Eurasian trademark system: Key obstacles to overcome before it’s ready

The Eurasian trademark system is a proposed unified framework for registering and protecting trademarks across multiple countries within the Eurasian region, currently Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. The system aims to streamline the trademark registration and enforcement process by creating a single, cohesive system that would be recognized and enforceable across all participating nations. Here are some key aspects of the Eurasian trademark system.

Objectives and benefits

1. Unified registration: A single application process for trademark registration that covers multiple countries, reducing the administrative burden on businesses.
2. Harmonized protection: Consistent protection and enforcement of trademarks across participating countries, providing a uniform standard of intellectual property rights.
3. Cost efficiency: Reduced costs for businesses as they would no longer need to register trademarks separately in each country.
4. Enhanced cooperation: Improved collaboration among national patent offices, leading to more efficient handling of trademark applications and disputes.

Current status and implementation challenges

As of the latest discussions in the 2024 congress “Eurasian Trademarks and Utility Models,” the system is still in the planning and negotiation stages. Several significant points were highlighted:

1. Association and cooperation: There is a strong consensus on the benefits of a unified system. Enhanced collaboration among national offices is a way to streamline processes and improve efficiency.
2. Response to sanctions: Unification under the Eurasian Patent Office is considered an effective response to mitigate the impact of international sanctions, ensuring smoother operations and stronger protection for intellectual property.
3. Feasibility studies: Research indicates no substantial financial or legal barriers to the implementation of the Eurasian trademark system, supporting its potential feasibility.
4. Legislation synchronization: Synchronizing legislation, especially in areas of administrative and criminal law related to trademark infringements, is crucial for effective enforcement.

Despite the positive outlook, several challenges remain:

1. Coordination challenges: Aligning different national interests and legal frameworks is complex and poses a significant barrier.
2. Reluctance to cede power: National governments and patent offices may be reluctant to cede authority to a supranational body, leading to prolonged negotiations over fees, privileges, and staff redistribution.
3. Need for supranational framework: To overcome national resistance, it is recommended that the system be based on a supranational association rather than interstate contracts.

Looking ahead

While the establishment of a fully unified Eurasian trademark system is still not expected soon, the discussions at the 2024 congress highlight a clear path forward. The focus will likely be on:

1. Building consensus: Continued efforts to build consensus among participating countries.
2. Harmonizing laws: Synchronizing national laws to create a more cohesive framework.
3. Incremental steps: Implementing the system in phases to gradually overcome resistance and align interests.

The Eurasian trademark system represents a significant step towards integration and cooperation in the protection of intellectual property in the Eurasian region. While challenges remain, the potential benefits for businesses and economies in the region make it a goal worth pursuing.

For any questions, do not hesitate to contact Riikka Palmos, Director, European Trademark Attorney.