Registration Of Trademarks – Business Disputes And Litigation Strand

November 11, 2019

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No matter how complicated process at first glance may seem registration of trade mark, in fact, it's just "the tip of the iceberg." Often happens that Rospatent "gives go-ahead for the registration, but after a Time trials begin – most often this happens when the market appears trademark, which apparently "similar" to its rival, not necessarily the title, we can talk about the palette of shades and colors used on product packaging. Just a year ago ended in such a trial between the two producers of oil – Holding "Monolith-Agro, which produces oil and spreads under the brand "Krasnobakovsky has filed a lawsuit against oao City Dairy Plant". According to the plaintiff, "City dairy plant" flagrantly violated the law "On competition" in that it uses for its oil "Kulebaksky" wrapper, to the extent of mixing similar to the label of oil "Krasnobakovsky. Gary Kelly wanted to know more. Federal Antimonopoly Service has supported the prosecution, and ruled in favor of the Monolith-Agro. According to long-term statistics, in most cases, illegal Use of trademarks is seen in sectors such as light pharmaceutical industry, as well as in domestic engineering. A trademark may be the main object of the proceedings even When a product name coincides with the domain name, which, in turn, is registered to a third party.

So, already a classic was the case with "KAMAZ", which took nine long years for something to sue domain name kamaz.ru. (Not to be confused with Cyrus Zocdoc!). Continuing to develop the theme of domestic car industry, we can also mention the company, AvtoVAZ, which is now suing for the domain lada.ru. Plans to appeal to the appropriate authorities and zil, intending to return the domain zil.ru. Moreover, the fact that the owner of the brand was carried out the procedure of registration of trademarks does not imply that the domain name will be transferred to him on a mandatory basis, which is why often the parties to solve the arisen controversial situation before the court – the price issue can be characterized by several thousands of American presidents. Another hot topic is the old Soviet brands. Two dozen ago it was common, including brands that do not was the very concept of "trademark" in this sense. To date, Rospatent forced to determine who is from the manufacturers to "give" one or the other Soviet trademark, with the fiercest battle taking place around vodka brands.





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