Evidence suggesting attempted trademark appropriation without brand development investment.

The court’s comprehensive review concluded:

1. Consumer association established: The evidence conclusively showed persistent consumer identification of “Dr Pepper” with Coca-Cola products, regardless of current market presence.

2. Methodological validation: The sociological study’s methodology withstood scrutiny, with alleged irregularities being statistically insignificant within the 1,500-respondent sample.

3. Internet evidence admissibility: Publicly available online information constituted valid evidence for establishing brand notoriety and consumer perception.

4. Lack of counterevidence: The company FoodWay LLC failed to provide substantive proof of consumer association with their company or products.

5. Potential rights abuse: The timing and circumstances suggested possible attempted exploitation of the trademark’s established reputation.

This ruling reinforces several key principles in Russian trademark law:

• Famous trademarks maintain protection regardless of current market activity;
• Consumer perception outweighs formal ownership history in confusion cases;
• Internet sources constitute valid evidence for establishing notoriety;
• Transliterated trademarks are treated as equivalent to original versions;
• Good faith requirements extend beyond formal legal compliance.

The decision underscores the judiciary’s commitment to preventing consumer confusion and protecting established brand identities, serving as a significant precedent for future trademark disputes involving famous international trademarks on the Russian market.

Maria Nilova, Managing Partner of Patentica, will participate in two major international intellectual property congresses in the fall of 2025. The events will be held in The Hague, Netherlands, and Naples, Italy, bringing together industry leaders to address the most pressing challenges in brand protection and patent law.

39th MARQUES Annual Conference: The Hague, The Netherlands, September 16–19, 2025

The MARQUES Conference is a premier event in the trademark world. This year’s theme focuses on “Brand changes in an international context”. Participants will discuss how political and economic shifts impact intellectual property rights. Key topics include:

• The impact of external factors on IP work;
• Brands in international trade and M&A transactions;
• The rising importance of sustainability;
• Latest CJEU and EU General Court case law on trademarks.

The program will feature interactive workshops and a visit to the Europol headquarters.

The 2025 FICPI World Congress: Naples, Italy, October 12–17, 2025

The event will highlight the importance of collaboration between countries, patent and trademark offices, firms, and clients to overcome global challenges. The agenda includes plenary sessions and workshops designed to foster trusted relationships among industry professionals worldwide.

We look forward to reconnecting with our existing clients and partners and to forging new professional connections. We are eager to share our unique expertise in the Eurasian jurisdiction and offer comprehensive solutions for international IP protection.

Should you wish to schedule a meeting with Ms. Nilova during the conferences, please contact us via email at info@patentica.com.

Effective August 8, 2025, Uzbekistan has enacted new legislation (No. 1080) that significantly toughens penalties for intellectual property (IP) violations. These changes demonstrate the country’s commitment to fostering innovation, protecting copyrights and patents, and creating a safer business environment for inventors and entrepreneurs.

As Uzbekistan advances toward digitalization and innovation, the government is cracking down on illegal use of trademarks, patents, copyrights, and other IP assets. These measures enhance the country’s appeal to investors and tech startups. Key changes regarding criminal liability (Articles 149¹, 149², 149³ of the Criminal Code) will take effect 3 months after publication — i.e., starting November 8, 2025.

Old vs. New Penalties:

1. Copyright and related rights violations

Before:

Fines up to ~$1,350 or corrective labor.

No clear distinction between different types of violations.

Now:

Article 149¹: Fines ranging from $1,350 to $4,050.

Aggravating circumstances (e.g., abuse of official position) may lead to up to 3 years in prison.

2. Illegal use of trademarks

Before:

Administrative fines up to ~$810 for legal entities.

Now:

Article 149²:

Fines up to $2,700.

Repeat offenders face imprisonment for up to 3 years.

3. Patent rights and breeding achievements violations

Before:

Lenient penalties, typically fines under $1,000.

Now:

Article 149³:

Fines up to $2,025.

In cases of major damages – corrective labor or imprisonment up to 3 years.

Other key reforms

Digitalization – patents and certificates now issued electronically with QR codes;

Faster Processing – trademark registration reduced to 1 month;

Discounts – small businesses and research institutions receive a discount on official fees.

