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PATENTUS succeeded in safeguarding the interests of a major supplier of preparations for oil refining

Date: 16 July 2015

In January 2015 a company "Biokhimprom" applied to Rospatent with an objection to the provision of legal protection for trademarks “DEVOUROIL” in Cyrillic No. 163575 and “DEVOUROIL” in Latin No. 163576 owned by a company “Microbnye Technologhii”.

Since 1997 “Microbnye Technologhii” has been engaged in the production, commercialization and promotion of a biological product under the mark “Devouroil” in Cyrillic related to oil refining. The defendant’s clients are all major players in the oil market: Lukoil, Surgutneftegaz, Tatneft, Sakhatransneftegaz, Gazprom, Bashneft , etc.

In its objection “Biohimprom” appealed to the fact that: 1) prior to the official priority date the designation “Devouroil” in Cyrillic was associated with another company, 2) the contested marks denoted the intended use of goods and, therefore, could not be registered.

On July 7, 2015 there was a hearing at the Chamber for Patent Disputes in which the lawyers of Patentus Markanov Dmitry and Tatyana Sergunina put the arguments in favor of “Microbnye Technologhii”:

1) The objector (“Biohimprom”) was not an interested party, since all the documents related to the early use actually covered the activities of a different company and there were not any ties between the two companies shown;

2) The documents submitted by the objector did not give evidence to the rising of the mark “DEVOUROIL” to fame;

3) Over the years of market presence (since 1997) the marks “DEVOUROIL” in Cyrillic and Latin became only associated with the activities of “Microbnye Technologhii”, in support of which the lawyers of PATENTUS presented 371 attachments to the response to the objection.

4) The mark “DEVOUROIL” was a fanciful brand name.

Taking into account all the parties’ arguments, the Chamber for Patent Disputes dismissed the objection and retained the legal protection of the trademarks owned by the client of PATENTUS.




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