Russia: Halloween cannot be privatised

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Russia: Halloween cannot be privatised

An applicant filed a trade mark application for Halloween in respect of goods in classes 4, 9, 16, 21, 24-26 and 28 (see picture).

halloween.jpg

The examiner in the patent office rejected the application, then the applicant appealed the decision of the examiner at the appellate board and again lost. The rejection was based on a number of considerations.

Halloween is one of the oldest holidays in the world. It is a mixture of Celtic and Christian traditions to worship their saints. The origin of Halloween dates back thousands of years. There is a Celtic festival named Samhain which marks the end of the harvest season and the beginning of winter or the darker half of the year. It may also be associated with Pomona, a goddess of fruitful abundance in ancient Roman religion. Ireland is considered to be the home country of Halloween though it is the United States where the traditional Halloween is celebrated on a large scale.

It came to Russia in the 1990s and remains exotic and ambiguous. It imbibed some of the traditions and is a holiday in a jocular and chilling style with specific paraphernalia, such as fancy dresses, masks, toys and souvenirs associated with specific subjects such as monsters, devilry, witchery and death. Though the holiday is not yet very popular, shops in many Russian cities and online stores offer a vast array of goods related to Halloween.

The collegium of the patent office concluded that the word Halloween is not distinctive and cannot represent its main function – individualize the goods in classes 4, 9, 16, 21, 24-26 and 28 (these goods are attributes of holiday fancy dresses, masks, knick knackery, glasses, post cards and other souvenir products). The word needs an unrestricted use and giving exclusive right to that word will deprive other persons from using it.

Besides, even though the claimed designation features a word element – "Halloween" which denotes a holiday – it also includes a symbol of death, a skeleton. According to the collegium of the patent office one cannot deny the fact that the image of skeleton symbolises a mummy, parched up body and eventually death. All this creates a negative connotation of the designation.

In this way, the patent office saved Halloween from being usurped by one person and allowed it for use by anybody who likes devilry.

biriulin.jpg

Vladimir Biriulin


Gorodissky & PartnersRussia 129010, MoscowB. Spasskaya Str25, stroenie 3Tel: +7 495 937 6116 / 6109Fax: +7 495 937 6104 / 6123pat@gorodissky.ru www.gorodissky.com 

more from across site and SHARED ros bottom lb

More from across our site

Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Gift this article