Obtaining Letters of Consent in the Process of Trademark Registration

Our specialists have the expertise to successfully negotiate with trademark owners in order to obtain letters of consent for trademark registration.

Today, the practice of obtaining letters of consent is widely used in trademark registration.

The possibility of registering similar marks with the consent of the holders of “senior” marks is provided for by current Russian legislation (Article 1483(6) of the Civil Code of the Russian Federation). This approach is now common both in Russia and abroad, since the means of visual and phonetic expression available for creating new marks are inherently limited.

Better to Negotiate than to Litigate

Our specialists conducted successful negotiations with Société des Produits Nestlé S.A., obtaining consent for the registration of a trademark in respect of goods and services of Nice Classes 29, 32, and 43 (Certificate No. 638 330).

About Nestlé

Nestlé is a Swiss multinational company and the world’s largest food manufacturer. Its headquarters are located in Vevey, Switzerland. Nestlé produces instant coffee, mineral water, chocolate, ice cream, broths, dairy products, baby food, and pet food. The examination had opposed the client’s marks to those of Nestlé, including International Registration No. 1 112 723, registered in relation to goods in Classes 29 and 32.

Vasileostrovskaya Brewery Obtains Its “Gerberg”

Despite the similarity of the verbal elements of the marks compared, we managed to convince our colleagues to provide our client with consent to register the trademark.
Our client is Vasileostrovskaya Cheese Dairy, located in the historic center of St. Petersburg. Gerberg is the company’s core brand, inseparably connected with the history of the city. The name derives from the German word Herberge. By decree of Peter I in the early 18th century, “Herbergs” were the designated accommodations for foreign specialists arriving to build the new capital.
The twenty-five Herbergs built at that time in St. Petersburg provided essential conditions for the life and work of professionals who made an invaluable contribution to the birth of Russia’s northern capital.