Trademark: Legal protection of the brand

Protection and defense are not synonyms, but two different processes

Trademark protection is a status that arises after registration. The state recognizes: this designation belongs to you in certain classes of the Nice Classification, and that's it. Then protection begins — a set of actions you take to make this right actually work: market monitoring, demands, courts, interaction with platforms.

The problem of most entrepreneurs is that they stop at the first stage. They registered the mark, exhaled, forgot. And after two years they discover that a competitor is selling a similar product under a similar name — and with surprise they learn that the court will do nothing without active actions on their part. Protection is potential. Defense is work, and it is constant.

Why a similar logo is not always a violation

The most common misconception: if a name or logo visually resembles your trademark, then the violation is proven. In practice, the court requires simultaneous fulfillment of three conditions. The absence of any one — and the case is lost, even if the similarity is obviously evident to the naked eye.

• Similarity to the point of confusion — the designations are so similar that an ordinary consumer might confuse one with another without specifically looking at them;
• Homogeneity of goods or services — the competitor operates in the same or related field, where customer confusion is possible;
• Commercial use without the consent of the owner — the designation is used for profit extraction purposes, not, for example, in a personal or educational context.

The key point that most articles miss: protection applies strictly within the classes of the Nice Classification in which the mark is registered. A cafe named 'Aurora' (43-class) cannot prevent a paint manufacturer from using the same word 'Aurora' (2-class) — the goods do not compete, and consumers will not confuse a can of paint with a cup of coffee. If someone tried to register a coffee shop named 'Aurora' in a neighboring city — only then would homogeneity and similarity work together, and the lawsuit would be justified.

How to prove infringement: from a screenshot to a lawsuit

Documenting the infringement is not just 'take a screenshot and file a lawsuit.' A solid evidence base is required that will withstand the defendant's expert review. Infringement can manifest in various channels, and the action algorithm slightly differs depending on the platform.

1. Document the use of the mark — a notarized site inspection protocol, screenshots with date and time through services like Wayback Machine, purchasing a product with a receipt from the infringer;
2. Identify the platform of infringement — social networks (account using your name or logo in the profile header or ads), marketplaces (product listing with a similar brand), domain name (a duplicate site parasitizing on traffic);
3. Send a cease and desist letter to the infringer — out-of-court settlement is mandatory for most disputes, with a typical response time of 30 days;
4. Contact the platform directly — Wildberries, Ozon, Instagram, and others have forms for rights holders that allow blocking a listing or account without a court;
5. If there is no response — file a lawsuit demanding compensation under Article 1515 of the Russian Civil Code.

The compensation amount is from 10 000 to 5 000 000 rubles. This fundamentally differs from the standard compensation for damages: the claimant does not need to prove the exact amount of losses incurred, as the court itself determines the size based on the nature of the violation, the scale of the infringer's activities, and their guilt. It is precisely this feature that makes the trademark a much more effective tool of protection than, for example, copyright, where it is almost always harder to prove damages.

The risk of losing the mark due to inaction

Registration is valid for 10 years from the date of application and can be renewed unlimited times — seemingly eternal protection. But there is a catch: if the mark is not used for three consecutive years, any interested party can file a request for early termination of protection through the court or Rospatent.

Here is an important detail that is rarely mentioned: the burden of proving use lies with the owner, not with the person attempting to cancel the mark. This means that simply stating "I used it" will not suffice — documents are required: supply contracts, receipts, screenshots of the website with dates, advertising materials, invoices. Companies that register a mark "for the future" and do not launch their product for years risk losing their rights at the exact moment they decide to finally use it.

Three-level system: one registration is not enough

Legal registration is the foundation, but without the other two levels, the brand remains vulnerable. Effective protection is built on three supports simultaneously.

Legal level

Registration includes not only the current name but also potential directions of development — related Nice classes that the company may occupy in two to three years. Expanding protection retroactively is more expensive and slower than planning it in advance.

Technical level

Domains, social media accounts, nicknames on marketplaces must be secured by the company before someone else does. An unused domain with the brand name is an invitation for a cybersquatter, and an unregistered Instagram account under the brand name can be taken by a competitor in one evening.

Contractual level

Everyone who participated in creating the name, logo, or slogan — designers, copywriters, agencies — must formally transfer their rights to the company in writing. Without such an agreement, the formal author of the logo technically remains its owner, creating a loophole that unscrupulous partners regularly exploit.

What about protection outside of Russia

Registration at Rospatent is only valid within the territory of Russia. If a brand is expanding to foreign markets, a separate procedure is required: either international registration through the Madrid System (a unified WIPO database covering dozens of countries with a single application), or national registration in each country separately. Companies that plan to expand but delay this issue until actual market entry often discover that the name is already taken abroad — and are then forced to either purchase the rights from the local owner or rebrand under a new name.