Denis Kudryavtsev Gave Comments to Kommersant on Prospects of Registering the Smart Home Trademark by M.Video-Eldorado Group

Denis Kudryavtsev Gave Comments to Kommersant on Prospects of Registering the Smart Home Trademark by M.Video-Eldorado Group

Denis Kudryavtsev Gave Comments to Kommersant on Prospects of Registering the Smart Home Trademark by M.Video-Eldorado Group

According to Denis Kudryavtsev, a Dispute Resolution Lawyer at Patentus, the Federal Service for Intellectual Property (Rospatent) during examination may oppose the trademark in question to Yandex Smart Home trademark: "Therefore, the applicant will most likely have to negotiate with the copyright holder and receive a letter of consent for registration in identical and homogeneous classes."

In addition, Rospatent may, by analogy with other registrations, recognize the verbal elements "Smart Home" as descriptive for some goods and exclude them from the scope of legal protection of the trademark.

The trademark owner has the right to prohibit other persons from using confusingly similar or identical trademarks. If a trademark is registered for the same or similar product for which a third party advertises the product, that person may be subject to a claim and lawsuit for violation of the exclusive right to the trademark. In general, the success depends on efforts of the copyright holder in protecting its brand.

For more details see: https://www.kommersant.ru/doc/6715638 (the full text of the article is available to registered users)

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