The Intellectual Property Court, by its decision dated February 1, 2023, upheld the judicial acts previously adopted by lower instances on bringing an individual entrepreneur to administrative liability for the illegal use of someone else's trademark.

The Intellectual Property Court referred to the fact that the actions of the individual entrepreneur contained elements of an administrative offense.

In his defense, the individual entrepreneur referred to the fact that the controversial designation "Rubik's Cube" was not used by him to individualize the goods.
As the Intellectual Property Court pointed out, the use of words, including common nouns, registered as a trademark, is not its use if it is carried out in a common sense, not for the purpose of individualizing a particular product, for example, in written publications or oral speech.

In the framework of the case under consideration, the Intellectual Property Court found that the individual entrepreneur imported children's toys marked with the designation "Rubik's Cube" into the territory of Russia. The right holder of the trademark "Rubik's Cube" and "Rubik" is a foreign company, and it did not provide the individual entrepreneur with permission to use its trademarks registered in Russia in relation to toys. Also, the Intellectual Property Court found that the designation "Rubik's Cube" was not used by the individual entrepreneur in the common sense, as an advertising element containing only an informational purpose.

Thus, before placing any designation on a product, and no matter how it may seem that due to frequent use it has become a household name, the following rules must be followed. First, make sure that the designation is not registered as a trademark and your actions will not violate exclusive rights. Second, the Russian Patent Office has a special procedure for the early termination of the legal protection of a trademark in the event of its transformation into a designation that has come into general use as a designation of goods of a certain type. With the help of this tool, you have the opportunity to early terminate the validity of such a trademark and not be afraid that you will be held legally liable