Client wins in the Chamber of Patent Disputes
Client MICYS COMPANY S.p.A. (Italy)
Description
MICYS COMPANY S.p.A. (Italy), client of Gorodissky & Partners, manufacturer of cosmetic products under the world renowned brand PUPA has a number of Russian national and international trademark registrations valid in Russia.
It has become known to MICYS COMPANY S.p.A. that “puSpa” trademark was registered in Russia for similar goods in Classes 03 (cosmetics) and 05 (medical cosmetics).
Solution
Trademark attorneys of Gorodissky & Partners filed an appeal to the Chamber of Patent Disputes against registration of the “puSpa” trademark on the basis of senior rights of MICYS COMPANY S.p.A., and because there was the possibility of misleading consumers in respect of the manufacturer of goods.
The above arguments were supported by documents confirming presence of “PUPA” labeled goods on the Russian market. Also a report of an independent expert was secured, as well as the results of public poll according to which the trademark “puSpa” could be perceived by Russian consumers as a trademark belonging to the line of PUPA products.
Result
As a result of examination of the case by the Chamber of Patent Disputes of the Patent Office a decision was taken on early termination of validity of “puSpa” trademark for all goods in Class 03 and for part of the goods in Class 05.
