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PATENTUS cancelled Amyl trademark

Date: 15 December 2017

Dmitry Markanov and Maria Meshcheryakova, representing the interests of Amylco LLC, a largest starch producer, in the Chamber for Patent Disputes, secured cancellation of legal protection for trademark No. 618777.

On October 30, 2017, at the clients request, PATENTUS experts filed an objection against the grant of legal protection for the disputed trademark.

The objection was based on the following contentions.

1) In the disputed trademark, the Amyl text element is nonprotectable, as it characterises the product, in respect to which it was registered. Such situation is permitted by law, however provided that an nonprotectable element should not hold a dominant position within any trademark. In violation of the norm, in the disputed trademark, the nonprotectable text element holds a dominant position.

2) The disputed trademark is similar, in the part of sound, graphics and meaning, to Amylco LLCs trademark No. 373749 that has a preceding priority. The products sold under the disputed trademark and Amylco LLCs products are homogeneous. So PATENTUS lawyers proved that the disputed trademark is confusingly similar to a trademark that existed earlier, which is not permitted by the applicable law.

On December 15, 2017, the jury of the Russian Agency for Patents and Trademarks (Rospatent), upon review of Amylco LLCs objection and the right holders reply thereto, decided to invalidate legal protection for trademark No. 618777.

Dmitry Markanov



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