On June 8, 2023, the 9th consultation session on intellectual property for exporters is held
An alleged Belarusian franchisee for shoe and leather goods repair services raised a question about possible ways of using the mark under a complex entrepreneurial license agreement concluded with a Russian right holder.
The answer: since the franchise agreement is concluded in relation to services, the agreement will grant the right to use the service mark, among other rights.
The legislation on trademarks and service marks establishes that the use of a service mark for individualization of services in respect of which it is registered is carried out through the use of the mark:
on documentation related to the introduction of services into civilian circulation (e.g., order receipts);
when providing the services themselves;
in advertising, printed publications, on signboards, on displays at exhibitions and fairs;
in the global computer network Internet (including in the domain name, in other addressing methods).
The counter questions made it possible to recommend to the future franchisee to affix the service mark on the branded packaging (bags) in which the repaired shoes or leather goods will be returned to the customer.
