"Advokatskaya gazeta" published the opinion of the Infralex attorney, Pavel Shulgf on the decision of the Constitutional Court of the Russian Federation

"Advokatskaya gazeta" published the opinion of the Infralex attorney, Pavel Shulgf on the decision of the Constitutional Court of the Russian Federation on the establishment of the priority of a well-known trademark "retroactively".

Pavel Shulga stressed that the definition of the CC finally establishes the long-standing approach in the law enforcement practice of the Chamber on Patent Disputes of Rospatent to the interpretation of the provisions of article 1508 of the Civil Code of the Russian Federation.

Attorney noted that for applicants who are used to relying only on the results of checks on Rospatent registers when registering a trademark, this approach involves risks of subsequent challenge by third parties of their trademark with opposition to the designation to which public knowledge will be assigned "retroactively."

In order to minimize this risk, according to the expert, it is possible to use the hint contained in the definition of the CC to challenge the general knowledge of the trademark on the basis of its loss on a certain date, including the priority date of the competing trademark.