PATENTUS defended trademark MOSCOW CITY in court of cassation

PATENTUS defended trademark MOSCOW CITY in court of cassation


In the summer of 2021 our experts have already protected the rights of our client, CITI PJSC, for the trademark MOSCOW CITY in the Court of Intellectual Rights. In its decision, the court ordered RuPTO to re-examine the objection to the trademark refusal, but this decision did not bring the desired registration - the office issued a decision of refusal again.

According to that, PATENTUS experts filed an application with the court of cassation. Dmitry Markanov and Anastasia Egorova submitted evidence to the Presidium of the Court of Intellectual Rights confirming the validity of our client's trademark registration.

Lawyers reasoned that CITI PJSC is already the owner of a large number of signs similar to the disputed trademark MOSCOW CITY. The process of registration of these marks had no obstacles on the part of the registration authority.

The opponent, in turn, cited as evidence the information from online translators, in which the name of MOSCOW CITY literally translated as «the city of Moscow», and thus refers exactly to the city, which creates a deceptive impression to the consumer that the activities are carried out directly on behalf of the city of Moscow.

PATENTUS experts clarified this argument by pointing out that according to the rules of the English language, «the city of Moscow» translates as «The Moscow City». In addition, the results of the poll prove that the trademark is associated by consumers with the client and directly with the activities of CITY PJSC, which in turn proves its distinctiveness.

As a result, the appeal was granted by the Presidium of the IP Court, and the objection was again sent to RuPTO for consideration.

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