Client: Animagrad LLC and KRUNMER Holdings Limited

The essence: trademark protection

Specialists Anna Kravchuk, Bogdan Kuchay

The Client is the owner of Ukraine certificates for Cyrillic and Latin TM “Mavka”, registered for a wide range of goods and services.

The opponent registered a combined TM with the word “Mavka” to produce beer and provide services for its advertising and sale.

The Client represented by  Synergy filed a claim to invalidate the certificate for the disputed TM and prohibit using the “Mavka” by the violator in the future.

During the process, the opponent appealed against the court’s decision to secure the claim prohibiting TM rights transfer during the case. The Client successfully defended the security measures in the cassation court. After that, the dispute was resolved amicably. The opponent agreed to conclude a settlement agreement, which stipulated, among others, his duty:

– to stop using and not to use in the future word “MAVKA”, as well as other words that are similar to the Client’s trademarks;

– to refuse the litigious TM certificate (at the moment, the certificate’s validity has already been terminated) and not to use the right to re-register.

The court successfully approved the settlement agreement, and the proceedings were closed. Less than six months have passed from the opening of the case to its closure.