Client: Natural person Volodymyr Zapara, the founder of “DarWin Ukraine” LLC
Essence: Trademark registration
Specialists: Victoriia Ostapchuk, Victoriia Germasheva
Result: Successful negotiation on preliminary refusal in trademark registration
Representation of the Customer’s (a famous manufacturer of metal framed vinyl windows, doors and structures) interests before the Patent Office of Ukraine regarding the Trademark registration.
The Office issued a preliminary refusal to register the Customer’s trademark
«» arguing that a similar word sign «» has previously been registered in Ukraine (International Registration № 1032036 of January 28, 2010) in the name of an Italian company called TEKNOFLOOR S.R.L.
In order to challenge the decision of the Patent Office to refuse registration of the mark, the agency’s experts built a strong strategy which was based on the following arguments:
—the Client’s mark is recognized by Ukrainian and foreign consumers in relation to the specified activity which results from the prolonged use of the mark by the Client (more than 8 years);
—there is no visual, phonetic or semantic similarity between the signs, and each sign contains an additional visual component, which makes it more distinctive and prevents the consumers from confusing the signs.
—the areas of activity in which the Client’s sign and the opposed one are used are different, which also prevents the consumers from confusing the signs.