Representation of the Client’s (agricultural enterprise) interests before the Patent Office of Ukraine regarding the Trademark registration. The Office issued a preliminary refusal to register the Client’s trademark arguing that it could mislead the consumer. The agency’s experts set out a well-reasoned position on the Client’s mark, which is based on the following points:
1. Evidence has been provided to demonstrate that the list of goods claimed under the mark for goods and services does not contradict the legislative concept of “fodder” specified in the Law of Ukraine “On Veterinary Medicine”, and, accordingly, the consumer cannot be misled when goods are released under the corresponding trademark.
2. The national and international standards as well as legal norms related to the regulation of environmental management systems for organizations have been analyzed, and certificates of conformity demonstrating the adherence of the Complainant’s products to the international standards, such as ISO (International Organization for Standardization), HACCP (Hazard analysis and critical control points) and GMP (Good manufacturing practice), have been provided.
3. A set of evidence has been provided to demonstrate that the Client’s mark submitted for registration is known to the Ukrainian consumer in relation to the above-mentioned activities, which confirms that significant and serious preparations have been carried out before bringing it into use.
As a result, the Office made a positive decision on the registration of the Client’s mark.