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Naming: All Articles

FAQ about Naming

Can I use a name in a foreign language?

Under Russian law, a foreign-language name (including Latin script) can be registered as a trademark; however, consumer-facing information and signage must appear in Russian or have an equivalent Russian duplicate. In practice, it’s wise to protect the Cyrillic transliteration too: Rospatent assesses phonetic similarity, and Latin/Cyrillic versions may be deemed confusingly similar.

How do I choose Nice classes for registration?

List your current and near-term (1–3 years) goods/services and map them to the Nice Classification—don’t rely only on class headings; use explanatory notes and the alphabetical list. Prefer validated terms via Rospatent/FIPS tools, WIPO’s Madrid Goods & Services Manager, and/or EUIPO’s TMclass to reduce objections and speed examination.

How do I check registrability in other countries?

Run a knockout search: WIPO’s Global Brand Database for broad coverage, TMview for EU and many non-EU offices, plus national databases in target countries (e.g., USPTO). If you plan to file via Madrid, also check international registrations and status in Madrid Monitor/eMadrid. Aggregators aren’t complete, so have counsel run final checks in key jurisdictions.

Do I need to register the domain as a trademark?

Not required: domains and trademarks are different legal regimes, and a domain doesn’t confer trademark rights—you can even lose a domain if it conflicts with an earlier mark. That said, a registered mark strengthens your hand in UDRP actions against cybersquatting and gives access to ICANN mechanisms (e.g., Trademark Clearinghouse/Sunrise) for new TLD launches.

What names cannot be protected as a trademark?

Generic terms, purely descriptive words, non-distinctive signs, deceptive/misleading indications, and marks contrary to public policy or accepted principles of morality are typically refused on absolute grounds (Russia/EU and internationally).

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