A successful case study for foreign rights holders: why even "simple" letter designations can receive trademark protection when a brand has long and actively operated in the market.
Case Summary
Key Facts
- Applicant: Becton, Dickinson and Company (New Jersey, USA) — global leader in medical device manufacturing
- Respondent: Rospatent (Russia)
- Application: Trademark application No. 2024747202, mark "BD" (Latin letters, standard typeface), Nice Class 10 (surgical and medical instruments, apparatus and devices), priority date: 26.04.2024
- Refusal ground: Article 1483(1) of the Russian Civil Code — the two plain Latin letters "BD" in standard typeface were deemed to lack inherent distinctiveness
- Outcome: Opposition upheld. Rospatent's decision of 21.04.2025 reversed. Mark "BD" ordered to proceed to registration for Class 10 goods.
The Legal Framework: When "Simple" Becomes "Distinctive"
Russian law provides an important mechanism for established brands — the doctrine of acquired distinctiveness through use, codified in Article 1483(1.1) of the Civil Code. Under this provision, a designation that inherently lacks distinctiveness may still be registered if it has acquired the capacity to distinguish the applicant's goods as a result of its use in the marketplace prior to the application date.
This is the doctrine Becton, Dickinson and Company successfully deployed in its opposition before the Chamber for Patent Disputes (CPP) — and it worked.
| Legal Criterion | What the Law Requires | How the Applicant Proved It |
|---|---|---|
| Duration of use | Long-standing presence of the mark in the Russian market | Becton Dickinson has been exporting to Russia since the late 1970s; its first trademark certificate containing "BD" carries a priority date of 6 March 1978 (Certificate No. 62822) |
| Intensity of use | Sales volumes, advertising activities, audience reach | Submitted industry product catalogues, specialist press publications, evidence of presence in professional medical directories |
| Consumer recognition | Proof that the mark is associated with a specific manufacturer | Industry portals, distributors and search engines all use "BD" as the universally accepted abbreviation for the company |
| Consistent CPP practice | Uniform application of legal standards | A prior positive CPP decision already confirmed the distinctiveness of "BD" for medical goods (application No. 2021740911) |
Four-Step Winning Strategy
A Documented Brand History
The applicant submitted not mere assertions but a system of evidence: copies of early trademark certificates, a chronology of market presence, and data on the company's representative office in Russia. This created a solid evidential foundation for the entire argument.
Industry-Wide Recognition
Materials from authoritative sources were assembled: professional medical directories, distributor websites, and coverage in trade publications. All confirmed that within Russia's medical community, "BD" is synonymous with Becton, Dickinson and Company.
A Coherent Trademark Portfolio
Presenting dozens of active Russian registrations containing the "BD" element demonstrated the company's systematic approach to brand management and reinforced the argument that the abbreviation has long served an individualising function.
Citation of Precedent
Referencing the prior positive CPP decision on an analogous application created an additional legal impetus and highlighted the impermissibility of contradictory administrative practice.
The Chamber's Ruling
"The perception of the claimed designation — the letter element 'BD' — by consumers is inextricably linked with Becton, Dickinson and Company, owing to the applicant's long and extensive use of this construction..."
The refusal was reversed. The mark "BD" will proceed to registration for goods in Nice Class 10.
IPPRO Practical Guidance
Why This Case Matters for International Business
The Becton, Dickinson and Company case demonstrates the flexibility of Russia's intellectual property system: even formally "weak" designations can receive protection where the rights holder can prove their actual individualising role in the marketplace.
IPPRO specialises in protecting the rights of foreign companies in Russia: from risk analysis to representation before the Chamber for Patent Disputes. We help turn legal challenges into strategic advantages.
This article is prepared on the basis of the Rospatent Chamber for Patent Disputes decision. For advice on trademark registration and protection in the Russian Federation, please contact IPPRO specialists.
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