Judicial Defense: Trademarks

05.10.2012
The Ninth Arbitrazh Court of Appeals set aside the decision of the Moscow Arbitrazh Court and ruled to invalidate Rospatent’s Decision cancelling the international trademark registration “SKYY Vodka” due to non-use. The Court of Appeals accepted all the arguments submitted by Trademark Attorney Dr. Elena Gorodisskaya who acted as counsel for the owner of the trademark “SKYY Vodka”.
According to the Ruling, the notice of acceptance of action and appointment of hearings given to a foreign representative of the international registration owner without giving due notice to the owner should not be deemed a notice duly given in full compliance with applicable law. The Court of Appeals has held that the only fact of having the ownership of similarly confusing trademarks for similar goods, that have a later priority than the cancelled international registration, does not constitute sufficient evidence of a bona fide interest of the petitioner. The Court of Appeals has found that export of products to Russia through a chain of suppliers under relevant contracts evidences the use of the trademark in Russia under control of its owner.