And the Internet is full of talk about advertising labeling – this is because fines for non-compliance with the innovations will come into effect on September 1. We have already written about the nuances of labeling , and now our colleagues from Online Patent have told us how to protect a trademark in advertising from competitors and claims.
Innovations in Internet Advertising
Since September 1, 2022, a law on advertising labeling has been in effect in Russia – according to it, all ads, banners and advertising posts in social networks and blogs can only be publish with the “Advertisement” mark and a special identification number – a token. It is issu by Advertising Data Operators. ORD are intermiaries in the new advertising chain that transfer information about post materials to Roskomnadzor.
Fines are provid for anyone who does not comply with the new requirements, does not mark posts and fails to submit documents on time.
Their amount is differentiat from September 1, 2023 :
If the advertiser has violat the deadlines for submitting information to ERIR, has not provid data or has provid it incompletely:
If the ORD has not provid information to Roskomnadzor or has violat the deadlines and procure for submission: If there are several violations, the fines may be add up.
Use of a Trademark in Online Advertising
In addition to marking, another important point to consider in online advertising is trademark protection . You can use someone else’s trademark in advertising in several cases:
the designation began to be us before the trademark was register;
use for informational and descriptive purposes;
using a designation as a keyword to set up contextual advertising if the trademark is not contain in the advertising itself.
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But an attempt to make money on someone else’s trademark may end in a fine – using someone else’s brand in advertising for commercial purposes is only possible with the consent of the copyright holder. Let’s look at 3 rules that will help you avoid claims from competitors and regulatory authorities and protect your brand from illegal use in advertising.
Rule 1: Register a Trademark
Only with a trademark certificate can an offender who illegally uses someone else’s brand in his advertisements be held accountable.
An example from judicial practice. A legal entity appli to the court, demanding to prohibit the use of the designations “Green mustard” and “Green mustard” in relation to similar goods, including on the Internet. The courts agre with these demands, simultaneously collecting compensation (Resolution of March 24, 2022, case No. A57-25604/2019 ).
In this case, the certificate protects the company from illegal use of the mark, since the owner of the trademark has the right to:
Demand removal and compensation if a register brand is illegally plac within an advertising message.
Rule #2: Be careful when using someone taiwan telegram marketing else’s sign as a keyword in contextual advertising
When you search for something on the Internet, you try to enter the simplest and most precise phrase into the search so that the answer is relevant – such phrases are call keywords. And if the user is looking for a specific brand, the search results may include advertisements from its competitors.
Example of a query for a competitor’s keyword
An example from judicial practice. When entering the phrase “idealday” in the search engine, Yandex Direct contextual advertising appear: “Delivery every day – with GF every day – ideal-day!” The copyright holders of the Ideal day brand did not like this (yes, such a combination is includ in the Rospatent Registers), and they demand compensation. The IP refus: “as a general rule, the use of someone else’s service mark as a keyword in contextual advertising without the consent of the copyright holder, if the trademark is not us in the ad itself, is not an infringement” (Resolution of the Intellectual Property Court of December 3, 2021 No. C01-1736 / 2021 in case No. A56-115405 / 2019 ).
True, there is an exception to every rule
The Feral Antimonopoly Service often recognizes the actions of advertisers in such cases as non-competitive (Decision of the Feral Antimonopoly Service for the Ryazan Region dat August 14, 2020 N 062/01/14.6-247/2020). This happens phone number lt when advertising is not display in search results, but, for example, when entering a key phrase in this field:
Example of an advertising insert when typing a keyword
An example from judicial practice. In 2020, the IPSC made a decision regarding a conflict between two legal entities engag in examination and issuance of mical books and certificates. The copyright holder drew attention to the fact that when entering the combination of words “center for mical books and certificates” in a search engine, an advertisement appears with a link that, when click, shows their potential competitors. The antimonopoly authorities and courts consider that in this case there were violations, since the legal entity was misleading and could potentially cause losses to the copyright holder (IPSC Resolution of July 9, 2020 in case No. A63-16833/2019)
What to do if your trademark is us in advertising
If you suddenly see your trademark in someone else’s advertising, check:
confusing similarity – the name may partially repeat someone else’s trademark to the point of confusion, so that the consumer may confuse the brands;
homogeneity of goods and services – if you have a restaurant and another company uses the same name in the construction industry, this is not consider a violation;
absence of an agreement on brand use – the designation can only be us with the written permission of the copyright holder.
