Ukrtelecom's "Internet": Is the Global Network in Common Use?
Recently, Ukrtelecom registered the trademark (mark for goods and services) "Internet," causing quite a stir. Many were perplexed: could Ukrtelecom now prohibit others from using the word "Internet" without its consent? Furthermore, "Internet" is a commonly used term, which, by law, cannot be trademarked. We sought to determine what the registered trademark "Internet" actually is and what rights its owner now has.
Internet details
In the Ukrpatent database, you can find out all the details of this registration using certificate number 139840, as well as view an image of the mark.
The trademark is registered under classes 35, 38, and 42. Class 35 covers various types of advertising materials, including online advertising. Class 42 covers scientific research services and computer-related services. Class 38 denotes communications and communication equipment, and the word "Internet" for the word "Свиъ" (Communication) and for class 38 as a whole is commonly used, meaning it is prohibited from registration by law. Why Ukrtelecom was ultimately allowed to register the word "Інтернет" under class 38 is unclear.
As reportedformerly "Infonic", the “Internet” sign is depicted in white letters against the background of a blue graphic element in the form of a cloud, that is, it is a combined sign (graphic image and text).
By searching the Ukrpatent databaseit's easyFind out that Ukrtelecom OJSC is the owner of about a hundred trademarks, including “ukrtelecom”, “ogo!”, “playTV”, “U’video” and many others.
Patent trolling in Ukraine
It's worth noting that the "Internet" trademark for goods and services is already listed in the Ukrpatent database. According to certificate number 83502, this trademark belongs to the advertising agency "INTERNET-MEDIA," the applicant is Zhanna Igorevna Shkrebko, and the patent attorney is Igor Kondratyuk. This "Internet" trademark is registered in classes 39, 43, and 45. These classes include transportation, tourism, legal services, food and beverage services, and others.
With a simple queryWhois can be found outThe owners of the second trademark are the owners of the attractive internet.ua domain. It's worth noting that this trademark had been unused for a long time and belonged to Zhanna Igorevna Shkrebko, a relative of patent attorney Igor Viktorovich Kondratyuk. Now, apparently, the trademark has been sold to a new owner – the company INTERNET-MEDIA ADVERTISING AGENCY LLC.
There is information that with the domain ownersinternet.uaThe InternetUA publication (located on the internetua.com domain) was sued, but the first Ukrainian internet magazine was unable to sue for either the domain or the trademark. However, this information has not been verified.
A clever scheme was used to register this trademark: to prevent the word "Internet" from being recognized as commonly used, the trademark was presented in color and distorted, specifically, written in three words in different font sizes: "In Ter net," and another identical trademark, number 54354, "Int ER net." Incidentally, this isn't the only such ruse: among the trademarks registered by this patent attorney for himself and his relatives are post.ua, web.ua, yalta.ua (Hostmaster refused to register the domain), women.ua, visti.ua, gay.ua, gifts.ua, bankir.ua, mebel.ua, and many others, more than 100 in total.
Patent attorneys who register trademarks, patents, and other intellectual property in bulk for profit are known worldwide as "patent trolls" and, in most countries, are stripped of their patent attorney title, with courts easily recognizing such registrations as illegal.
What could be the consequences?
But let’s return to the Internet from Ukrtelecom. Does Ukrtelecom have the right to the domain? internet.uaCan the use of the word "Internet" be prohibited without its consent?
According to the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services," the scope of legal protection granted to the owner of a trademark is determined by the image of the mark and the list of goods and services for which it is registered.
Let us recall that the “Internet” trademark, which became the property of “Ukrtelecom”, is a combined trademark consisting of a blue geometric figure with the inscription “Internet” in white letters against the background of a blue graphic element in the form of a cloud.
Registration of such a mark means that its owner can use the "Internet" trademark (a mark for goods and services), and can grant or prohibit its use only in the combination of letters and graphic elements for which the trademark protection has been obtained. This means that Ukrtelecom cannot use the word "Internet" itself.
Let's return to the internet.ua domain. As a reminder, the internet.ua domain is used by the company "Internet-Media Advertising Agency" LLC, but the content of the website located on this domain does not comply with the classes for which the "Internet" trademark is registered. This means that, theoretically, Ukrtelecom could attempt to seize this domain.