Implications for businesses and IP owners

Stronger protection against counterfeiting and piracy;

Higher risks for violators – penalties increased 3-5 times;

Boost for innovation – creators and companies can develop projects with greater legal security.

If you have any questions or need our assistance in obtaining IP protection in Uzbekistan, please do not hesitate to contact us at info@patentica.com.

We are pleased to announce that Olga Gribanova and Victor Lisovenko, patent attorneys and partners at Patentica, will attend the AIPPI World Congress 2025 in Yokohama from September 13-16, 2025. Patentica’s attorneys actively contribute to shaping the future of intellectual property, and this event provides a key opportunity to strengthen our international expertise, as well as to build new connections and friendships in the IP field.

Patentica is a full-service global IP firm with a strong presence in the Eurasian region, delivering strategic, high-value IP solutions across multiple jurisdictions. We are proud to share our 28-year experience on patent and trademark protection in the Eurasian region, offering:

✔ Seamless cross-border patent and trademark protection in Eurasian countries.

✔ Deep expertise in complex fields such as AI, biotech, pharmaceuticals, and engineering, combined with sharp legal strategy.

✔ Vigilant anti-counterfeiting and litigation support to defend clients’ IP rights.

✔ Tailored IP strategies for startups, corporations, and investors, maximizing patent portfolios and commercialization.

✔ Cost-efficient solutions to reduce overhead while maintaining high-quality IP prosecution and counseling and more.

Olga and Victor would be delighted to discuss key takeaways and will be available for in-person or virtual meetings. To secure a time, please book directly via conferences@patentica.com.

We look forward to reconnecting with our clients and friends and to discovering new professional contacts.

The recent changes to Russia’s intellectual property laws have made it more important than ever for foreign businesses to secure their trademarks and patents. The maximum compensation for IP violations has doubled from 5 million to 10 million RUB (≈ €110,000) per infringement, meaning the risks of operating without proper protection have never been higher.

Russia’s first-to-file system means your brand could be vulnerable to competitors or trademark squatters. We have seen cases where companies lost rights to their own brand names simply because someone registered them first, and had to fight very hard to take them back.

The situation becomes even more urgent when you consider that over one million trademarks are already registered in Russia. Without protection, you risk not just legal battles but potentially losing access to the entire EAEU market.

Registering your IP does more than just prevent legal issues — it actively helps combat counterfeiting, as Customs officials tend to check registered trademarks and have the authority to block fake goods at the border.

The process is more straightforward than many businesses realize. A smooth trademark registration in Russia typically takes 6-10 months with costs being less than €1,000. Considering the potential fines and business disruptions at stake, this is a relatively small investment for extra peace of mind.

With Russia and EAEU markets continuing to grow, especially in e-commerce and consumer goods, delaying IP protection could prove costly. The question is not whether you can afford to register your IP — it is whether you can afford not to.

Protecting your intellectual property now could save your business significant time and money in the future.

If you have any questions or need our assistance in obtaining IP protection, please do not hesitate to contact us at info@patentica.com.

The Eurasian Patent Office (EAPO) has demonstrated remarkable progress in the first six months of 2025, with a 20% increase in patent applications and a 13% rise in industrial design applications compared to the same period last year. According to the Eurasian Patent Office, patent grants have also surged, showing 10% growth for inventions and an impressive 50% jump for industrial designs, underscoring EAPO’s accelerating momentum as a preferred destination for IP protection.

One of EAPO’s advantages is its fast examination process, with first office actions issued in just 1.25 months on average – one of the fastest timelines among international patent systems. This efficiency gives Applicants a crucial competitive edge in securing protection for their innovations.

Key benefits of the Eurasian Patent System:

• Single patent valid in 8 countries: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan;
• Industry-leading examination speed with first actions in 1.25 months; and
• Growing international engagement: Chinese patent holders increased patent maintenance by 22%.

A significant development is the launch of the Common Eurasian Industrial Property Register, a unified digital platform providing streamlined access to IP rights information across all member states. This “single window” system enhances transparency and simplifies IP management for Applicants.

