Article 1474. The Exclusive Right to a Company Name

1. A legal entity owns an exclusive right to use its company name as a means of individualization in any manner not conflicting with a law (exclusive right to a company name), for instance by posting it on billboards, letterhead papers and other documents, in announcements and advertisements, on goods or packages of goods.
Abbreviated company names and also company names in the languages of peoples of the Russian Federation and in foreign languages are protected by an exclusive right to a company name if they are included in the comprehensive state register of legal entities.

2. The disposal of an exclusive right to a company name (for instance by means of the alienation or grant to another person of a right to use the company name) is prohibited.

3. It is prohibited for a legal entity to use a company name identical to the company name of another legal entity or similar to such name to the degree of confusion if the said legal entities pursue similar activities and if the latter's company name had been included in the comprehensive state register of legal entities earlier than the former's.

4. If a right holder so demands a legal entity in breach of the rule set out in Item 3 of the present article shall stop using a company name identical to the company name of the right holder or similar thereto to the extent of confusion in respect of the types of activity similar to those pursued by the right holder, and he/it shall compensate the right holder for the damages inflicted.

Article 1475. The Effect of Exclusive Right to a Company Name on the Territory of the Russian Federation

1. The exclusive right to a company name included in the comprehensive state register of legal entities is effective on the territory of the Russian Federation.

2. An exclusive right to a company name comes into being as of the date of state registration of the legal entity and is terminated as of the time when the company name is deleted from the comprehensive state register of legal entities in connection with the termination of the legal entity or a change in its company name.

Article 1476. Correlation between Rights to a Company Name and Rights to a Commercial Name, a Trademark and a Service Mark

1. A company name or specific elements thereof may be used by the right holder as a part of a commercial name owned by the right holder.
A company name included in a commercial name is protected irrespective of the protection of the commercial name.

2. A company name or specific elements thereof may be used by the right holder in his/its trademark and service mark.
A company name included in a trademark or service mark shall be protected irrespective of the protection of the trademark or service mark.

 

 

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