NOT ALL INTERNET MEMES CAN BECOME TRADEMARKS
6 Oct 2023
EURASIA
share
The individual entrepreneur attempted to trademark the phrase "How do you like that, Elon" (“Как тебе такое, Илон”). He was refused.
According to Rospatent, the claimed designation does not have a distinctive ability and cannot serve as a means of individualization of goods and services of one person. The Intellectual Property Court upheld the position of Rospatent.
The phrase "How do you like that, Elon Musk" has become widely known as a popular Internet meme. Russian netizens use it to mock ridiculous inventions, ironically challenging American engineer and entrepreneur Elon Musk.
The controversial designation does not include the last name "Musk". However, this does not change his perception and does not entail the loss of recognition of the meme.
A popular Internet meme is widely used in relation to any goods and services, including those not directly related to the field of technological progress. Therefore, the controversial designation will not perform an individualizing function.
It should be noted that earlier, in the framework of another case, the Intellectual Property Rights Court considered it possible to register as a trademark the designation "ROSSIANO", which also reproduces a well-known Internet meme (decision dated May 25, 2023 in case No. SIP-155/2023).