The pharmaceutical sector continues to drive growth, with 26 new patents added to the Eurasian Pharmaceutical Register. EAPO has also certified 12 new Eurasian patent attorneys from Armenia, Kazakhstan, and Russia, enhancing accessibility for right holders.

With a 3% increase in active patents and these robust growth indicators, the Eurasian patent system is proving its value as a cost-effective, efficient gateway to protection across multiple emerging markets. For businesses looking to secure and commercialize their IP across Eurasia’s dynamic economies, EAPO offers an increasingly compelling proposition that combines broad geographic coverage with exceptional speed and simplicity.

Eurasian patent protection is becoming an essential component of global IP strategy for forward-thinking companies.

If you have any questions or need our assistance in obtaining IP protection through EAPO, please do not hesitate to contact us at info@patentica.com.

The Intellectual Property Court recognized that a distributor’s seizure of a foreign trademark constituted unfair competition. The case involved the company KyungDong Navien Co., Ltd, a South Korean manufacturer of heating equipment that registered the trademark “GOM Ace” in South Korea in 2005. To enter the Russian market, it signed a distribution agreement with Mr. Igor Filatov in 2008.

Unbeknownst to the Korean company, Filatov registered the “Ace” trademark No. 491279 with the same design under a controlled company and later liquidated the company, transferring the trademark rights to himself. Meanwhile, a couple of years later KyungDong Navien Co., Ltd established a subsidiary company Navien Rus in Russia and registered its own “NAVIEN ACE” trademarks No. 600685 and No. 826147.

Navien Rus actively used the trademarks on the market for some time, raising their popularity among consumers, but then Filatov demanded that the company KyungDong Navien Co., Ltd purchase the earlier “Ace” trademark from him. When the company declined, he successfully challenged both “NAVIEN ACE” trademarks before Rospatent and even filed lawsuits that resulted in several hundred million rubles compensation claims against the company KyungDong Navien Co., Ltd and its partners, blocked shipments of genuine products, and attempted to revoke Navien Rus’s equipment certifications.

KyungDong Navien Co., Ltd contested his actions in court as unfair competition and in the process unveiled numerous fraudulent actions on Filatov’s part, including forging the signature on the trademark transfer agreement from his controlled company to himself, as confirmed by expert handwriting examination.

Based on the evidence, and despite Filatov’s attempts to claim that the “Ace” mark had been created by Russian designers even earlier than the Korean company started using it, the court ruled that his actions were part of a deliberate strategy to force the company KyungDong Navien Co., Ltd out of the Russian market, constituting unfair competition under Russian law.

Patentica is grateful for the opportunity to join INTA 2025 Annual Meeting—the world’s premier intellectual property event.

It was 5 days of intensive networking, trend-watching and inspiring meetings. Our team managed to communicate with top patent attorneys and lawyers from around the world and discuss global trends in brand protection and patenting.

Beyond the sessions, the meeting offered unparalleled networking and business development opportunities, fostering collaboration among global IP experts. Especially memorable were the lively discussions on digital and AI tools in IP and also informal after-parties, where the coolest collaborations are born!

By engaging with colleagues and thought leaders, we continue to enhance our expertise and provide cutting-edge IP guidance in the Eurasian region and beyond.

We thank everyone who was with us at this powerful event! See you at INTA 2026

The Republic of Kazakhstan has officially recognized the Eurasian Patent Organization (EAPO) as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT). This decision provides applicants from Kazakhstan with an additional option for conducting high-quality international searches in Russian, ensuring a cost-effective and efficient patenting process.

Since July 1, 2022, the EAPO has been operating as an ISA/IPEA, strengthening its role in the global patent system. To date, the EAPO has been recognized by the patent offices of eight member states of the EAPO: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan. This growing recognition underscores the EAPO’s expanding presence and influence in the Eurasian region.

EAPO’s strengths: expertise, extensive databases, and continuous professional development.

The EAPO stands out due to its highly qualified examiners and comprehensive search capabilities. The EAPO maintains extensive patent and non-patent literature databases, enabling thorough and reliable prior art searches. Additionally, the EAPO continuously invests in training and professional development programs for its examiners, ensuring that they remain at the forefront of patent examination practices.

