The document was developed in connection with the adoption of amendments to paragraph 1 of Article 1499 of the Civil Code of the Russian Federation “On Appointment Examination”. The Moscow Patriarchate supported the innovation. It will help protect the rights of Orthodox Christians, Muslims and other religious Russians from violations, experts say.
According to the new edition of the Civil Code, which was supplemented by the adoption of Federal Law No. 190-FZ of July 22, 2024, the Ministry of Economic Development of Russia sets out the specifics of the examination of designations conducted by Rospatent. applied for registration as trademarks and contain religious symbols. Simply put, any trademark with religious semantics in its name will undergo additional examination after the order comes into force.
The examination of the marks will be carried out by the Interfaith Council of Russia, which includes Patriarch Kirill and the heads of the country’s largest religious organizations.
The draft order states that the exam will be held by specialists of the Interfaith Council of Russia (IRC). Its honorary chairman is Patriarch Kirill of Moscow and All Russia, and its presidium includes the heads of the largest religious organizations of Russian Muslims, Jews and Buddhists.
Rospatent will send information on the application for registration of a trademark to the MSR. In response, the council’s experts will issue an opinion with a recommendation on the possibility or impossibility of registering a particular name as a trademark.
Rospatent will send for examination to the MSR only those applications in which the trademark designation includes “images of religious objects, religious symbols, words with a religious orientation, images and names of deities and (or) other persons revered by believers,” the draft order of the head of the Ministry of Economy says.
Trademarks in Russia are registered, on average, in about 4 months – this is four times less than the period established by the regulations, which should not exceed 18 months. If the MSR’s conclusion is received before registration, Rospatent will take it into account when conducting its own examination. After registration of a trademark, the council’s conclusion will no longer be taken into account, it follows from the document. If the Interfaith Council of Russia issues a negative opinion, Rospatent will send a copy to the applicant within five working days.
The use of religious symbols in trademarks and trade names requires special attention and consideration, the press service of the Ministry of Economic Development explained to RG correspondent.
“In order to take into account the interests of society in the best possible way, we plan to use the experience of the Interfaith Council of Russia when registering trademarks. A clearer legal regulation of this process will avoid offending the feelings of believers, on the one hand, and on the other hand, it will contribute to a more in-depth study of branding issues by entrepreneurs and naming,” said a representative of the ministry.
Russia is a multinational and multi-religious country, and every religion deserves the deepest respect, support and protection, Rospatent director Yuri Zubov told RG.
“Therefore, when registering trademarks containing phrases related to religious themes or reproducing religious symbols, the opinion of the organization that brings together representatives of traditional religions will be taken into account. This will avoid situations where legal protection may be obtained for designations that offend the feelings of believers,” he said.
The Russian Orthodox Church is convinced that the commercialization of religious images, symbols and concepts, as well as granting individuals the exclusive right to use them, is unacceptable, says the head of the Legal Department of the Moscow Patriarchate, Abbess Ksenia (Chernega).
“The use of religious designations as trademarks, in particular for labeling alcoholic products, can be regarded as an action aimed at offending the religious feelings of believers. Therefore, we support the proposal to involve the Interfaith Council of Russia to examine applications for registration as a trademark of the sign designation containing religious symbolism or semantics,” the abbess said.
Brands with religious symbols can violate the rights of Muslim believers, both intentionally and through misunderstanding, Roman Silantiev, a professor at Moscow State University and an Islamic scholar, said in a conversation with RG.
“There are obvious examples, such as calling meatballs or sausages containing pork “Muslim.” If a drinking establishment is called “Alla, I’m going to the bar,” then, in my opinion, this can offend believers because of its consonance. In addition, when choosing a brand, there are also symbols of various Islamic religious organizations related to the use of Arabic,” the expert added.
The examination will exclude both intentional and unintentional insults to believers.
Previously, Rospatent experts independently examined applications with religious symbols and semantics, Russian patent attorney Alexey Bashuk recalled. And despite the fact that special attention is paid to such applications, there is always a risk that the public and religions will make a critical assessment of the registration.
“Sometimes, such criticism can lead to filing an objection to registration and subsequent cancellation of an already registered trademark, as a result of which the copyright holder of the trademark loses his rights after the new regulation comes into force, Rospatent, when the new regulation comes into force, will be able to rely on additional expert opinion of representatives of religions when making a decision on registering a trademark. Thanks to this, the copyright holder will receive a more stable exclusive right to a trademark, and society will be much less likely to encounter cases of ambiguous use of religious themes in commercial activities,” concluded Alexey Bashuk.
