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Patent attorneys and lawyers of PATENTUS LLC succeeded in defending the rights of the oldest trade and exhibition complex in Moscow with regard to the mark "Автомобили" (Cars)

Date: 17 December 2013

On June 26, 2013 the Federal Service for Intellectual Property at the Rospatent refused to register the trademark "Автомобили" (Cars) filed under No. 2011728961/50 by OOO "Logistic Group" on September 5, 2011.

The Rospatent motivated the refusal by non-compliance of the mark claimed to the requirements of paragraph 3 of Article 1483 in the Civil Code, namely, they said the term "Cars" for the services in class 36 of the Nice Classification would be confusing for consumers with regard to to the service assignment.

The experts of PATENTUS LLC were involved to challenge the decision on refusal by filing an objection to the Chamber of Patent and Trademark Disputes on September 27, 2013.

The grounds for the objection came down to the fact that the claimed term was fanciful regarding the services in class 36 of the Nice Classification, and could not refer to the services assignment, let alone confusing consumers.

Moreover, there was the package of documents attached to the objection testifying a long-term use of the mark "Cars" with the express aim of the individualization of the property complex and provision of services in the field of real estate lease.

The automobile shop "Avtomobili" ("Cars") was built in 1975. In Moscow it was almost the only place where you could buy a car and spare parts related hereto. On the building of the shop there has been a sign "Avtomobili" ("Cars") since then. The right to this shop and the buildings was assigned to OOO "Logistic Group" in 2005.

Now this property complex is not just a shop "Avtomobili" ("Cars") but one of the largest Moscow trade fair. The applicant’s tenants are now such companies as OOO "Obruchev Avto", OJSC "MTS", OJSC "Megafon", the company Bosch, the car shop Moskvich , the insurance company "Renessansavto", etc.

Given the above, the board of the Chamber for Patent and Tradeamark Disputes granted our objection and registered the term "Avtomobili" ("Cars") as a trademark in respect of the services in class 36 of the Nice Classification "real estate operations". On December 17, 2013 the decision was approved by the head of the Rospatent.




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