Morality and Religious Symbolism at Rospatent: The October 2024 Interreligious Council Procedure

On October 21, 2024, a new procedure took effect requiring Rospatent to refer trade mark applications containing religious symbols or religious semantic content to the Interreligious Council of Russia for an expert opinion before making a registration decision. The procedure, established by Order No. 593 of the Ministry of Economic Development, dated September 20, 2024, adds a mandatory external review step for any application touching upon religious themes — a significant expansion of the morality and public-interest examination in Russian trade mark practice.

Background: Article 1483 and the Morality Ground

Russian trade mark law has long provided a ground for refusing registration of marks that are contrary to public interest, principles of humanity and morality. Article 1483, paragraph 3, of the Civil Code prohibits the registration of designations that are false or capable of misleading consumers, and Article 1483, paragraph 2, prohibits elements that are contrary to public interest. Additionally, Article 1483, paragraph 4, prohibits marks that are identical to or constitute imitations of official symbols, state emblems, and cultural heritage objects.

Religious symbols and terminology occupy a sensitive space within this framework. Prior to the October 2024 procedure, Rospatent examiners assessed religious content on a case-by-case basis, relying on their own knowledge and any available guidelines. There was no formal requirement to seek external religious expertise, which led to inconsistent outcomes — some marks with religious imagery were registered, while others were refused, depending on the individual examiner’s assessment.

The New Procedure

Order No. 593 of the Ministry of Economic Development introduces the following procedure:

• Identification: During substantive examination, the Rospatent examiner identifies that the applied designation contains religious symbols, religious imagery, or terms with religious semantic content.
• Referral to the Interreligious Council: Rospatent is required (not merely permitted) to submit the application to the Interreligious Council of Russia (Межрелигиозный совет России) for an opinion on whether the registration of the designation as a trade mark is permissible or impermissible from a religious perspective.
• Suspension of examination: The examination of the application is suspended until the Interreligious Council provides its conclusion.
• The Council’s opinion: The Interreligious Council, drawing on the expertise of relevant religious organisations, issues a conclusion on the possibility or impossibility of registering the designation.
• Consideration by Rospatent: The Council’s conclusion is taken into account by Rospatent when making its registration decision. If the Council advises against registration, the applicant is informed and provided with the Council’s conclusion.
• Applicant’s response: The applicant has the opportunity to respond to the Council’s conclusion and present arguments before Rospatent makes its final decision.

Scope of Application

The procedure applies broadly to any designation that contains or incorporates:

• Religious symbols: Crosses, crescents, Stars of David, dharma wheels, and other recognisable religious iconography.
• Religious imagery: Depictions of saints, prophets, sacred buildings, or religious scenes.
• Religious terms and names: Words with religious semantic content, names of religious figures, references to sacred texts, or terms associated with religious practices.

The scope is deliberately broad, reflecting the sensitivity of religious content in Russia’s multi-confessional society. The Interreligious Council represents Russia’s major religious traditions, including the Russian Orthodox Church, Islamic organisations, Jewish communities, and Buddhist organisations.

Practical Impact

The new procedure has several practical consequences for applicants:

• Extended examination timelines: Applications with religious content will take longer to process due to the mandatory referral and suspension. The Council’s review period adds an indeterminate delay to the examination timeline.
• Uncertainty of outcome: The Council’s conclusions are advisory but carry significant weight. A negative conclusion makes registration unlikely, though Rospatent retains the final decision-making authority.
• Broader definition of “religious content”: The scope extends beyond obvious religious symbols to terms and imagery with religious associations. Marks that indirectly reference religious concepts may trigger the referral procedure.

Strategic Recommendations

• Audit your mark for religious content: Before filing, assess whether the mark contains any elements — visual or verbal — that could be interpreted as having religious symbolism or semantic content.
• Anticipate delays: If religious content is present, factor the Council review into your timeline. Do not assume standard examination periods.
• Consider alternative designs: If religious elements are not essential to the brand identity, consider filing a version without them to avoid the referral procedure.
• Prepare arguments in advance: If you expect a negative Council opinion, prepare responses and contextual arguments demonstrating that the mark does not offend religious sensibilities or exploit religious symbolism for commercial purposes.

Key Takeaway

The October 2024 procedure formalises and strengthens Rospatent’s approach to trade marks with religious content, making external review by the Interreligious Council a mandatory step. Applicants should expect longer timelines, greater scrutiny, and potential refusal for marks that touch upon religious themes. The procedure reflects Russia’s broader policy of protecting religious sensibilities in the commercial sphere, and applicants should factor this into their filing strategies from the outset.