Our client is a leading company for the production and sale of pest control products, which filed a trademark depicting cockroaches.
At the same time Russian PTO received an application in which it was claimed that the designation of our client had identical elements with another image, the copyright of which belongs to another company and which has been used since 2001. The opponent claimed that this designation would mislead consumers about the manufacturer of goods, as it was allegedly associated with the opponent's activities.
PATENTUS attorneys were able to argue that the elements in the disputed images bear no resemblance and do not in general identify the images. In addition, the image of cockroaches and the verbal element "DEATH TO PESTS" inform the consumer about the use of the product to control insects, while the image of rats and the verbal element "RATES DEATH" refer the consumer to the fight against rats only.