Articles

Many entrepreneurs believe that trademark registration is a waste of time and money. However, judicial practice demonstrates the opposite: a registered trademark becomes a powerful tool for business protection. It not only allows the owner to prohibit competitors from using similar designations, but also to recover compensation from infringers, block the import to Russia of counterfeit goods at customs, and in some cases, confiscate counterfeit products. Real-life case examples show what opportunities registration provides.

After trademark registration, its owner obtains the exclusive right to use the designation for the goods specified in the certificate. No one has the right to use a similar designation without the owner's permission, including importing such goods into Russia. Upon the right holder's application, customs may suspend the release of goods and subsequently initiate an administrative case.

As an example, we examined a group of cases concerning rice supplied to Russia from India.

Indian companies supplying rice under certain figurative and verbal designations often fail to register these designations as trademarks in Russia. Their Russian partners, when concluding supply contracts, did not verify the legal status of the designations on the imported goods. Meanwhile, Russian entrepreneurs – third parties unaffiliated by contract with these Indian manufacturers – can legally register similar designations in their own name, which they do. As a result, goods manufactured in India using original packaging are recognized as counterfeit upon import into Russia.

In case No. A32‑63353/2025 dated December 18, 2025, the manufacturer of the goods was the Indian company IAGS EXPORT PRIVATE LIMITED. Its products, totaling 45 tons, were detained at customs and subsequently confiscated by court order. Similarly, in case No. A63‑22795/2023, the Indian company P.K.OVERSEAS PVT. LTD supplied rice (approximately 6 tons) which was later recognized as counterfeit and destroyed. In case No. A32‑42713/2022, the court also confiscated goods from the same manufacturer.

In all these cases, the Indian exporters did not have registered/protected rights in Russia to the designations used, which allowed the Russian right holder to legally block the export of their products to Russia. For the foreign manufacturer, this meant not only the loss of goods, but also reputational damage, breach of contractual obligations to the Russian buyer, and additional expenses for storage and transportation. The Russian importer, in turn, suffers losses due to the inability to place the goods into circulation and also risks being subject to administrative liability.

Mechanisms for Protecting Right Holders in Russia

Trademarks enjoy legal protection in Russia provided they are either registered under the Madrid System for the International Registration of Marks through WIPO, or specifically with the Russian Patent Office (Rospatent).

Trademark registration in Russia provides Russian right holders with tangible legal mechanisms for protection, namely the right to:

1) demand administrative liability for infringers for illegal use of a trademark under Part 1 of Article 14.10 of the Code of Administrative Offenses of the Russian Federation – fines of up to RUB 200,000 with confiscation of goods (cases No. A32‑63353/2025, A63‑22795/2023);

2) recover substantial compensation through court proceedings for illegal use of the mark. The right holder may recover compensation of up to 5 million rubles or double the value of the counterfeit goods (Article 1515 of the Civil Code of the Russian Federation). For example, in case No. A56‑58420/2021, a Russian right holder of trademarks for Indian rice recovered compensation exceeding RUB 46 million from the infringer – a Russian importer;

3) block the import to Russia of counterfeit goods at customs using the Customs Register of Intellectual Property Objects (TROIS). Russian customs will automatically monitor the import of goods bearing this mark and suspend release without confirmation from the right holder (cases No. A32‑42713/2022, A32‑62866/2023).

It should be noted that Indian manufacturers often register their trademarks with the Office of the Controller General of Patents, Designs and Trade Marks (“CGPDTM”), for example KRBL Limited which owns INDIA GATE, a famous basmati rice brand; or P.K Overseas Pvt. Limited, owns “Basmati Mansa”. However, the registration of the national trademark in India does not protect its right holder in Russia.

We also note that several Indian rice manufacturers have registered their trademarks with WIPO, thereby extending their protection to Russia. These include companies such as LT Foods Limited, Amir Chand Jagdish Kumar Exports Limited, Shakti Bhog Foods Limited, ITC Limited, etc. This means that the risks described above regarding import of goods into Russia will not affect them.

Courts consistently protect the rights of bona fide right holders. A registered trademark becomes an asset that not only individualizes goods, but also reliably protects a business from counterfeits and illegal use. Every case where a right holder obtains a fine, confiscation or compensation confirms that registration is not a bureaucratic formality, but an investment in the security and stability of a company, including foreign companies.