Client: “Green” LLC
Essence: Trademark registration
Specialists: Victoriia Ostapchuk, Victoriia Germasheva
Result: Successful negotiation on preliminary refusal in trademark registration
Representation of the Client’s (a large international industrial manufacturer of automotive and household chemicals, as well as cleaning equipment) interests before the Patent Office of Ukraine and the Appeal Chamber of the Ministry for Development of Economy, Trade and Agriculture 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 (Certificate № 132316 of December 10, 2010) in the name of “KARNADA” LLC.
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:
– absence of the owner of the opposed mark since the company called “KARNADA” LLC was liquidated more than 7 years ago;
– lack of application of the opposed mark leading to the fact that the opposed brand is not known for the Ukrainian consumer;
– recognition of the Client’s mark by the Ukrainian consumer in relation to the specified activity which results from the prolonged use of the mark by the Client, as well as by his partners in Ukraine.