Kirill Katkov has explained to Pravo.ru how to obtain consent to register a name as a brand name

Many people from different professions register their names or pseudonyms as trademarks and use them in the name of their business. In this case, the right holder may be, for example, a label with which the musician works, or a company – a business partner of the entrepreneur who has already acquired a certain degree of popularity. However, in such a case, in case of termination of the relationship, the rights to the brand may be challenged, so it is important to initially properly execute the consent to the registration of such a trademark.

Kirill Katkov, Associate at Maxima Legal, told Pravo.ru that in accordance with the rules from the Ministry of Economic Development’s Order No. 482 and Order No. 12 of the Director of the Federal Institute of Industrial Property, the consent must include:

• full information about a person who gives a consent to registration of the designation as a trademark: his name, indication of his place of residence or location;
• full information on a person to whom the consent is given: his name or name, indication of his place of residence or location
• a consent of a right holder with the application number, if any, and the description of the designation applied for registration, which is also attached to the document;
• a specific list of goods/services for which the brand may be registered;
• the date of the document and the signature of the authorised person.

The original of the consent shall be attached to the materials of the trademark application. According to the expert, since there is no specific form of the document in the law, it can be issued in the form of a paper signed only by the owner of the name or pseudonym, or formalised as a contract.

 

“A person registering a brand needs to understand that an abstract consent to the use of a name or a pseudonym in trademarks, which may appear to him or her outwardly attractive, will not be valid for Rospatent. It is necessary to detail in the consent as much as possible both the designation itself, in which the name or pseudonym will be used, and the corresponding goods”, Kirill Katkov summarised.

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