Court Orders Rospatent to Recognize 'Savushkin' and 'Brest-Litovsk' as Well-Known Trademarks
Sourse: sostav.ru
The Intellectual Property Rights Court (IPRC) has issued rulings obliging the Federal Service for Intellectual Property (Rospatent) to register the designations 'Savushkin' and 'Brest-Litovsk' as well-known trademarks in the Russian Federation. The plaintiff was the Belarusian company 'Savushkin Product'.
Previously, Rospatent twice, in 2023 and March 2025, refused the company the status of a well-known trademark for the designation 'Savushkin' concerning dairy products (yogurt, cottage cheese) of the 29th class of the Nice Classification (NCL). To support its position, 'Savushkin Product' presented an extensive package of evidence, including research from VTsIOM, accounting and marketing data, advertising contracts, sales reports, and exhibition materials.
In its refusals, Rospatent indicated that other designations ('TEOS', 'Savushkin Khutorok') dominated the packaging of the goods, advertising campaigns primarily promoted other brands, marketing rankings did not demonstrate the company's significant market position, and sociological surveys were deemed unrepresentative.
However, the Intellectual Property Rights Court determined that Rospatent did not conduct a full and comprehensive assessment of the materials presented, making unfounded conclusions about the 'formal' nature of sales and the limited geographical coverage of product distribution. The court emphasized that the agency did not consider data on the scale of supplies, sales volumes, and territorial coverage of advertising activities. It was also noted that the subsidiaries of 'Savushkin Product' operating in Russia form a single source of origin for the goods, and the notoriety of a mark is defined by consumer awareness of the designation itself and the associated goods, not the manufacturer.
As a result, the IPRC ordered Rospatent to include the 'Savushkin' trademark in the Register of Well-Known Trademarks of the Russian Federation for yogurt and cottage cheese of the 29th class of the NCL.
A similar decision was made regarding the 'Brest-Litovsk' trademark, which was also contested by 'Savushkin Product' for cheese and butter of the 29th class of the NCL.
Rospatent continued to insist on the insufficiency of evidence of active product promotion on the internet and the absence of information on the scale of audience coverage in sponsorship and advertising activities.
Nonetheless, the Intellectual Property Rights Court found that Rospatent effectively replaced the criterion of trademark notoriety with the criterion of the manufacturer's notoriety. Considering the significant volumes of cheese and butter supplies in the Russian Federation, the presence of products in all federal retail chains, substantial marketing expenses, and large-scale advertising campaigns on federal television and internet platforms, the court ordered Rospatent to register the 'Brest-Litovsk' designation as well-known.
In its refusals, Rospatent indicated that other designations ('TEOS', 'Savushkin Khutorok') dominated the packaging of the goods, advertising campaigns primarily promoted other brands, marketing rankings did not demonstrate the company's significant market position, and sociological surveys were deemed unrepresentative.
However, the Intellectual Property Rights Court determined that Rospatent did not conduct a full and comprehensive assessment of the materials presented, making unfounded conclusions about the 'formal' nature of sales and the limited geographical coverage of product distribution. The court emphasized that the agency did not consider data on the scale of supplies, sales volumes, and territorial coverage of advertising activities. It was also noted that the subsidiaries of 'Savushkin Product' operating in Russia form a single source of origin for the goods, and the notoriety of a mark is defined by consumer awareness of the designation itself and the associated goods, not the manufacturer.
As a result, the IPRC ordered Rospatent to include the 'Savushkin' trademark in the Register of Well-Known Trademarks of the Russian Federation for yogurt and cottage cheese of the 29th class of the NCL.
A similar decision was made regarding the 'Brest-Litovsk' trademark, which was also contested by 'Savushkin Product' for cheese and butter of the 29th class of the NCL.
Rospatent continued to insist on the insufficiency of evidence of active product promotion on the internet and the absence of information on the scale of audience coverage in sponsorship and advertising activities.
Nonetheless, the Intellectual Property Rights Court found that Rospatent effectively replaced the criterion of trademark notoriety with the criterion of the manufacturer's notoriety. Considering the significant volumes of cheese and butter supplies in the Russian Federation, the presence of products in all federal retail chains, substantial marketing expenses, and large-scale advertising campaigns on federal television and internet platforms, the court ordered Rospatent to register the 'Brest-Litovsk' designation as well-known.
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