Category Archives: Rospatent

Chinese Truck

Chinese company patented a monstrous off-road truck in Russia

In April last year, a Chinese engineering company IAT Automobile Technology shocked the visitors of the Beijing Motor Show with their brutal off-road truck Kalman King based on a Ford pickup truck. Since then, nothing has been heard about the project but this week the truck has suddenly “surfaced” at the website of the Russian Patent and Trademark Office.

According to the information given on the website, an industrial design application for the truck was filed on May 6 last year, that is almost immediately after its premiere in Beijing, which took place on April 26.

The truck mocks US military F-117 Nighthawk aircraft, uses many parts found in Ford F-450 Super Duty pickup truck, and is features a 6.8-liter V10 367 hp petrol engine. Many parts of the interior were also borrowed from its american counterpart, but have an “exclusive finish”, including gold plating. The extra charge for the new body is astronomical: the manufacturer asks 1.85 million dollars for their marvelous vehicle, although it is still unknown whether at least one retail unit has been released.

One way or another, the Russian Patent and Trademark Office issued  industrial design patent 102874 to the applicant (Baging AS Tech Tech.). The authors of the industrial design are Chinese citizens Zhang Zang and Venrui Lee. For what purpose the Chinese need a patent in Russia, one can only guess. It is not excluded that they expect to sell Kalman King to our oligarchs, but the idea, frankly, is doubtful, and the certification of the truck will cost a fortune, thus only increasing its final price.

Black Russian Cocktail

Supreme Court: “Black Russian” trademark registration in Russia should be suspended

The Supreme Court of the Russian Federation confirmed the legality of the decision by Rospatent to invalidate legal protection for the “Black Russian” trademark.

As was previously found, the trademark registration in Russia has been made on June 10, 2013 in the name of a Dutch company Berklee Capital S.A. and covers “alcoholic beverages, namely cocktails” under the 33rd class of the International Classification of Goods and Services.

The grant decision was opposed by TSN Brands LTD on April 20, 2015 by filing an objection with Rospatent in a protest against granting legal protection to the trademark.

On December 29, 2015, the Russian Patent and Trademark Office agreed with the objection and suspended legal protection of the trademark. According to Rospatent, the “Black Russian” designation is the name of a type of food products – namely well-known cocktails – which does not possess a distinctive ability and thus cannot be used as a trademark.

This decision has been appealed by Berklee Capital S.A. to the Russian Intellectual Property Court (IPC), and later to the Supreme Court.

The Russian Intellectual Property Court in December 2016 confirmed the legality of Rospatent’s decision to invalidate the Black Russian trademark. Thus, the court rejected the cassation of Berklee Capital S.A. on the findings of IPC as the first instance. The Dutch company appealed to the court to challenge the decision of Rospatent.

The Russian Patent and Trademark Office found that the Black Russian designation was coined long before the filing date as the name of a cocktail consisting of vodka, coffee liqueur, and ice. At the same time, both Black Russian and its Russian translation (“Черный Русский”) is used as the designation of the drink.

Rospatent has noted that  the description of the classic proportions and the recipe of the cocktail are found at the official website of the International Bartenders Association, which means that every barman can use them freely.

Despite the fact that the cocktail compositions can have different ingredients (in some versions it is mixed with Coca-Cola to reduce the alcohol contents), the base has always remained the same, that is, in any case it is a mixture of vodka and coffee liquor.

On the basis of an information letter by the Russian League of Bartenders, Rospatent has found that Black Russian / “Черный русский” cocktail is included in the list of official cocktails by the International Bartenders Association and has been known since 1949 and later appeared in Russia during in the early 1990s. The cocktail is also commonly included as a part of the mandatory bartender training program.

Rospatent came to a conclusion that Black Russian is perceived by the inhabitants of the Russian Federation as a certain type of cocktail, produced according to a certain recipe, thus having no distinctive ability, while being used as a designation for certain types of goods.


Donald Trump seeks to register “Keep America Great!” trademark in Russia

The company of the US President Donald Trump ‘Trump Organization’ filed an application with Rospatent to register two trademarks in Russia: ‘Keep America Great!’ and ‘Сохраним Америку великой!’ (translated into Russian). This is reported by the Moscow City News Agency with a reference to a copy of the relevant document in its possession.

“I was approached by Trump Organization’s lawyers asking for help in registering ‘Keep America Great!’ and ‘Сохраним Америку великой!’ brands; at the moment, they are commissioned by Donald Trump to register this slogan almost all over the world before the 2020 US presidential election”, said an anonymous Russian patent attorney who provides advice on trademark registration in Russia.

According to him, this trademark registration is sought in attempt to protect the rights to the brand. It is believed that this slogan is supposed to be used in 2020 for the pre-election campaigning of Americans living in Russia. The news agency notes that Trump himself, and also his company and family members, hold several trademarks in Russia at the moment, including ‘Trump Tower’, ‘Trump Home’, ‘Trump’, ‘Ivanka Trump’, ‘Ivanka’, ‘Trump international hotel and tower’, which cover real estate development, various retail products, such as jewelry, and also advertising.

During the presidential election campaign in the US in 2016, Trump’s motto was “Make America great again!”. Donald Trump’s inauguration as the 45th US president took place on January 20th, 2017. In his speech, he said that his main priority would be working for the benefit of the United States, and promised to return power to the American people. “Starting from this day, we will be guided by a new principle: America is above all”, declared the head of state.