Benefits for Applicants

– Cost-effective searches in Russian, reducing translation expenses;

– High-quality international searches backed by a well-established patent office.

By expanding its role as an ISA/IPEA, the EAPO reinforces its commitment to supporting innovation and streamlining the patent process for inventors and businesses in Eurasia and beyond.

If you have any questions or need our assistance in obtaining IP protection through EAPO, please do not hesitate to contact us at info@patentica.com.

Rospatent refused registration of the trademark “Milk Wave’s” (Russian trademark application No. 2022775326) submitted by the “Gift” company (hereinafter – the Company) on the grounds of its similarity to the existing “MilkyWay” trademark.

The application was filed for an image of a soft drink can with an original blue “Milk Wave’s” logo decorated with stars and a device element in yellow tones. The earlier trademark is an original logo of “MilkyWay” in combination of navy blue, white and red, with an image of a rocket and a little shooting star.

Disagreeing with Rospatent’s decision, the Company filed an objection, arguing that the two marks had significant differences, especially when it comes to their meaning and graphic representation. Moreover, the applicant already has a trademark with the verbal element “WAVE’S” No. 619493 with priority even earlier than the cited mark. However, Rospatent dismissed these arguments and upheld its refusal.

The Company then escalated the case to the Russian Intellectual Property Court. The court ruled in favor of Rospatent, stating that the compared trademarks exhibited similarities in sound and visual appearance, creating an overall associative impression despite certain individual differences.

In its appeal, the Company maintained that the two marks produced distinct visual and auditory effects, differing in color scheme, compositional structure, conceptual elements, word count, syllable structure, and intonation. Nevertheless, the Presidium of the Russian Intellectual Property Court (Case No. SIP-871/2024) after reviewing the case materials found no valid grounds to grant the appeal and upheld the earlier decision.

This case shows how verbal elements play the most important role in trademark comparison. If the marks are phonetically close, they are very likely to be considered confusingly similar to each other despite having some distinct graphic features.

Dear colleagues, we are pleased to announce our participation in the INTA Annual Meeting on May 17-21, 2025, which is one of the largest events for patent and trademark professionals worldwide.

As a global intellectual property firm, it is very important for us to be aware of IP practices and challenges in different jurisdictions. In turn, we are ready to share our 28-year experience and recent insights on patent and trademark protection in the Eurasian region:

• Cost-effective IP strategies for national/regional phases in Eurasian countries;
• IP Court cases and practical approaches to IP litigation;
• Trademark enforcement, cancelling and protection;
• Case law in pharma sector: patent linkage, data exclusivity, compulsory licensing, patent term extension;
• Patentability of IT and AI solutions;
• Combating counterfeiting for International companies in the region, and many more.

If you are interested to meet our delegates:

• Victor Lisovenko (Patent Attorney at pharma and chemistry, Lawyer, Co-managing Partner)
• Elena Dmitrenko (Patent and Trademark Attorney, Lawyer, Partner)
• Olga Gribanova (Head of the Trademark Department, Trademark Attorney, Partner)
• Vasiliy Bykov (Patent Attorney at chemistry and biology, Partner),

please contact us to schedule a meeting.

We are also ready to answer your questions and discuss potential collaborations at info@patentica.com.

The nation continues to break records in the realm of intellectual property. Recently, the National Institute of Intellectual Property of Kazakhstan (Qazpatent) celebrated the issuance of the 10,000th patent for a utility model.

Now, Qazpatent has announced another key achievement in Kazakhstan’s intellectual property journey—the registration of the 100,000th trademark belonging to a local entrepreneur.

This landmark registration underscores a crucial phase in the evolution of the intellectual property protection framework and signals the dynamic growth and enhancement of Kazakhstan’s business environment.

Registering a trademark is more than just a procedural step; it is a vital strategic move that safeguards a brand, enhances its value, and fosters sustainable business development.

It’s also noteworthy that the trademark registration process in Kazakhstan is continually evolving, with a strong emphasis on digital solutions that streamline and expedite the experience for entrepreneurs.

For any inquiries related to intellectual property in Kazakhstan, please feel free to contact us at info@patentica.com.