IP-Court has confirmed Rospatent’s refusal to register the ‘Pseudonym Platov’ trademark – such a pseudonym Russian President Vladimir Putin used while studying at the KGB intelligence school.
The company “Intellect i pravo” in 2017 filed an application for registration of TM ‘Pseudonym Platov’ for 12 classes of goods and services. However, Rospatent issued refusal, arguing that the claimed designation is inextricably linked with the head of state and such a trademark will give the company an unreasonable advantage over other market participants. Also, the use for private commercial purposes of the reputation of the head of state and the Russian Federation without their consent, may damage their status and, as a result, cause dissatisfaction with this circumstance in society, which, in essence, conflict with the public interest.
The applicant appealed this decision in court, indicating that TM would not mislead the consumer since Vladimir Putin had never produced goods or provided services under his own name. As an example, the registration of a trademark for vodka ‘Putinka’ was given.
The court upheld the decision of Rospatent, indicating that the registration of a trademark would be contrary to public interests, since the circumstances of the biography of the president of the Russian Federation are important for forming public opinion about the personality of the head of state, and information on the use of the pseudonym Platov by Vladimir Putin was widely used in Russia earlier filing date of the application.