Acquisition and use of the right to means of individualization in order to prevent the use of trademarks by unfair competitor
Client BAGI Professional Products Ltd. (Israel)
Description
The company BAGI Professional Products Ltd. (Israel) faced unethical practices of the former distributor of Chimlife, LLC (Russia), which registered in its name the trademarks «BAGI», «ШУМАНИТ», «ПОТХАН/POTCHAN». The Israeli company used this designation long before the priority date of the trademark. More specifically, the products of the client were supplied in large volumes to Russia, Ukraine, USA, Bulgaria, Georgia, Germany, France, Romania and other countries.
Solution
Throughout the work, several options were developed to resolve the situation in favor of the client, including the appeal to the Russian Federal Antimonopoly Service with the claim on the acquisition and use of the right to means of individualization by the unscrupulous competitor.
After studying the matter it was decided that there were prospects to challenge the trademarks in the Chamber of Patent Disputes (Rospatent) on the ground of
In the meantime it was found that Best Klin, LLC (Russia), registered in its name the designation «BAMi», confusingly similar to the designation «BAGI», used by the client to label its products. Thereby, another objection against the registration of the said trademark was submitted to the Chamber of Patent Disputes.
Result
As a result of the proceedings, the legal protection of the trademark by the decision of Rospatent was invalidated in full; that permitted to the client successfully to register the trademarks in its name.
All the attempts of Chimlife, LLC, and Best Klin, LLC, to challenge the decision of Rospatent in the IP Court were not crowned with success, due to the high professionalism and coherence of the patent attorneys and lawyers of Gorodissky & Partners.
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