Trademark Examination in Russia: New Challenges Under Stricter Organic Product Regulations

Starting September 1, 2025, amendments to the Federal Law on “Organic Products and Amendments to Certain Legislative Acts of the Russian Federation” will take effect in Russia. These changes are aimed, among other things, at tightening the rules for labeling organic products, which include agricultural products, agricultural raw materials, and foodstuffs. The new regulations aim to increase consumer trust in products labeled as organic and protect them from dishonest producers.

Key Regulatory Changes

Under the new legislation, terms such as “organic,” “biodynamic,” “biological,” “ecological,” “environmentally friendly,” “green,” and their abbreviations (e.g., “eco,” “bio,” etc.) can only be used in product labeling if there is a certificate confirming the compliance of production with organic standards. Certification is carried out by accredited bodies that verify that the products meet organic production requirements.

Exceptions to this rule include:

• If technical regulations allow the use of the term “bio” for certain types of products regardless of the production method.
• If the term “green” indicates the color of the product or its degree of ripeness.
• If the phrase “green standard” is used for products with improved characteristics.

Products released before September 1, 2025, may remain in circulation without meeting the new requirements until their expiration date.

Impact on Trademark Examination

Amid clarifications to labeling rules, the legislative changes have already begun to influence the practice of examining trademarks. Applications containing elements like “bio,” “eco,” “green,” “organic,” and similar designations are increasingly being refused.

The Federal Institute of Industrial Property (FIPS) experts justify these refusals by stating that such designations may mislead consumers about the properties and characteristics of the products. To overcome such refusals, applicants are required to provide certificates confirming that the products indeed comply with organic standards.

These refusals apply not only to trademarks for agricultural products, agricultural raw materials, and foodstuffs but also to other categories of goods and services, raising questions among applicants. Although this law regulates only organic products, the examination broadly interprets the requirement for product compliance with the declared properties.

Potential Challenges and Solutions

1. Broad interpretation of the law. Extending certification requirements to all categories of goods and services may be contested as excessive. Applicants may challenge FIPS examiners’ arguments at the preliminary refusal stage to save their rights to trademark registration.
2. Need for pre-obtained certificates. To avoid problems and delays in registration “green” trademarks for products covered by Federal Law “On Organic Products…”, applicants are advised to obtain compliance certificates before filing their applications.
3. Application adaptation. If certification is not feasible, applicants should avoid using trademark applications designations associated with organic products.

Conclusion

Stricter regulation of organic products significantly impacts the examination of trademark applications. Companies planning to use designations related to environmental or organic attributes in their brands should consider the new legal requirements. Additionally, they should carefully develop application strategies to minimize the risk of refusals.

The current changes underscore the need to align intellectual property issues with the rules of other areas of law, requiring a more comprehensive approach from businesses and consultants.