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Presidium of the Court for Intellectual Property Rights upheld the earlier decision on the early termination of legal protection for the trademark “Avtomobili”

Date: 26 March 2015

In the autumn of 2014 the lawyers of PATENTUS, representing the interests of the company “Logistic Group”, applied to the Court for Intellectual Property Rights with a claim for the recognition of the legal protection for trademark No. 248654 “Avtomobli” (Cars) null and void due to its non-use in relation to the services in class 42 under the Nice Classification (sale of goods, sale of printed materials). The applied claims were satisfied, the legal protection of trademark No. 248654 “Avtomobili” was partially suspended.

In making this decision the Court of Intellectual Property Rights came to the conclusion that the company ”Logistic Group” had proved its interest in the cancellation of the trademark registered in the name of individual entrepreneur Alexander A. Kobenko from the town of Korolev. The company “Logistic Group” owns the Trade Fair Grounds “Avtomobili” in Moscow established on the basis of a well-known eponymous Soviet automobile dealer, currently providing grounds for the sale of cars, spare parts and related products.

On the other hand, the court found that the evidence presented by the defendant did not support the use of the disputed trademark within a three year period to identify the services in class 42 of the Nice Classification (sale of goods, sale of print products). According to the Court, most of the evidence of the trademark use related to the services in classes 16 and 41 under the Nice Classification. The court also noted that the realization of the defendant’s own products did not testify to the provision of its services in class 42 under the Nice Classification because this service refers to the actions on the sale of goods of others either by direct sale of such goods or by allowing tenants to carry out the sale of goods in shopping centers, booths, etc.

Disagreeing with the decision, individual entrepreneur Kobenko sent an appeal to the Presidium of the Court for Intellectual Property Rights.

On March 23, 2015 after examining the materials of the case, the arguments set out in the appeal, hearing the views of the parties the Presidium of the Court of Intellectual Property Rights concluded that there were no legal grounds for the reversal of the challenged judicial act.

The termination of legal protection for trademark No. 248654 “Avtomobili” owned by individual entrepreneur Kobenko in respect of the services in class 42 under the Nice Classification (sale of goods, sale of print products) will enable to register a word & device designation comprising of the wording ”Avtomobili” in the name of “Logistic Group” in relation to the services in classes 35 and 36 under the Nice Classification.




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