(Originally posted at Russian Patents blog ) 

No doubt, you’ve heard the buzz already - Russian company Superfone and its president Oleg Teterin claim they own the rights to reproduce emoticon and similar derivatives like and in spite of their being in public use for at least 15 years.

Associated Press says that “The Rospatent federal patent agency (aka Russian Patent Office) tells the RIA-Novosti news agency that the symbol was trademarked only as part of the company’s brand and has not been trademarked on its own.” - but AP, RIA-Novosti and Russian Patent Office representative are all wrong - Teterin INDEED has gotten rights for pure emoticon and not for a combined mark - take a look at RU2007719479 trademark certificate which clearly shows it:

smiley emoticon trademark russia

emoticon trademark is registered in three classes: 35, 38, 41 (so, actually, I can’t see how Superfone might sue McDonalds - anybody?)

The only problem is, Oleg Teterin is yet to pay registration fee (as of December 12, 2008).

Download RU2007719479 trademark certificate as PDF.

Source: Russian Patents blog