The application proceedings brought by Euroset (internet shop) were stayed by the Russian Arbitrage Court on 3 March due to the failure of the applicant to comply with some formalities. Euroset are attempting to apply against the refusal of ROSPatent to register a word mark HALYAVA ("халява") in Classes 18, 25, 32 and 33, which include leather products, clothing and beverages containing varying percentage of alcohol.
The actual word is a slang commonly used among young people and meaning "freebie" or "free ride". Getting something "na halyavu" (as a freebie) is seen as a great achievement by teenagers (mostly) because no effort was made and no money was paid to receive the benefit in question, be it a free cake at a canteen or a free cinema screening thanks to the inattentive ticket collector.
The ground for refusal was the negative meaning of the word and its contradiction to "the society's interests" as it promotes "satisfying one's needs on others' accounts". Euroset disputed this finding, saying that the word should be regarded as a "joke". Furthermore, they already own the mark in relation to products (such as fishing and publishing equipment) and services (such as insurance, telecommunication and scientific research).
Nevertheless, Euroset's arguments were rejected because of the immoral character of the word and its negative effects on the society as a whole. Interestingly enough, ROSPatent seems to consider it immoral to imply receiving drinks and shoes on another's account whilst advertising insurance and financial services under the same mark is acceptable.
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