Russia's IP Court has clarified that a sign does not need to be used in every Russian region to qualify for protection as a well-known trademark.
What changed
In case No. SIP-286/2026, Smart Retail LLC, the operator of the Samokat delivery service, challenged Rospatent's refusal to recognise the "Самокат" designation as well known for retail sale of food through a mobile application and food delivery services in Classes 35 and 39.
Rospatent had treated the applicant's territorial coverage as a weakness. According to the official refusal materials, the service was present in 53 out of 89 Russian regions, with dark stores appearing in 12 regions only in 2024.
The IP Court disagreed with that approach. It held that Article 1508(1) of the Russian Civil Code focuses on whether the designation is widely known among the relevant consumers and associated with the relevant goods or services. Territorial coverage is relevant, but it is only one factor and is not a standalone nationwide-presence requirement.
Who is affected
The decision is relevant for owners of delivery, e-commerce, marketplace, software and other digital brands whose services may have strong national recognition without physical presence in every region of Russia.
Practical action
Applicants seeking well-known trademark recognition should build the evidence file around consumer perception, independent survey evidence, service use, advertising reach, media coverage and commercial scale. Geographic coverage should be addressed, but it should not be treated as the only decisive criterion.
The case also underlines the importance of survey design. The official refusal materials recorded that 97% of respondents knew the tested designation and 89% associated it with delivery services, but Rospatent criticised other aspects of the survey. The court's decision shows that survey evidence should be prepared so that both recognition and association with the relevant services are clear.
Source and status
The IP Court decision is dated 21 August 2026. The court invalidated Rospatent's refusal and ordered the designation to be entered in the Russian register of well-known trademarks from 1 April 2024. The further procedural status should be checked before relying on the decision in a specific matter.
Sources: Russian Commercial Courts case card, No. SIP-286/2026; Rospatent refusal materials; Pravo.ru case note.
This update is provided for general information only and does not constitute legal advice. The position in a specific matter depends on its facts, evidence, procedural status and applicable law.