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On March 12, 2014 in the Court for Intellectual Property Rights the lawyers of PATENTUS LLC sued out the early cessation of the legal protection of the trademark "Modny Kvartal" (Fashion quarter) due to its non-use

Date: 14 March 2014

In 2013 OOO "Collage", the holding company of one of the largest retail and entertainment complexes in the city of Irkutsk filed an application for registration of the trademark "Modny Kvartal" with the Rospatent. A year later the Rospatent issued a notification on the provisional refusal arguing that the trademark could not be registered in respect of the services in class 35 since it was confusingly similar to the trademark "Modny Kvartal" No. 309933 owned by "Agentstvo Express Service" (St. Petersburg).

On behalf of OOO "Collage" the lawyers of PATENTUS LLC filed a suit into the Court for Intellectual Property Rights for the cancellation of the opponents trademark for non-use. The lawyers of PATENTUS LLC managed to prove that OOO "Collage" was interested in the early termination of legal protection for the trademark "Modny Kvartal" in respect of the services in class 35 of the Nice Classification. They proved as well that the documents submitted by the defendant did not support the use of their "Modny Kvartal" in respect of the services in class 35 of the Nice Classification.

The Court for Intellectual Property Rights issued its decision to partially accept the application and prematurely terminate the protection of the trademark "Modny Kvartal" for the services in 35 class.

Note:

The retail and entertainment complex "Modny Kvartal" has an area of 38,000 square meters and is the largest shopping and entertainment complex in Irkutsk. There, under one roof, a large shopping mall with famous brands and conceptual restaurants and cafes share the space.




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