The Gorny Park Hotel located in the village of Sheregesh of Kemerovo Region, which has been using an image of a carbine in the form of the Latin letter G as its logo since 2020, has faced a lawsuit for infringement of rights to a registered label.
The Gorny Park Hotel in the village of Sheregesh, Kemerovo Region, has been using an image of a carbine stylized as the Latin letter G as its logo since 2020.
At the end of 2023, a legal entity from the same region officially registered trademark No. 973014, which is confusingly similar to the Gorny's logo, according to class 43 of the International Classification of Goods and Services (hotels and restaurants).
Subsequently, the copyright holder filed a claim against Gorny for the infringement of rights to the registered label.
The owners of the park hotel did not agree with the arguments of the opponent and turned to the PATENTUS judicial team for protection of their intellectual rights. Together with the lawyer of Gorny, PATENTUS prepared and filed an objection to the legal protection to trademark No. 973014 with the Chamber of Patent Disputes under the Federal Service for Intellectual Property (Rospatent) and challenged its registration.
The basis of the legal position of PATENTUS was the argument that the contested trademark of the opponent infringes the exclusive right of the client to the work of fine art "stylized carbine", created by an illustrator under the order of Gorny, as well as to the commercial designation used by the client to individualize its services.
Based on the arguments presented by PATENTUS, Rospatent decided “to recognize the legal protection of the trademark under certificate No. 973014 as invalid in full."
Full text of Rospatent’s conclusion on the results of consideration of PATENTUS objection.
Image: Gorny Hotel Park
