When a Well-Known Trademark Defines a Product: Problems and Solutions

Well-known trademarks could be described as having reached a branding pinnacle. Their special status is down to multi-million investments in production and advertising, long-term and widespread use, and an impeccable reputation. The value of a well-known brand is frequently comparable to the value of the tangible assets behind it. Russian and international legislation offers protection for well-known trademarks that goes above and beyond that for regular trademarks. In particular, it acknowledges particular conditions which contribute to their recognizability, and which exist beyond the scope of goods and services. Today, more than 200 Russian and international trademarks are officially recognized in Russia as well-known brands. However, this status also encompasses some more obscure brands. Is it right to assign an equally high status to both indisputably famous brands and more niche examples which are not necessarily known to the regular consumer? Would it be prudent to rethink the way trademarks are recognized as well-known, and adopt judicial recognition along the lines of most other countries? Is public brand recognition an essential prerequisite to a trademark being designated as well-known? If a brand bears a degree of sameness or similarity with a well-known trademark to the point that they may be confused with one another, should its registration application be automatically denied, regardless of how similar the actual goods/services are? To what extent can the concepts of dilution, tarnishment and blurring become part of Russia’s protection system for well-known trademarks?