Yet Another Impractical Reality from Motherland ;-)

We have all gotten accustomed to using emoticons, right? We use the famous smiley faces in text messages and e-mail. And if you are like me, you take every opportunity to use the emoticon, as it is fun and conveys your emotions (see my emoticon statement here).

Well in Russia (my Motherland), as was reported earlier by NTV (Russian Television Network) and the Associated Press, the use of the smiley face may soon bring Trademark infringement suits to court. A Russian businessman, Oleg Teterin, has successfully trademarked the famous smiley face in the Russian Federation ;-). He has noted that he will not pursue enforcement over personal use but will seek compensation for commercial use, specifically citing use by corporations and private companies "looking to make a profit without the permission of the trademark holder".

I have to say that nothing surprises me about Motherland. A country where you can buy anything as long as you have money and connections. Well, if you have money, you have connections. :) I keep asking myself though, how did this ever pass through the Russian Patent & Trademark Office (RPOT)? The funny part? Russia media said Teterin wasn't the first to try to trademark the symbol in Russia.

When I tried to search the RPTO, not surprisingly their website was down. However, I was able to find information on how to file for a TM in RPOT:
1) No evidence of use is required upon filing of a trademark application.
2) The rights to the mark will belong to the person who files the application first.
...even if a mark was used for a long time in Russia by another company.
A search on USPTO TARR results in 128 matches for "emoticons".