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Lawyers of PATENTUS succeeded in achieving previous cessation of the trademark “brusNika” for the development group Brusnika

Date: 15 January 2015

Our company client – “Brusnika” development group acting properly in Russia and abroad and using the mark “Brusnika” for the services in class 37 of the Nice Classification (construction, repair and installation of equipment).

In August, 2014 Brusnika International Limited (part of Brusnika group) filed an application with Rospatent to register a combined trademark being a generic term used by the group companies.

When testing similarities with the previously registered trademarks it was revealed that in 2011 Rospatent registered the combined trademark “brusNika” No. 443825 in the name of the JSC “Torgovy dom “Brusnika” for the services in class 37 of the Nice Classification (construction, repair and installation of equipment). That mark was confusingly similar to the mark claimed by the group Brusnika.

In order to register its trademark and to be able in the future to legally do its business, the group Brusnika filed a claim with the Court for Intellectual Property Rights for an early termination of legal protection for the trademark “brusNika” due to its non-use.

On January 13, 2014 at the Court for Intellectual Property Rights the defendant failed to provide any evidence of the trademark use (Case No. SIP-897/2014). In this connection, there was a decision on an early termination of legal protection for trademark «brusNika» No. 443825 in respect of services in class 37 of the Nice Classification (construction, repair and installation of equipment).

The lawyers of PATENTUS supplied the court with the arguments proving a legitimate interest of group Brusnika in the early termination of legal protection for the trademark “brusNika”. Moreover, although the law does not impose the burden of proof for a trademark non-use on the plaintiff, in order to maximize the chances of success the lawyers of PATENTUS made preliminary evidence collection prompting suggestions that the trademark «brusNika» was not being used by the defendant for the services in class 37 of the Nice Classification.

Consequently, we managed to remove a potential obstacle to the registration of the trademark belonging to the development group Brusnika (brusnika.ru) which has been actively developing its brand in Russia and overseas.




Thank You!