RusBankrot
We know everything about bankruptcy
19/02/2026
Thursday
THIS DAY IN HISTORY:
19 February 
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
19 February
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
THE SUPREME COURT FORBADE THE TRANSFER OF THE BANKRUPT'S TRADEMARKS WITHOUT THE CONSENT OF THE MANAGER
The bankruptcy procedure of an intellectual property owner can block an agreement on the alienation of rights to means of individualization, even if there is a pre-signed agreement. According to the explanations of the Supreme Court of the Russian Federation, the main role in such lawsuits is played not by the date of signing of documents by the parties, but by the official registration of the change of the copyright holder in the Rospatent register.
The story arose from a conflict between two citizens: Krivulin and Shuravko. Almost four years ago, they signed a court-approved settlement agreement. According to the deal, the seller (Krivulin) was obligated to assign to the buyer (Shuravko) the exclusive rights to use three trademarks. The nominal value of the transaction was 1 thousand rubles. At the same time, the buyer undertook to independently complete the procedure for registering the rights to himself.
However, the plans were disrupted by the financial difficulties of the seller. Interim measures were imposed on his assets in connection with debts, and by the spring of 2023, the court officially declared Krivulin bankrupt. When the restrictions were lifted, Rospatent refused to register the contract, requiring the consent of the debtor's financial manager.
The buyer did not agree with this result and appealed to the court. Interestingly, the arbitration courts of several instances supported his complaint. They decided that since the transaction was executed before the bankruptcy procedure was opened, the disputed trademarks should not be included in the bankruptcy estate. In other words, the agency had no reason to refuse the renewal.
The final point in the dispute was put by the Board of the Armed Forces of the Russian Federation (SCES). She pointed out a mistake: the exclusive right to a means of individualization passes to a new owner only at the moment when the corresponding entry is entered in the state register. Since this procedure had not yet been completed by the time the debtor was declared bankrupt, the rights remained with the previous owner and, therefore, were reasonably included in the bankruptcy estate for settlements with creditors.
In its ruling, the Supreme Court of the Russian Federation also emphasized that a settlement agreement concluded by citizens, even after its approval in court, does not change the essence of legal relations. By its nature, it is an ordinary purchase and sale transaction that cannot replace or cancel the need for state registration of the transfer of exclusive trademark rights.
Photo: Freepik
The story arose from a conflict between two citizens: Krivulin and Shuravko. Almost four years ago, they signed a court-approved settlement agreement. According to the deal, the seller (Krivulin) was obligated to assign to the buyer (Shuravko) the exclusive rights to use three trademarks. The nominal value of the transaction was 1 thousand rubles. At the same time, the buyer undertook to independently complete the procedure for registering the rights to himself.
However, the plans were disrupted by the financial difficulties of the seller. Interim measures were imposed on his assets in connection with debts, and by the spring of 2023, the court officially declared Krivulin bankrupt. When the restrictions were lifted, Rospatent refused to register the contract, requiring the consent of the debtor's financial manager.
The buyer did not agree with this result and appealed to the court. Interestingly, the arbitration courts of several instances supported his complaint. They decided that since the transaction was executed before the bankruptcy procedure was opened, the disputed trademarks should not be included in the bankruptcy estate. In other words, the agency had no reason to refuse the renewal.
The final point in the dispute was put by the Board of the Armed Forces of the Russian Federation (SCES). She pointed out a mistake: the exclusive right to a means of individualization passes to a new owner only at the moment when the corresponding entry is entered in the state register. Since this procedure had not yet been completed by the time the debtor was declared bankrupt, the rights remained with the previous owner and, therefore, were reasonably included in the bankruptcy estate for settlements with creditors.
In its ruling, the Supreme Court of the Russian Federation also emphasized that a settlement agreement concluded by citizens, even after its approval in court, does not change the essence of legal relations. By its nature, it is an ordinary purchase and sale transaction that cannot replace or cancel the need for state registration of the transfer of exclusive trademark rights.
Photo: Freepik
17.02.2026
