On May 29, 2023, Federal Law No.143-FZ of May 28, 2022 “On Amendments to Part Four of the Civil Code of the Russian Federation” came into force.

The law establishes a ban on state registration as trademarks of designations that are or contain elements that can mislead consumers about the place of production of goods. The changes are aimed at protecting regional manufacturers and preventing the registration of trademarks with "geography" in the name of applicants from other regions.

The current version of the Civil Code of the Russian Federation introduces provisions restricting the registration as trademarks of designations containing, reproducing or imitating registered GIs (geographical indications) or AOs (appellations of origin) or applied for as such, in relation to homogeneous goods. At the same time, it is possible to register such trademarks in the name of the right holder to use the GI or AO.

Moreover, if such designations are applied for registration in respect of goods that are heterogeneous with those for which GIs or AOs are protected or filed for registration, then such designations may be registered as trademarks subject to the following condition. The claimed designations should not be associated by consumers with a GI or an AO and should not infringe on the legitimate interests of the right holder of a GI or an AO.

The rules for the state registration of the disposal of the exclusive right to a trademark have also been adjusted. In particular, the alienation of the exclusive right to trademarks is prohibited, as well as the granting of the right to use trademarks that include, reproduce or imitate registered GIs or AOs, if this may mislead consumers as to the place of production of the goods.