Anton Pchelkin, Senior Associate in the Intellectual Property and Trademarks Practice at Pepeliaev Group, participated as a guest speaker in a meeting of the “Intellectual Property: Mine or Someone Else’s” club at the Higher School of Economics (HSE University). The topic of the session focused on non-traditional trademarks and approaches to selecting designations for promoting products in the market.
Anton’s presentation was devoted to holographic trademarks, in particular the practical aspects of registering them and using them in business. He discussed the specific features of such designations, their history, as well as the key challenges that applicants and rights holders may face. The discussion focused on issues such as proving that a holographic image is distinctive, nuances of protecting rights and proving infringements, as well as matters relating to use for the purposes of article 1486 of the Russian Civil Code.
Following the presentation, Anton provided a brief checklist to help assess whether registering a holographic trademark is feasible in a particular case. It was also noted that such designations can serve as an effective additional tool for individualisation, but are not always capable of replacing traditional word and figurative trademarks.
«Today, businesses are increasingly seeking new ways to capture a consumer’s attention, so the growing interest in non-traditional trademarks is natural», Anton noted. «However, registering them requires particularly careful preparation: it is important to assess in advance whether such a designation has sufficient distinctiveness, how it will be used, and how effectively it can be protected. Our practice helps clients not only to support the registration of such trademarks, but also to evaluate carefully when this tool will truly serve business objectives».
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