Client: “Karpaty” Hotel and Resort Centre” LLC
Essence: Trademark registration
Specialists: Victoriia Ostapchuk, Victoriia Germasheva
Result: Successful negotiation on preliminary refusal in trademark registration
Representation of the Customer’s (one of the largest Truskavets referral hospitals, operating since 1993) 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 signs «» and “” have previously been registered in Ukraine in the name of “KARPATY “Clinical Sanatorium“ Subsidiary enterprise of “Ukrprofzdravnitsa” Closed Joint-Stock Company belonging to the Recreation Institutions of Trade Unions of Ukraine“ (Certificate № 148586 issued on December 12, 2011) and in the name of “ServiceCentre – Zapad” Private Enterprise (Certificate № 158273 issued on July 10, 2012).
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 and tourists in relation to the specified activity which results from the prolonged use of the mark by the Client (over 26 years);
—the differences between the signs are visually distinct, and there is an additional visual component in the Client’s sign, which makes it more distinctive and separates it from the rest.