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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Russia: Confusion over emoticon trade mark application

The BBC and numerous other news sites report that Russian business man Oleg Teterin, whose company sells advertising on mobile phones, may have obtained trade mark protection for the emoticon ;-) from Russia's Federal Patent Agency. Mr Teterin has reportedly already announced that he will police the use of his trade mark. Interested parties may, however, be granted a licence, which would not "cost that much - tens of thousands of dollars", quotes the BBC.

While Class 46 readers might wonder about the distinctiveness of the emoticon or question whether it can denote trade origin, German news site Spiegel.de has further information. A spokesperson for Russia's Federal Patent Agency has already clarified the matter and is quoted as saying that Mr Teterin's emoticon trade mark application would be refused. An emoticon was a generic sign and such could not be trade mark protected.

Class 46: That things might be assessed differently on the other side of the pond is illustrated by US Trade Mark registrations No's 3451001 :o) and 2412079 :-(

Posted by: Birgit Clark @ 00.03
Tags: 3d trade marks, emoticon, Russia,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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